Officers' advice to the Elected Members
Members are entitled to ask Officers for such advice and information as they reasonably need to help them in discharging their role as a Member of the Council. This can range from general information about some aspect of the Authority’s activities, to a request for specific information on behalf of a constituent.
Similarly the Leader is entitled to receive such advice and support as s/he reasonably requires to enable them to fulfil their role as the political leader of the Authority and the Authority’s principal public spokesperson.
It is important for the Chief Executive, Directors and Assistant Directors to keep Members informed both about the major issues affecting the Authority and about issues affecting the areas s/he represents. Members shall be kept informed about proposals affecting their ward and be invited to Authority initiated events within or affecting their ward. Although issues may affect a single ward, where they have a wider impact, a number of local members will need to be informed.
Advice or information sought by Members should be given in a timely manner. It should be provided by the relevant service provided it is within the service’s resources. Resources are finite and Members should act reasonably in the number and content of the requests they make.
Requests by Members to Officers, which are made outside of normal working hours or to an Officer who is on annual leave will be responded to by Officers within working hours or when they return from annual leave, unless exceptional circumstances apply.
Officers serve the whole Authority and must be politically neutral in their work. In providing advice and support to the Authority’s Committees and Council, and when implementing the lawful decisions of a Committee or Council, it must not be assumed that an Officer is supportive of a particular policy or view or is being other than politically neutral in implementing such decisions. Political neutrality in carrying out their work ensures that Officers are able to act impartially in the best interests of the Authority. Special legal rules exist which limit the political activities of certain Officers.
‘Politically restricted’ posts mean that the Officers in those posts are not allowed to speak or write in such a way that could affect public support for a political party. However they can speak or write in a way which is necessary in order to perform their duties properly.
If Members have any concerns that an Officer is not acting in a politically neutral manner, they should refer their concerns to the Chief Executive or relevant Director, or in the case of the Chief Executive, the Leader. Allegations that an Officer has not acted in a politically neutral way are serious and could be damaging to his/her reputation.
Officers can advise on matters relating to the Authority’s business. However, the Officer may need to tell his or her manager about the discussions, if that is necessary to enable a matter to be properly dealt with. Officers can usually give information confidentially unless doing so would not be in the Authority’s best interests (for example, if it went against their obligation to protect the Authority’s legal or financial position). Any information a Member receives confidentially in one capacity (for example, as a Committee Member) cannot be used when acting in a different capacity (for example, when representing his/her ward). Confidential information can only be given to those entitled to see it. It is best to check with the Officer giving the information whether it is appropriate to pass it on to others.
Members should make sure that when they are getting help and advice from Officers they only ask for information to which they are properly entitled. There is more detail about the information to which Members are entitled below. Members’ rights to inspect documents are contained partly in legislation and partly at common law and are described in the Access to Information Rules contained within the Constitution.
If a Member asks for information or advice relating to the work of a particular service, and it appears likely or possible that the issue could be raised or a question asked at a subsequent meeting on the basis of that information, the Chair of the Committee should be advised about the information provided.
Any Member can seek advice or assistance in confidence from the Chief Officers to address a ward issue.
Officers are required to serve the Authority as a whole. They are responsible to the Chief Officers and not to individual Members whatever office they may hold.