Part 5 - Protocol for Member/Officer relations

1.1

There shall be mutual respect between Members and Officers with regard to their respective roles set out below.

1.2

Both Members and officers shall carry out their respective duties in the best interests of the Council

2.1

Members

• Develop and set policies, which will then be implemented by the officers.
• Monitor how those policies are being implemented
• Provide guidance to the officers on how those policies are to be implemented either if members wish to do so or if officers ask for guidance
• Represent the views of their ward constituents
• Consult with the communities they represent on the development of policy, particularly best value reviews, the Best Value Performance Plan, community planning and other local initiatives
• Should consult with the monitoring officer and chief finance officer about vires, maladministration, financial impropriety and probity or where they have any doubt as to whether particular decisions were, or are likely to be, contrary to the policy framework or contrary to or not wholly in accordance with the budget
• Respect officers' political impartiality

2.2

Members must not require any officer:

• To change his or her professional advice
• Take any action, or not take action, which the officer considers would be unlawful or illegal or which would be likely to amount to maladministration

3.1

Officers:

• Implement the policies set by Members
• Will ask for guidance on implementation of the policies set by Members if they are unclear about any aspect of those policies
• Give such professional advice to Members as may be required of them from time to time;
• Carry out their delegated functions to the best of their ability and in the interests of the Council;
• Must remember that he or she is employed by Salisbury District Council;
• Are under a duty to help all Councillors/Co-optees and all parts of the Authority equally

3.2

Officers must not:

• Set policy other than for the smooth running of office procedures and processes and as may have been delegated under the Scheme of Delegation;
• Take any action, or not take action, which would be unlawful or illegal or which would be likely to amount to maladministration

6.1

The Chairmen and members of the Council's overview and scrutiny committees shall:

• Seek the advice of the monitoring officer where they consider there is doubt about the vires for a decision or the monitoring officer and other appropriate officers where they consider a decision of the executive might be contrary to the policy framework.
• Consider the seniority of the officers asked to appear before it, to ensure that more junior officers are not put under undue pressure
• When asking officers to give evidence confine questions, so far as possible, to questions of fact and explanation relating to policies and decisions.
• Where they consider it appropriate, ask officers to explain and justify advice given to members of the Executive prior to decisions being taken and justify decisions they themselves have taken under the Scheme of Delegation
• Not draw officers into discussions on the merits of alternative policies where this is politically contentious
• Not to question officers in such a way as to be in breach of the Council's policy on harassment nor deal with matters which are of a disciplinary nature.
• At all times respect the political impartiality of the officers.

6.2

Officers shall:

• Maintain political impartiality at all times when commenting on the Executive's policies and actions;
• Be prepared to explain and justify advice given to members of the Executive prior to decisions being taken and justify decisions they themselves have taken under the Scheme of Delegation;
• Ensure that an officer of sufficient seniority appears before the relevant committee

7.1

Be bound by the same provisions set out in paragraph 2 above when sitting as a committee or panel

7.2

Give officers the opportunity to present any report and give any advice they wish to present or give

3.1

When dealing with the various party groups officers shall:

• Offer the same briefing to all party groups when asked to give a briefing to one group;
• Exercise care when giving briefings or commenting on the policies and actions of the Executive or any of the Council's committees or panels and maintain political impartiality at all times;
• Avoid being drawn into discussion of the merits of alternative policies where this is politically contentious

8.2

When acting in party groups and dealing with officers members shall:

• Ensure they do not do anything which may compromise officer impartiality

10.1

Save as provided below every Member of a committee, sub-committee or the Executive has a right to inspect documents about the business of that committee, sub-committee or the Executive.

10.2

A Member who is not a member of a specific committee, sub-committee or the Executive may have access to any documents of that part of the Council if:

• He or she satisfies the Head of Legal and Property Services that he or she reasonably needs to see the documents to perform his or her duties; AND
• The document or papers or information do not contain "confidential" or "exempt information".

10.3

A Member is not entitled to inspect any document or have access to any information about a matter

• in which he or she has a pecuniary or non-pecuniary interest; OR
• where to do so would be in breach of the Data Protection Acts 1983 and 1998, as amended from time to time.

11.1

This applies to all those people who are not elected members of the Council but who are members of or attend any of the Council's Committees or any other bodies.

11.2

This protocol applies equally to such non-Council members on Council bodies as it does to Council Members

12.1

All press releases

• Should be issued through the Council's Marketing and Communications Manager;
• Should be concerned with matters of policy;
• Should not contain anything of a political nature. In this respect regard must be had to the relevant legislation concerning publicity issued by Councils, especially around election time;
• Should be in the name of the relevant member of the Executive or Committee or other Council body.

13.1

All correspondence written on behalf of the Council must be written on the relevant headed paper.

13.2

When Members are writing they must make it clear whether they are writing on behalf of the Council or as the ward member

13.3

All correspondence should be open to the inspection of the public and in accordance with the Council's adopted policies. This does not apply to correspondence written in connection with legal proceedings, contractual matters or any other matter where papers can remain "exempt" within the meaning of Schedule 12A to the Local Government Act 1972, as amended, or where this would conflict with Data Protection requirements.