Constitution Part 5 - Protocol on Elected Member/ Officer relations

Roles of Officers

The Council’s Senior Management Team (set out in Parts 3 and 8 of the Constitution) will: 

  • i) Provide professional, impartial advice to the Council and all of its constituent bodies as set out in Part 3 of the Constitution and subject to the Access to Information Procedure Rules in Part 4 of the Constitution.
  • ii) Report to the Council or any of its constituent bodies on any matter judged to be in the Council’s interests.
  • iii) Undertake day to day and operational management of the services and functions for which the Council has given them responsibility and take any other decisions as allocated in this Constitution. 
  • iv) Determine when the Constitution requires decisions to be taken by Elected Members and refer matters as required.
  • v) Exercise the statutory responsibilities placed upon statutory and Proper Officers where the post held includes such responsibilities.
  • vi) Provide informal support and assistance to Elected Members within the scope of legislative requirements and this protocol.
  • vii) Determine the detailed arrangements which will apply within their Departments for the provision of advice and support to Elected Members by other Officers.
  • viii) Authorise other Officers within their management control to act on their behalf as appropriate.
  • ix) Respect the role that all Elected Members play within the Council with particular consideration for the roles of the Leader, Ceremonial Mayor and Chairs of Committees.
  • x) In all matters, Officers will give advice in accordance with their professional expertise and any relevant professional codes of conduct. Officers will not be required to reduce options, withhold information, or make recommendations which they cannot professionally support, to any body of the Council.
  • xi) Initiate proposals for policy development and implement the Authority’s policies.  
  • xii) Ensure the Authority acts lawfully.
  • xiii) Represent the Authority on external organisations.  

Officers have a statutory responsibility to undertake day-to-day decision making and operational management of services within their area of responsibility. They also have additional decision making powers as set out in the delegation scheme contained in Part 3 of the Constitution. Officers are able to provide informal support and assistance to all Elected Members. However both legislation and the Council’s protocol place some limit on the support which may be provided, in order to take account of matters such as resource limitations and confidentiality issues. These limits are dealt with further in the following sections and elsewhere in the Constitution, particularly in Part 4 - Rules of Procedure.