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Orton Waterville Parish Councillor Guidelines Issue V4

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ORTON WATERVILLE

PARISH COUNCIL

Councillor Guidelines

February 2017

Adopted by Orton Waterville Parish Council at the meeting on 21 Feb 2007.

Re-drafted and amended version adopted at the meeting on 15 Feb 2017


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Issue Record

Issue Date Author Purpose Issued

V1 M Smith For Comment Nov 2006

V2

V3.1

V3.2

V4

Feb 2007

Oct 2016

Jan 2017

Feb 2017

M Smith

P L Froggitt

JLM Howell

JLM Howell

For Adoption

Amended and

re-drafted for

comment

ditto

For Adoption

Feb 2007

Oct 2016

Dec 2016

Feb 2017


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Index

Para. Page Para. Page

1 Introduction 1 4 Councillors 12

2 The Parish 2 General 12

3 The Council 3 Duties 12

General 3 Code of Conduct 13

Chair/Vice-Chair 4 Register of Interests 13

Officers 5 Interests 13

Finance 5

Agendas for Meetings 7

Meetings 7

Services 10

Abbreviations

The following abbreviations are used:

OWPC = Orton Waterville Parish Council PCC = Peterborough City Council

CAPALC = Cambridgeshire & Peterborough Association of Local Councils

NALC – National Association of Local Councils

CPALC = Communities Parish and Local Councils LCPAS = Local Council Public Advisory Service


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COUNCILLOR GUIDELINES

1. Introduction

1.1 These guidelines are designed to support the activities of Orton Waterville Parish Council (OWPC) councillors. The source of these guidelines is the Good Councillor’s Guide (published by CAPALC) and the experience of OWPC councillors. Every councillor must be issued with an up-to-date copy of The Good Councillor’s Guide and these OWPC Councillor Guidelines.

1.2 When councillors are actively pursuing a matter they should also refer to

current legislation and codes of practice in case the guidance set out in this document should be out-of-date.

1.3 Documentation containing the specific requirements to be followed in

carrying out duties and actions is published on the OWPC Website; these guidelines are intended to give a general overview of the OWPC and OWP Councillor roles. The presently adopted policy documents of the council are:

Main Standing Orders

Financial Regulations

Code of Conduct

Freedom of Information

Complaints – Services

Complaints – Members

Investment Strategy

Grant Awarding

Health and Safety

Data Protection

Equal Opportunities

Racial Equality

Social Media

In addition information regarding the terms of reference of committees, working groups, allotment and burial ground conditions and minutes of

meetings for the last 10 years can be seen on the website. The list of OWPC assets can also be seen on the website.

Note that the above documentation helps the council to operate smoothly and legally.


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1.4 Further information about parish councils and councillors can be found from other sources such as NALC, CAPALC, LCPAS and other local government organisations; such information is available free for a councillor that has ‘signed up’. A further organisation which issues more regular and comprehensive information is CPALC. Membership is free for basic information but access to more comprehensive information may require a payment. Other information about the community is available via sites such as ‘Nextdoor’ and from eCops and ‘Orton Oracle’. Information about funding available for specific projects comes from ‘Funding Central’ circulated from time to time by PCC.

1.5 It is the duty of an OWPC councillor to make sure that you are well prepared and well-informed to ensure that OWPC acts within the law, effectively and efficiently in the interests of the whole parish community. The Good Councillor’s Guide draws attention on how to minimise the numerous pitfalls which parish councils need to avoid and how to make yourself well informed.

OWPC has a responsibility to represent, and to make decisions, and to approve plans, and to spend money to benefit the whole community.

2 The Parish

2.1 The parish council was formed in 1929. Histories of the parish and the parish council can be read on the website. 2.2 Orton Waterville is one of the larger parishes in the Peterborough area. At the time of the 2011 census the population was 9,987. With continued building, particularly in the Southgate/Northgate area, the population is now (2017) at least 10,500. The population of the parish divides into - >19 year old 23%, 20>59 year old 55%, 60+ year old 22%. 2.3 The parish contains two of the largest leisure areas in the Peterborough area: Ferry Meadows Country Park and the East of England Showground.

It also contains a large business park at Lynch Wood and a large industrial estate at Southgate as well as the Ortongate shopping centre at Goldhay.

2.4 The parish is bordered by the parishes of Castor (to North & North-West), Alwalton (to West), Chesterton (to West) and Orton Longueville (to East).


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2.5 The Parish of Orton Waterville consist of two parish wards:

Waterville (12 members)

Goldhay East (1 member) The boundaries of Orton Waterville Parish do not coincide with those of the City Council ward called Orton Waterville, as the Parish Ward of Goldhay East is in the City Council Ward of Orton Longueville.

3. The Council

General

3.1 OWPC is a corporate body with a legal existence of its own quite separate from that of its members. Its decisions are the responsibility of the whole body. OWPC has been granted powers by Parliament including the important authority to raise money through taxation (the precept) and a range of powers to spend public money. 3.2 OWPC is the lower tier of elected local government. The Peterborough City Council (PCC) is our principal authority and has a legal duty to deliver services such as education, town and country planning, environmental health and social services. OWPC has legal power to take actions, but has fewer duties and greater freedom to choose what action to take. OWPC can play a vital part in representing the interests of the communities served; not least in ensuring the realisation of commitments from PCC in improving the quality of life and the local environment. Furthermore OWPC influence other decision makers and can, in many cases, deliver services to meet local needs. 3.3 OWPC has a duty to ensure that all the rules for the administration of OWPC are followed. OWPC must: • appoint a chair responsible for the smooth running of meetings and for ensuring that all council decisions are lawful; • appoint a clerk as OWPC’s advisor and administrator; • appoint a responsible financial officer to manage the finances in a sound and professional manner; the Clerk is presently also the RFO; • appoint an independent and competent internal auditor ; • comply with employment law, equal opportunities and disability legislation, the Freedom of Information and Data Protection Acts; • hold a minimum number of four meetings per year, one of which must be the Annual Meeting of OWPC.


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3.4 OWPC Governance. A council can declare itself to have General Power of Competence if it has a qualified Clerk and two thirds of its members were elected (not co-opted). OWPC fulfils these criteria and has declared itself to have this power. The Council must renew its declaration of the power at each 'relevant annual Council meeting' (as long as it still fulfils the above qualifications). A relevant annual meeting is the first meeting after the ordinary elections that normally take place every four years. In brief The General Power of Competence gives a council “the power to do anything that individuals generally may do as long as they do not break other laws”. 3.5 As is highlighted above with the Power of Competence there is little that the council cannot do if they wish but some matters that the council has a duty to consider, should they arise, include: • providing allotments if at least six electors want them; • the impact of their decisions on reducing crime and disorder in their area; • adopting a churchyard when it is closed, if asked to do so by the Parochial Church Council. 3.6 Rules are set out in law to guide the procedures of OWPC and OWPC can add its own regulations. Together these rules make up the council’s standing orders.

Chair/Vice-chair

3.7 The Chair and Vice-Chair are appointed for the forthcoming year at the council’s annual meeting.

3.8 The Chair is in charge during council meetings; this is a post recognised in law and must command respect. 3.9 It is the Chair’s job to manage the meeting by introducing agenda items, inviting members to speak – and curtailing excessive or irrelevant speaking

- focusing discussion and clarifying matters for decision. 3.10 In the absence of the appointed Chair the appointed Vice-Chair chairs the meeting.

3.11 The council may delegate certain decision making to the Chair regarding matters that may require immediate decisions between meetings providing such decisions are made after consultation with the Clerk. If a financial spend is involved the decision is made after Consultation with the RFO. 3.12 When a vote is tied, the Chair has a second, or casting vote, ensuring that a decision can be made. Conventionally, in the event of a tied vote the Chair votes for the status quo but does not have to do so.


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Officers

3.13 The Clerk is appointed and employed by the Parish Council. The Clerk provides advice and admin support and takes action to implement Council decisions. The Clerk may have to act as a project manager, personnel director, and public relations officer. The Clerk is answerable only to OWPC as a whole. The Clerk is the proper officer of OWPC in law. Legally councils can agree to delegate decisions to clerks. Delegation must be formally agreed by the full Council. 3.14 The council also appoints and employs a responsible financial officer (RFO) who is responsible for managing the OWPC finances which includes: keeping the accounts and producing statements; providing advice on budgeting and all other financial matters. All accounts and budgets are kept and made for the financial year running from April 1st to March 31st.each year. 3.15 OWPC also employs an Allotment Manager and a Burial Ground Manager. 3.16 At present one person is employed to fill all four roles. 3.17 OWPC appointments to these roles are on the basis of them being service providers. At the last change of Clerk, RFO, etc. the PC decided to make new engagements for people to provide and carry out the duties involved with cognisance of the fact that the hours of work to do so would vary week by week and at different times throughout the year. Hence, these officers are not, strictly speaking, employees paid on an hourly rate or annual salary but are service providers paid monthly. 3.18 OWPC must ensure that it acts in accordance with current employment law towards its employees. (for more information see The Good Councillor’s Guide). Finance 3.19 Sources of Finance – The most important source of income for OWPC is the Precept. The Parish Council has the right to instruct the City Council to add this parish tax to the council tax for the parish. The Precept is applied proportionally to tax payers in the parish. OWPC decides the total amount required. There is also income from allotment rental and burial ground fees. Many grants are offered to fund community activities and OWPC may apply for such if considering a specific project for which such funding is available.


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3.20 An occasional further source of income for the PC is via the CIL levy on new developments in the area from which the parish receives a percentage of the total levy. 3.21 The precept may be changed each year but should such change exceed 15%, either up or down, then such change will require explanation. 3.22 The PC’s budget for the forthcoming year needs to be set by November each year to enable the RFO to compile the precept request to the City Council by the calendar year end. 3.23 In addition to setting a budget for the forthcoming year it is also recommended that the PC sets an outline budget for a further two years which will include projects which the PC anticipate pursuing and for a further two years beyond that to include projects which the PC may pursue plus additional tasks/responsibilities which may be devolved to the PC. 3.24 The council may hold general reserves of money. The recommended level of general reserve is 25% of the annual precept. If general reserves exceed the amount of the precept being requested this will need explaining. Reserves exceeding that level may be held providing they are being held for specific projects that the PC intends to pursue and for which it is saving. ‘Ear-marked’ reserves must be reviewed and confirmed or amended annually. 3.25 The PC may hold reserves in an investment account. 3.26 Section 137 (Local Government Act 1972) gives a parish council the power to do anything that will benefit the community,or part of it, where there is no other specific power covering the action; it cannot be used

retrospectively, that is after the spending has taken place. Expenditure under this power must be commensurate with the benefit to the community; this means that there must be a match between the money spent and the benefit to local people. The full details of the OWPC policy can be viewed on the website under ‘Grants’.

3.27 OWPC must ensure that no unacceptable risks are taken with Public Money - e.g.

see that appropriate insurance is in place.

ensure that spending is reviewed against spending plans and budget at regular intervals at OWPC meeting.

ensure that the Annual Returns accurately represent the financial management of OWPC.

must not sign cheques unless the expenditure has been duly authorised and the cheque has been fully completed.


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3.28 In any financial year spend under any heading may not exceed the budgeted amount for the year without the specific approval (by motion) of the council. 3.29 Where a decision regarding spend must be made before the next meeting the RFO in consultation with the Chair and/or at least two councillors may make such decision. If a decision relates to an emergency and it requires immediate financial action the RFO has a delegated authority to spend up to £2,000 – again after prior consultation with the Chair. Agendas for Meetings 3.30 Compiling and issuing the agenda is the Clerk’s responsibility. The Clerk must sign the agenda and can decide how it will be set out. This process is often undertaken in consultation with the Chair. At the end of each meeting councillors are invited to suggest topics to be added to the agenda for the next meeting. You may ask the Clerk to add items to the agenda if you feel a relevant subject should be discussed but this should be done no later than 7 days before the meeting at which you wish the item to be discussed. 3.31 All councillors must familiarise themselves with all material supplied with the agenda including all correspondence issued with the agenda. 3.32 The agenda is published for parishioners’ information seven days before the meeting. It is publicised by hard copies on the PC notice boards and on the OWPC website. 3.33 Some matters such as recently occurring graffiti or litter problems may be brought up at the meeting under a general agenda item such as ‘Maintenance Matters’. However, agenda items such as ‘Any Other Business’ are not recommended as these can be used to raise topics which the council could and should have been informed about in advance. Meetings 3.34 OWPC meetings are open to the public and must be accessible to anyone who wishes to attend. The Freedom of Information Act 2000 requires OWPC to make documents available to the public in the spirit of open government. 3.35 Presently OWPC meets on the third Wednesday of each month except August at the Orton Waterville Village hall on Glebe Avenue. 3.36 Meetings shall not last more than 2.5 hours.


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3.37 The Chair is in charge, and the Clerk supports OWPC as it discusses business. 3.38 Council meetings are formal events. They have a clear purpose - to make decisions. Furthermore, they are public events; the press and public have a right to observe how OWPC operates. Exceptions are when sensitive issues are discussed (such as legal, contractual or personnel matters) and then the council can agree to exclude the press and public for just that item. 3.39 Photographing, recording, broadcasting or transmitting the proceedings of a meeting is permitted. Councillors and officers are deemed to have given permission for such recordings but if a member of the public speaks then the recorder must ask their permission to record. Oral commentary during the meeting is not permitted. The council itself may choose to record meetings to provide a true, reliable record. 3.40 All councillors are expected to attend full council meetings at which the Council usually makes its decisions. 3.41 OWPC presently has just one committee – the Planning committee. This committee meets infrequently as most planning applications upon which the council are invited to comment are discussed at full council meetings. 3.42 OWPC presently has three working groups – Finance & General Purposes, Leisure & Amenities and Environmental. The duties of the working groups are to research issues and make recommendations to the council; a working group cannot make a decision on behalf of OWPC.

The L&A group is formed to look at all areas of leisure facilities and activities in the area including the conditions, budgets and rents for allotments, the conditions, budgets and fees for the burial ground, open space maintenance and litter bin provision and play area maintenance and improvements.

The F&GP group is formed to look at most other areas of council activities and obligations including the annual review of and updating of documentation, setting the budget for forthcoming years, annual assessments of asset values and insurance requirements, checking of quarterly and annual accounts, reviewing investments and training requirements.

The Environmental group is formed to look at improvements and projects to benefit and improve the area for residents.

Terms of Reference for each working group are available on the parish council website.


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3.43 A committee is a formal meeting body and the date and agenda must be published and minutes taken and published. A working group does not need to fulfil those conditions provided that it does not consist of all of the members of the council; if it does then it must be treated as a full council meeting and comply with all of the conditions attached thereto. 3.44 Immediately after a full Parish Council election or annually in May is the ‘Annual Meeting of the OWPC’ at which a chair and vice chair for the year is elected and appointments to committees, working parties and outside bodies, are made. 3.45 The ‘Annual Parish Meeting’ is not a council meeting. It is a meeting of the parish electors at which electors can set the agenda. The Chair of OWPC customarily gives a report on OWPC activities and local issues in the community which can be debated. The Chair of OWPC calls the Annual Parish Meeting and, if present, will chair it. 3.46 The rules relating to the holding and conducting of meetings are contained in OWPC’s standing orders.These include rules of procedure laid down in law and additional regulations chosen by OWPC. 3.47 A third of OWPC, which is currently five members must be present for the meeting to go ahead or continue; this is known as the quorum. Therefore if you need to leave during a council meeting always warn the Clerk and Chair beforehand. The meeting must remain quorate at all times. 3.48 OWPC ‘Standing Orders’ determine:- • the order of business • the length of meetings and the duration of speaking time • the schedule of meetings for the year • delegation to committees and officers • voting requirements • procedures for public participation. 3.49 Councillors, having engaged in discussion, vote for or against the proposal by a show of hands. Matters to be decided are called proposals or motions and are recorded in the minutes as, for example, “It was resolved that OWPC will contribute £2000 to the community bus scheme.” If you have no view on a proposal, or cannot decide, you can abstain – but it is hoped that this is not done frequently. 3.50 Normally voters’ names are not minuted but, a councillor can ask for names to be recorded. Remember that OWPC decisions are corporate decisions. It is good practice to search for constructive solutions and as much common ground as possible. You should keep contributions short and to the point.


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3.51 Without the Chair’s permission a councillor shall not speak for more than 5 minutes on a particular subject. 3.52 OWPC advertises the meetings by putting up public notices; electors have a right to attend but do not have a right to speak except in the designated public forum slot on the agenda - when the meeting is adjourned. At other times during the meeting the Chair may allow members of the public to speak or ask questions by adjourning the meeting. The public may not speak without the meeting being adjourned. 3.53 Any police officers or city councillors not being parish councillors and attending would normally contribute while the meeting is adjourned, although the Chair can also invite them to present a report under an agenda item at the meeting. 3.54 The Clerk writes the minutes as a legal record of what was decided at the meeting. The accuracy of the minutes is confirmed and the minutes are signed at the beginning of the next meeting. 3.55 The Clerk, in consultation with the Chair and/or at least two councillors, may make decisions where such decision is required before the next meeting. 3.56 Remember, you have a duty to attend meetings. If you are unable attend a meeting you must contact the Clerk with an apology and explanation. Illness or work commitments are acceptable reasons. If you are unable to attend any meetings for more than six months then, before the end of this period, you must ask OWPC to accept your reason for continued non attendance. If you do not do this then, without the formal council approval, you are disqualified: you cease to be a councillor. That is the law. Services 3.57 OWPC wants to improve the quality of life and the environment for people in the parish. Councils may do almost anything provided they act lawfully (see Good Councillor Guide, Section Five for a list of Powers). Parish councils can offer funding, equipment and premises, to help others provide services. 3.58 The council has a number of assets – see the website for a full list and locations. Two of the principal assets are allotment sites and the burial ground.


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3.59 Allotments: the council administers allotment sites at Gostwick, Plegan Place and Cherry Orton Road. The site at Gostwick is owned by PCC but administered by OWPC. The site at Plegan Place is not ‘owned’ by anyone as it is on Common Land but the council administers it. The council owns the site at Cherry Orton Road. 3.60 Burial ground: the council owns the non-sectarian burial ground at the West end of Plegan Place. Interments at this site are limited to those who were living in the parish when they died or for some who have had a close historic association with the parish. 3.61 A parish council can draw up a Neighbourhood plan which is not the same as and partially supersedes the Local plan compiled by the City Council (see Good Councillor Guide, Section 13 for fuller information). OWPC does not presently have a Neighbourhood plan. 3.62 A parish council can draw up a Parish plan which is a plan for developing the community - not specifically dealing with land use (see Good Councillor Guide, Section 14 for fuller information). OWPC does not presently have a Community plan. 3.63 OWPC receives copies of planning applications and has the right to express its views to the authority. While the city council as the planning authority doesn’t have to agree, it must consider the parish view. 3.64 OWPC recommendations on a planning application must fit with the local development framework (LDF) e.g.the local plan, otherwise they will be ignored. The planning authority must, by law, be guided by the statutory documents in the LDF. The parish council should understand the procedures by which the planning authority makes decisions. Some decisions are made by the authority’s planning committee, while many are delegated to officers. 3.65 Central to the decision making process are material considerations – issues that are, in law, material or relevant to a planning application. Such matters must be taken into account when making a recommendation on a planning application. Material considerations include:

development plan documents in the LDF a site’s planning history (including earlier applications) accessibility, traffic, roads and parking others (neighbours) to enjoy their home without detrimental effect

3.66 Your personal feelings about the application, or the applicant, are not relevant. You are not allowed to discuss a planning matter in which you have a personal/prejudicial interest.


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4. COUNCILLORS

General

4.1 Being a Parish Councillor is not a paid position. Once elected to serve a councillor has duties and obligations which must be fulfilled. The compulsory duties are not onerous but the fact that they exist indicate that this is not a voluntary role. 4.2 Elections are normally held in May every four years. In addition, if a vacancy occurs following an election or between elections, OWPC may co-opt a new member providing there is insufficient demand for a further election. (Note: Co-option – OWPC chooses someone from a list of volunteers) 4.3 Whichever route you have taken to becoming a councillor, once you formally accept the office, it makes no difference; you are councillors working together to serve your community.

4.4 The amount of time you spend on councillor duties is largely up to you. The only obligatory requirement is that you attend a council meeting at least once every 6 months unless the council agrees to a dispensation due to special circumstances. To cover for attendance at full council meetings and committees/working groups/other bodies to which you may have been appointed and to ensure that you have educated yourself upon matters that are being discussed and/or are on the agenda for discussion it is suggested that some 15 hours per month is a reasonable time input. 4.5 As an OWPC member you have a right to a list of the electors in the ward you represent. 4.6 Your task as an OWPC councillor is to bring local issues to the attention of OWPC, and help it make decisions on behalf of the local community. Any decision you make, particularly when there may be a conflict of interests, must be made in an open, unbiased, reasonable way.

Duties

4.7 Following your election or co-option you cannot act as a councillor until you have signed both a formal declaration of acceptance of office and completed the Register of Interests and agreed to abide by the Code of Conduct adopted by OWPC. .


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4.8 You have a duty to act properly as an OWPC councillor. In particular you have a responsibility to:

• attend meetings when summoned to do so; • prepare for meetings by studying the agenda and making sure you are properly informed about issues to be discussed; • take part in meetings and form sound judgements based on what is best for the community – and then to abide by majority decisions; • ensure, with other councillors, that OWPC is properly managed; • represent the whole community; make oneself aware of the views of the community when discussing council business and working with outside bodies;

• if appointed as a OWPC representative on another body ensure that you represent the views of the parish council to that body. • maintain proper standards of behaviour as an elected representative of the parishioners.

Code of Conduct

4.9 The Code of Conduct adopted by OWPC is a legal document that guides you to make sure you maintain proper standards as an OWPC councillor. The essence of the code is that you agree to act openly and honourably in the public interest. You must never use your position to secure personal advantage for you, your family or friends. You must not do anything that brings OWPC into disrepute. The presently adopted Code of Conduct may be read on the website. Register of Interests 4.10 The Register of Interests that you are required to complete within 28 days of election or co-option is primarily concerned with your financial interests. 4.11 Your signed register of interests goes to the Monitoring Officer at the Peterborough City Council and the Clerk keeps a copy of it. Monitoring Officers can also give advice as they oversee the framework for standards in local government called the ethical framework. Interests 4.12 At a council meeting you must declare interests; the agenda gives councillors an opportunity to declare an interest early in a meeting. The register of interests that you have completed is mainly concerned with any direct financial interests you may have however, as a councillor, you must declare a personal interest as soon as you are aware that you, persons that you have close connections with and/or another organization with which you are associated might benefit, more than the majority of parishioners, from the decision arising from the outcome of a discussion.


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4.13 If you declare an interest then the Standing Orders state that you must leave the meeting whilst that matter is discussed. However, you may request dispensation from the Proper Officer (Clerk) to remain in the meeting; this is usually granted. You may also request dispensation to participate in the discussions and vote on the matter. Dispensation is often granted to participate in the discussion so long as your contribution is factual and not opinionated. It is less likely that you will given dispensation to vote on the matter if you have an interest in it. 4.14 In addition, if a member of the public (with knowledge of the relevant facts) thinks that your judgement of the public interest could be prejudiced then they may request that you be precluded from the discussions. The council may then decide that your personal interest becomes a prejudicial interest and you must leave the meeting room for that agenda item; this must be minuted. However, if the council decides that the interest is not prejudicial then they may decide that you can stay in the meeting and whether you may contribute to discussions and whether you may vote (see para 4.13 above). 4.15 When you are deciding whether you need to make a declaration of interest in a matter remember that you are attending parish council meetings as a parish councillor representing the parishioners of Orton Waterville; you are not attending as a representative of any other organization. Remember, the above rules protect your electors, OWPC and you as a councillor. For more information see the Good Councillor’s Guide.

orton waterville parish council · ‘nextdoor’ and from ecops and ‘orton oracle’....

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