Tywardreath and Par Parish Council
Rural and coastal parish in south Cornwall
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The Parish Council
Responsibilities
The Council as a Corporate Body
The council is a statutory body so it can only act in accordance with statute. It is an elected body composed of a Chairman and a fixed number of councillors. Its function is to improve the quality of life and the environment for people living within its parish. It is a statutory consultee in matters such as planning applications and Highways issues.
The council raises money by precept to use for the benefit of the community and it has a responsibility to set a budget that allows it to fulfil its statutory duties and exercise its powers. It represents the community, owns assets on behalf of the community and is responsible for the management of these community assets. It must set up procedures to ensure sound financial management of its affairs.
The council must meet annually and on at least three other occasions during the year and may hold as many additional meetings as it pleases. It must elect a Chairman at the Annual Meeting of the Council and must meet in a public place, although not in licensed premises unless no other room is available. It employs a Clerk, who is usually also the RFO, and is required to maintain proper records of its business. It must always operate within the legal framework.
The Chairman
The Chairman must be a member of the council and is elected annually by the council as the first business at the Annual Meeting of the Council. He holds office until a successor is elected. His role is to conduct meetings and ensure they are orderly, to lead and represent the council and to maintain the good public image of the council as the civic leader within the community. He may be paid an allowance to meet the expenses of the office.
The Chairman must always act impartially, ensure full, lawful debate at meetings and prevent unauthorised speaking. He must liaise with the Clerk in the setting of agendas and sign minutes after adoption as a true and correct record. The Chairman must also ensure that the Clerk is aware of all council decisions and monitor that the Clerk is carrying out his role in a satisfactory manner.
The Chairman has a duty to convene the Annual Parish Meeting and may convene an Extraordinary Meeting at any time. He must stand down annually. If present he must preside at meetings and must prevent decisions being taken on matters that are not on the agenda. The Chairman has a casting vote and has a duty to exercise it impartially. He is the proper person to whom notices of resignation should be given.
Councillors
Qualifying citizens may stand for election as a councillor and, if successful, work for the benefit of their community. Ordinary elections are held every 4 years although by-elections can occur in any one of 5 other circumstances and casual vacancies can also occur. Apart from the Chairman and Vice Chairman, councillors retire on the fourth day after an ordinary election and therefore the ordinary term of office for an elected councillor is 4 years. The role of a councillor is to be aware of the area, communicate with residents and ensure the views of the community are put to the relevant persons or bodies.
A councillor must be impartial and accessible to the electorate. He must attend meetings, make decisions in the best interests of the community and use his vote appropriately in the decision-making process. It is also the responsibility of a councillor to safeguard community assets.
A councillor has a duty to make the Declaration of Acceptance of Office, abide by the Code of Conduct and Standing Orders and complete a Register of Interests. A council is a corporate decision-making body and, as a member of it, he must accept collective responsibility for its actions. A councillor is also responsible for ensuring the council’s accounts are well-kept and audited
The Clerk
The Clerk is an employee of the council and its chief executive/proper officer and legal advisor. He is usually, but not always, the Responsible Financial Officer (RFO). The Clerk’s role is not that of a secretarial employee but of a hands-on administrator and he is not answerable to any one member but to the council as a corporate body.
The Clerk must read and understand correspondence and reports and offer unbiased advice to the council. He manages the council’s resources and assets and ensures that the council acts legally at all times. He is responsible for all documents that have been deposited with him and is required to receive and retain such documents in the manner and for the purposes dictated by legislation.
The Clerk’s duties are defined in his contract and include the issuing of summonses, which must be signed and specify the business it is proposed to transact in a way that the member who receives it can identify the matters he will be expected to discuss. He produces agendas in consultation with the Chairman and minutes, which he ensures are accurate and lawful and signed appropriately by the person presiding over the meeting. He is the ‘qualified person’ under the FoI Act, manages the council’s financial records (if RFO) and manages such matters as insurance, staff and payroll.
September 2010
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