Derbyshire Association of Local Councils Off to a

Derbyshire Association of Local Councils ‘Off to a Flying Start’ New/Refresher Councillor Training June/July 2015 Sarita Presland Chief Officer

What will we cover? • Who we are and what we do • Parish/Town council structure and legal framework • How the council is run and roles of councillors, chair and clerk, and council as employer • Agenda setting, notices, summons and meetings • Powers and Duties • Financial Regulations and Standing Orders • Conduct and Engagement • Risks and Rewards dalc Derbyshire Association of Local Councils

Derbyshire Association of Local Councils • Based in Bakewell • Gives day to day support to member councils • Runs training courses as required • Represents parish and town councils in the County • Has no jurisdiction in internal council disputes • Website • Circulars dalc Derbyshire Association of Local Councils

‘NALC’ What it is, and what does it do? National Association of Local Councils • National body representing parish and town councils • London based • Legal Team • Lobbies government on behalf of local councils • Contributes to National consultations on behalf of sector dalc Derbyshire Association of Local Councils

What is a Parish Council? • First tier of Local Government (not a voluntary body) • Corporate Body – Local Government Act 1972, s 270 • Democratically elected members • Has Statutory Powers, some Duties dalc Derbyshire Association of Local Councils

What does a Parish Council do? • Provides facilities and services for its community • Keeps an eye on services provided by another authority, such as the district or county council dalc Derbyshire Association of Local Councils

Legal Framework • Bound by legislation and MUST work within the powers and duties given to it • Primary Act - 1972 Local Government Act • Powers, Duties, Section 137 and General Power of Competence • Precept • Income dalc Derbyshire Association of Local Councils

Role of Councillors • Have certain responsibilities – attend meetings on time and be prepared • Can initiate ideas/projects, formulate policies, sit on committees • Be involved with, and represent the views, of your community • The rule of “ultre vires” – all decisions are made at a meeting dalc Derbyshire Association of Local Councils

Role of the Chair • Chairs the meeting, and also the Annual Parish Meeting – appointed annually in May • Guides and progresses meeting and encourages all to participate • No specific power or authority • Cannot have delegated authority • Represents the ‘face’ of the parish council • Chair’s allowance Participates, but does not dominate! dalc Derbyshire Association of Local Councils

Role of the Clerk • “Proper” Officer of the Council • Responsible Financial Officer (RFO) • Can be a councillor, but if so cannot be paid • Responsible for ensuring all legal requirements are met – summons/agendas, notices and minutes • Provides advice and administrative support • Has delegated powers • Vital team member • Employee with full employment rights dalc Derbyshire Association of Local Councils

The Parish Council year • Annual Meeting of the Council (May) – Election of chair, setting up committees, reconsidering Standing Orders, Financial Regulations, insurance cover, etc • Scheduled meetings / extraordinary meetings • Budget meeting dalc Derbyshire Association of Local Councils

The Parish Council year • Annual Parish Meeting – Meeting for electors of the parish – Must be held between 1 March and 1 June every year – In a parish where there is a parish council, the parish council will convene and run the meeting – Useful to engage with community – Can have further parish meetings as required dalc Derbyshire Association of Local Councils

Council Meetings • Agenda setting • Notices and Summons • Meetings, Committees, Working Parties …. dalc Derbyshire Association of Local Councils

Council Meetings – the Agenda • Must specify the business to be transacted • Must be signed by the Clerk • Must be dated and delivered to councillors’ usual address, either by email, post, or by hand, at least three clear days before the meeting (the Summons) dalc Derbyshire Association of Local Councils

Council Meetings – what’s on the Agenda • Apologies • Minutes of the last meeting • Declarations of interest • Public participation • Correspondence • Finance • Planning • Items for information • Date of next meeting dalc Derbyshire Association of Local Councils

Council Meetings – Agenda • Matters Arising • Confidential items • Urgent or any other business dalc Derbyshire Association of Local Councils

Council Meetings • Rights of the press and public to speak at council meetings • Rights of district and county councillors, local police etc • Chair’s casting vote • Delegation of powers • Committees, sub-committees, working parties and advisory groups • Filming at meetings dalc Derbyshire Association of Local Councils

Council Meetings - Minutes • Record of decisions made, not verbatim discussion that took place • Confidential minutes • Decision making and resolutions • Style • Planning applications dalc Derbyshire Association of Local Councils

Powers and Duties • Powers • Duties • Section 137 • General Power of Competence dalc Derbyshire Association of Local Councils

Standing Orders • Regulate proceedings and business of the council • Guidelines • The “rules of debate” • Mandatory and discretionary orders • Quorum, place, time, public participation, amongst others • Suspension of Standing Orders • Review of Standing Orders dalc Derbyshire Association of Local Councils

Financial Regulations • What are they? • Reviewing Financial Regulations • Who is responsible for council’s finances? • Loans dalc Derbyshire Association of Local Councils

Financial • Internal auditor • External audit and the Annual Return • Budgets • Finance as a meeting item dalc Derbyshire Association of Local Councils

Risk Assessment • When would you carry out a risk assessment? • Why would you carry out a risk assessment? • How would you carry out a risk assessment? dalc Derbyshire Association of Local Councils

Code of Conduct • What is required of a councillor (seven principles of public life)? • NALC Model Code of Conduct • What are pecuniary interests? • Confidentiality • Applying for a dispensation • What happens if I don’t follow the rules? dalc Derbyshire Association of Local Councils

Engagement with the Community • Why? – To demonstrate you are interested in the views of your community – To reflect their needs and aspirations • How? – – – Public participation at meetings Website Newsletter Public meetings Just talking to people Regularly and when specific problems occur dalc Derbyshire Association of Local Councils

Council as an Employer • Who does the parish council employ? • How is that person(s) line-managed? • Relationship between councillors and employees • Bullying – increasingly common • PAYE dalc Derbyshire Association of Local Councils

• What is it? • What are the criteria? • What benefits does it bring? dalc Derbyshire Association of Local Councils