Councillors and Officers
4.1 Elected Members and Officers have different, but complementary, roles. Both serve the public. Elected Members are responsible to the electorate, and are elected to represent all people of the Borough. Officers are responsible to the Authority as a whole. They advise the Council and its committees, and carry out the Authority’s work.
They are employed by the Authority, not by individual Elected Members, and it follows that instructions may be given to Officers only through Full Council or Committee decision. Any other system which develops is open to question. A successful relationship between Elected Members and Officers can only be based upon mutual trust, respect and an understanding of each other’s roles and positions. This relationship, and the trust which underpins it, must never be abused or compromised.
4.2 Therefore:
- Individual Elected Members should not give instructions to Officers on planning matters
- Officers’ actions will follow Council policy and Committee decisions
- Political group meetings should not be used to decide how Elected Members should vote on applications and enforcement cases and Members are not mandated on these matters by a political group.
4.3 The Code of Conduct sets out the requirements on Elected Members in undertaking their role as an Elected Member of the Council. It covers issues central to the preservation of an ethical approach to council business, including the need to register and declare interests,but also appropriate relationships with other Elected Members, staff and the public, which will impact on the way in which Elected Members participate in the planning process. Of particular relevance to Elected Members who become involved in making a planning decision is the requirement that;
“Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must disclose and resolve any interests and relationships.
You are also expected to uphold high standards of conduct and show leadership at all times when acting as a councillor. The basis of the planning system is the consideration of private proposals against wider public interests. Much is often at stake in this process, and opposing views are often strongly held by those involved. Whilst Elected Members should take account of these views, they should not favour any person, company, group or locality, nor put themselves in a position where they appear to do so. Elected Members who do not feel that they can act in this way should consider whether they are best suited to serve on a planning committee.
4.4 Officers must always act impartially. The RTPI Code of Conduct says, amongst other things, planners:
- shall not make or subscribe to any statements or reports which are contrary to their own genuine professional opinions;
- shall act with competence, honesty and integrity;
- shall fearlessly and impartially exercise their independent professional judgement to the best of their skill and understanding;
- shall act in a way that encourages equity and inclusion.
These guidelines should apply to all Planning Officers. More detailed guidance and requirements are in the Council's own Code of Conduct for Employees. Through the Local Government and Housing Act 1989 as amended, restrictions are placed on the outside activities of senior staff.
4.5 Impartiality (particularly crucial in highly contentious matters) is re-enforced by requirements in the Code of Conduct. Elected Members are placed under a requirement by the Code to:
- treat others with respect; and
- act in accordance with the local authority’s requirements
4.6 Under the Localism Act, 2011, a Code of Conduct, when viewed as a whole, must be consistent with the following principles;
- Selflessness
- Integrity
- Objectivity
- Accountability
- Openness
- Honesty
- Leadership
In addition, the Code of Conduct requires Election Members to agree that they will on all occasions;
- act with integrity and honesty
- act lawfully
- treat all persons fairly and with respect; and
- lead by example and act in a way that secures public confidence in the role of councillor.
Further more the Code of Conduct requires Members in undertaking their role to:
- impartially exercise their responsibilities in the interests of the local community
- not improperly seek to confer an advantage, or disadvantage, on any person
- avoid conflicts of interest
- exercise reasonable care and diligence; and
- ensure that public resources are used prudently in accordance with my local authority’s requirements and in the public interest
The actions and conduct of Elected Members and Officers should be such as would seem appropriate and above suspicion to an impartial outside observer. Decisions should be taken in the interests of the Borough as a whole, and should not be improperly influenced by any person, company, group or Parish Council. The key is to demonstrate that decisions are taken on the facts alone, without any undue outside pressure.