Policies

Introduction to the role of Chair of the Council – Information

The main rules of law governing the role of the Chair of a parish council are set out in the Local Government Act 1972, principally within Schedule 12, which sets out, for example:

·  that the Chair must preside at a meeting of the parish council if he or she is present and;

·  that it is the person who presided at the meeting who has the responsibility to sign the minutes as a true record.

It is the duty of the Chair “to preserve order, and to take care that the proceedings are conducted in a proper manner, and that the sense of the meeting is properly ascertained with regard to any question which is properly submitted before the meeting”

National Dwellings Society v Sykes (1894)

It is the Chair’s responsibility:

• To determine that the meeting is properly constituted and that a quorum is present
• To inform him/herself as to the business and objects of the meeting
• To preserve order in the conduct of those present
• To confine discussion within the scope of the meeting and reasonable limits to time
• To decide whether proposed motions and amendments are in order
• To formulate for discussion and decision questions which have been moved for the consideration of the meeting
• To decide points of order and other incidental questions which require a decision at the time
• To ascertain the sense of the meeting by:
  • Putting relevant questions to the meeting and taking the vote thereon (and if so minded giving a casting vote)
  • Declaring the result        
  • Causing a ballot to be taken if duly demanded
• To approve the draft of the minutes or other record of proceedings (with the consent of the meeting)
• To adjourn the meeting when circumstances justify or require that course of action
• To declare the meeting closed when its business has been completed 

General:

Council meetings are a traditional and essential component of local government. For both councillors and clerks, meetings serve as a forum for discussion and agreement, planning and monitoring, communication and leadership. Used appropriately, meetings should challenge, inspire, illuminate and inform.

Formal group discussions need focus and direction to stop them becoming just social ‘chit chat’ or a rambling discourse on the state of world affairs. Chairing skills and open debate needs a degree of stewardship, to enable all views to be heard and conclusions to be based on reasoned arguments, consensus or compromise. This is the essential role of the chair/chairman.

Effective chairing is important because it can:

• Provide for clear leadership and direction – ensuring that discussions are held within some framework for debate, ie based on an agreed agenda and adhering to established ground rules, standing orders or protocols for how the business should be conducted.
• Ensure that debates are focused and balanced – involving discussion from all of those who wish to articulate a view, particularly where conflicting viewpoints are being expressed.
• Enable decisions to be reached – allowing participants to agree on the way forward and any further action that needs to be taken, e.g. for the allocation of resources to meet agreed priorities.
• Contribute to group or team working – allowing people to build rapport and contribute to group/committee discussions. This can often help to inform, unite and inspire people.
• Ensure that resources are used to best effect – saving time and energy and allowing information, views and evidence to be gathered in an efficient and timely manner

The Chair must be elected each year.  The maximum term of the Chair is 3 years.  Following which they must step down as Chair and continue (if they so wish) as a Councillor. 

If, in exceptional circumstances there is no suitable alternative candidate to Chair the Parish Council the members can re-elect the incumbent Chair.  However, in these circumstances a plan for succession must be developed as a matter of priority.  (This policy is specific to Wainfleet St Mary Parish Council based on best practice recommendations)

(Standing Orders will need amending)

A Declaration of Acceptance of Office must be signed following the election.

The Chair should be aware of basic Council procedures and know where to find the guidance for any other procedures.

Basic knowledge to include:

Every council must hold a minimum of 4 meetings per year.

One of these must be the Annual Meeting of the Council, which must be held on any day in May (or, in an election year, within 14 days from the day when the new councillors take up office – four days after the elections).

All meetings must be publicly advertised a minimum of 3 clear days in advance (i.e. not counting the day the notice is put up, nor the day of the meeting itself, and allowing 3 clear days in between). More notice is better, and it is safer if you can achieve three clear working days’ notice, rather than just three clear days. (Sundays cannot be counted, neither can Bank Holidays, a day of the Christmas or Easter break or any national days of thanksgiving or mourning).

All councillors must receive a copy of the agenda, as a minimum, also 3 clear days in advance. The agenda does not have to be publicly displayed but it is good practice to do so.

Meetings may not be held on licensed premises unless no other room is available free, or at a reasonable rate.

The press and public have a right to attend meetings but not to speak. They may be excluded from all or part of a meeting if the council decides that “publicity could prejudice the public interest”. This exclusion should be used very sparingly and only for very good reason (see below).

Understanding the role of the Clerk:

The council as a corporate body is the employer of any staff, and staffing matters must be dealt with either by full council, or a committee with delegated responsibility. 

Try to keep up-to-date with any changes that affect local councils – there is always so much going on in the local council world. Try to ensure that other councillors play their full part and recognise their statutory responsibilities.

The Specific responsibilities for the Chair of a meeting include:

• formally open meetings
• consider if there are any procedural obstacles to the meeting proceeding.
• ensuring draft minutes of a previous meeting are approved by the meeting.
• order debate on motions.
• deciding points of order and other incidental questions.
• controlling disorderly or disruptive behaviour at the meeting.
• ensuring the business on the agenda is dealt with.
• exercising their casting vote when votes are tied for the election of the Chair at the annual meeting (mandatory)
• exercise a casting vote when votes are tied in other situations.
• declaring the result of a vote.
• temporarily suspending or adjourning a meeting if necessary.
• closing a meeting after the business has been concluded.

Before the meeting, the Chair will have consulted with the Clerk/RFO before finalising the agenda and this is usually covered in a council's standing orders.  

The Chair must be familiar with standing orders about the formality and duration of contributions from councillors during the debate of a motion.  Even during a heated debate, it is the responsibility of the Chair to ensure that order is kept and that the meeting gets through the business on the agenda in the time allotted.

Councillors and the public present at a meeting are expected to respect the Chair and speakers should address their speech to the Chair at all times and not to other councillors, officers or members of the public who may also be present. 

The role of the Chair - and thus the Vice Chair - of a meeting is to keep order and control the meeting in accordance with standing orders.  A Chair can also exercise a second or casting vote in the event of a tie in votes on any question to be decided at the meeting.   For all other matters the status of a Chair is the same as any other councillor.

Specific to Wainfleet St Mary Parish Council.

• To undertake Chair specific training with LALC or NALC
• To be aware of the allotments workings and tenants
• To be aware of the geographical area and demographics of the Parish.
• To undertake additional learning and training to improve knowledge of Council procedures as part of developing the role of Chair and Vice Chair; and work closely with the Vice Chair to support their learning during their 12 month tenure.
• To understand and participate in Committee/Group Meetings without prejudice. 
• To represent the council at external meetings and events and to ensure the reputation of the council is held to the highest standard and is not brought into disrepute by their own or the actions of others.
• To act in accordance with best practice and the code of conduct in respect of behaviour befitting a councillor.

Chair - Role Profile

Outline of the role of Chair

The Chair is responsible and accountable for all matters relating to WSM Parish Council.  This is both in terms of practical actions and duties undertaken…but also in respect of the reputation of the council and the perception of the public, other organisations, neighbouring councils and others associated with the work of the council. 

The Chair should have an in-depth knowledge of their responsibilities and have undertaken Chair training with LALC or NALC.  

The Chair will have an in-depth understanding of all standing orders and regulation to ensure compliance.  They will also understand how to implement and check compliance with all standing orders, policies and procedures.   If the council is found to be non-complaint in a specific area, the Chair will address this with Council members to ensure speedy rectification.

The Chair will be accountable for all tasks and activities of the council but will produce a delegated authority procedure to ensure that other councillors have their own areas of responsibility and are clear about what is expected of them.  For more complex roles it may be necessary to produce role profiles and terms of reference as guidance for other councillors. 

The Chair will have regular contact with the Vice Chair to ensure that oversight is shared between them, and the business of the parish is carried out with maximum efficiency and effectiveness. 

Additionally, the Chair will ensure that the Vice Chair is fully trained and informed to ‘step in’ as Chair should the need arise. 

The Chair and Vice Chair will be accountable for the conduct of the council.  They will ensure that the council remains unbiased and neutral and can demonstrate that all decisions are made with the best interests of the parish at heart.  They will ensure that all council members act without personal prejudice and make decisions that are neutral and impartial.

The Chair will ensure that all councillors are kept informed and up to date regarding council activity. 

All councillors have agreed to training and development.  The Chair, with support from the Vice Chair will support arrangements, assessments of training needs and identifying gaps in council knowledge and facilitate accessing training collectively and for individual members.  The Chair will also ensure their own training is kept up to date for the role of Chair.

Key Functions of the Role

In order to perform the above role the Chair will need to fulfil the following responsibilities:

1. In consultation with the Vice Chair, decide which areas of council business will be delegated to the Vice Chair and other councillors.  This will be documented and agreed at full council meeting.

2. The Chair will have an active role in designing and agreeing agendas for all relevant meetings in consultation with the Clerk/RFO

3. The Chair will (when required) produce reports for council meetings on the work taking place within the parish 

4. The Chair will ensure that meetings are conducted in an efficient and appropriate manner that encourages contributions from all Councillors.  This should include being cognitive of reaching clear decisions that can practically be implemented in accordance with legislation and the general policies of the Council. 

5. The Chair will maintain awareness of national and local issues pertinent to the Council and its work.

6. The Chair will co-operate in full with the council's scrutiny processes.

7. The Chair will take an active role in ensuring that the Council, Councillors, and the community are kept appropriately informed regarding the work and activities of the Council and any issues that may affect it.

8. The Chair will hold annual meetings with individual councillors to keep under review and assist with agreeing the training and development requirements of the Council.  They will document these meetings for best practice and keep records in line with standing orders.

9. Liaison with other bodies, councils and organisations is a role that will be shared between councillors, by agreement with the Chair.  The Chair will be accountable for positive relationships with external bodies as appropriate to ensure the success of the Council work programme and projects.

10. The Chair must be committed to maintaining knowledge of and acting in accordance with relevant legislation and the council's own constitution and protocols.  This includes a robust approach to decision making, compliance with codes of conduct and ethical governance.  The Chair must maintain good and productive relationships between members, officers and the public.

11. The Chair will oversee any meetings of mediation or disciplinary issues relating to staff, councillors or members of the public.

12. The Chair must always act without prejudice and with impartially and in the best interest of the Council.

Note:     **The Chair will be elected annually for a period of 12 months

              ** The Chair can be re-elected for a total term of 3 years.(except in exceptional

                   circumstances)

**The Chair and Vice Chair will not hold the roles of Chair or Vice Chair of any committees or sub committees of the council.  Thus avoiding conflicts of interest or creating a burden of responsibility that creates risk in the event of absence or illness of the Chair or Vice Chair