Unit 9 - Operation of Local Government Flashcards
Briefly explain the difference between the roles of councillors and officers. As a journalist what type of questions should you direct at councillors and what at officers?
Councillors are the elected members and they are elected to determine policy – they are the politicians. The officers are the full-time officials, appointed by the councillors to run the authority and to advise on policy. They are non-political and will advise all councillors and will not be replaced if there is a change in political control of the council. Policy questions / policy justification to councillors; administrative questions to officers.
As a journalist, you have attended a meeting of your local authority, when a councillor makes an allegation about a local business. You believe that the allegation might be defamatory. Can you safely report it? You have some concern about your shorthand note. Would it be a good idea to approach the councillor after the meeting to ask exactly what was said? What should you do before writing the report?
You can safely report the allegation as you would be covered by qualified privilege, providing your report was fair and accurate and that you were not motivated by malice. In no circumstances should you ask the councillor to repeat the allegation after the meeting as this would no longer be a qualified occasion and it could lead to a defamation action. You MUST seek advice from a senior colleague before writing the story. There is also the question of offering the right of reply.
You have a story concerning the payments available to members of a local authority. Briefly explain the main payments that are likely to be available and who decides how much to pay. Who would you interview in developing such a story?
Basic allowance – a flat rate payment made to all councillors; special responsibility allowance paid to senior members – members of the executive; party leaders; committee chairs, etc. The members of the local authority decide after considering the report of the independent remuneration panel. Interview party leaders, key councillors, determine recommendation of remuneration panel, vox pops, etc.
A concerned member of the public has alleged that a councillor has failed to declare an interest. What does this mean?
Councillors are required to register their interests and if during a meeting there is a conflict of interest they must declare it. If the councillor has a “disclosable pecuniary interest” they must leave the room for discussion on that item and not participate in the discussion or vote.
It is a criminal offence not to declare such interests.
Why are officers’ reports important sources of news for reporters? How can they be used in support of the democratic decision-making process?
Officers’ reports may include recommendations of actions that the council should make or may include factual information – much of which will provide good stories. If it contains recommendations on actions, it is vital in a democracy to advise the public of the decisions that might be reached so they can lobby the councillors to change their mind.
What are the two models of executive style decision-making?
The models are: directly elected executive mayor plus cabinet; executive leader plus cabinet. The Labour Government, the Coalition Government and the current government favour more directly elected executive mayors but the electorate do not.
How does the committee system of decision-making work? Find out which system is used by the local authority where you live.
All local authorities may now use committee style decision making. You should have found out about your local council.
Identify the main disadvantages of executive style decision-making.
Main disadvantages are: secretive (cabinet can meet in secret); divisive (various grades of councillors – executive; committee chairs; backbenchers); ineffective scrutiny (majority party controls executive and scrutiny committee(s); remote decision-making (under 10% of councillors make the decisions).
Briefly, explain the roles of chief executives, mayors, council chairmen, and council leaders.
Chief executive – senior officer, responsible for running the authority and principal adviser to the councillors; mayors – either figureheads who chair meetings and represent the authority or directly elected executive mayors; council chairmen – figureheads, chair meetings, etc.; council leaders – major policy makers, leaders of the majority parties, chair the cabinets.
Outline what councillors are paid and what expenses they may claim.
Councillors receive a basic allowance which may range from £800-£15,000 per year. The local authority may also decide to pay special responsibility allowance, or childcare or dependents’ allowance. Councillors may also claim subsistence and travel allowances when they are outside the local authority area.
How is councillors’ pay decided?
Independent remuneration panels made up of non-councillors recommend:
- amount of basic allowance
- whether duties should attract special responsibility allowance and how much
- whether childcare/dependents’ allowance should be paid and how much
The panels then publish a report. Councillors decide how much to pay themselves and can reject panel’s recommendation if they want.
Why are councillors paid?
If they were not, we would have councillors who do not represent the community.
Where can people find information relating to councillors’ expenses?
Lists of payments to councillors are usually published online. After the payments are decided it is usually reported in the local paper.
When do councillors have qualified privilege and what are the conditions for this?
On certain occasions provided that there is no malice and they honestly believe what is said. The occasions are:
- meetings of executive
- council meetings
- committee and sub-committee meetings
- party group meetings
- meetings between councillors and officers
When do reports of local government meetings have qualified privilege?
Provided that they are fair and accurate, there is no malice, and the right of reply by way of contradiction or explanation is granted if requested.
What rules must councillors abide by?
The councillor code of conduct, which is likely to require councillors:
- to treat people with respect;
- not to bring the name of the council into disrepute;
- to be unbiased and take advice;
- not to breach confidence;
- to register and declare interests
What are all councillors required to declare? Explain.
All councillors must register and declare interests. This will include such matters as who employs them; land / buildings they own; shares (above a certain minimum) they own; gifts (above a certain minimum) that they have received.
As well as completing a list of their interests for the register, councillors also have to declare any “disclosable pecuniary interests” in topics under debate at a council meeting so that they are seen to be taking decisions in the interests of their electorate and not for themselves.
A disclosable pecuniary interest covers:
- employment, office, trade, profession or vocation;
- sponsorship;
- contracts with the relevant authority;
- land;
- licences to occupy land;
- corporate tenancies etc
Under the Localism Act 2011 it is a criminal offence to fail to declare a disclosable pecuniary interest in a topic.
The councillor MUST declare the interest and may have to leave the meeting for the item or may be able to remain in the meeting but not speak or vote or may remain, speak and vote.
Local authorities may set up a standards committee, comprising some non councillors, to give guidance on correct behaviour and actions that may be taken when a councillor is in breach of the council’s own code of conduct but not subject to criminal prosecution.
Outline the role of council officers.
They:
- advise councillors on policy and procedure
- prepare reports for cabinet members and councillors - often include recommendations on decisions
- are responsible for the day-to-day running of departments
Give the names of the titles of officers in local government.
- Chief executive - head of officer branch/principal adviser to council on formulation and implementation of policy (occasionally ‘managing director/clerk’
- Monitoring officer - warns of potential law breaking/breach of conduct
- Treasurer - advises on proposed expenditure and how to finance
- Director of children’s services
- some appoint director of legal studies to advise on law and procedure
In local government, what do standing orders do?
They regulate the conduct of the local authority and how decisions are made. They cover decision-making style, meeting procedure, quorum required, voting procedure, etc.
What are the three main types of council meetings?
- full council meeting - attended by all councillors.
- committee meetings - small no. of councillors, where recommendations are made or items resolved.
- cabinet meetings - meetings of executive, generally majority party members. Major decisions made.
In local government, what are the two main styles of decision-making?
Executive-style and committee-style.
Outline the two models of executive-style decision-making.
Model 1:
A directly elected executive mayor together with a cabinet of two or more councillors appointed by the mayor. The mayor is elected by the electorate for a four-year term using a preferential voting system, where electors put the candidates in order of preference. The mayor is the main policy decision-maker and not just a figurehead.
This is akin to a presidential system where the electorate choose the president who then appoints his or her cabinet.
Model 2:
An executive leader, elected by the authority from within the ranks of the council members, together with a cabinet of two or more councillors, appointed by the leader of the authority.
The leader will normally be the leader of the majority party on the council (the party with over 50% of the councillors). This is like our prime ministerial system in central government. Most authorities chose this model.
Outline the composition and the role of the executive in local government.
The executive is essentially the cabinet.
- never more than 10 councillors
- usu. councillors from majority party/Coalition
- gives specific portfolios (responsibilities) to individual members of executive
- makes decisions either in the cabinet, sub groups of the cabinet, or by individual members of the cabinet.
All decision-making is the responsibility of the executive, unless government regulations prescribe that the full council meeting must make the decisions. With prescribed items, the executive makes recommendations that the full council will either agree or amend.
