Agenda item

REVIEW OF THE MEMBER / OFFICER PROTOCOL

Summary:

 

 

The protocol was last reviewed on 11 October 2017 in response to a specific issue and minor amendments were made.  It is proposed that a full refresh would be beneficial and that the Protocol could be strengthened to reflect and support the other relevant protocols and codes and to reflect best practice.

 

Conclusions:

 

It is almost 4 years since the protocol had a ‘light touch’ refresh and it could benefit from a full review to strengthen certain sections, including ‘media relations’ and to reflect best practice. The CWP reviewed the draft Protocol on 13th April, with amendments to be shared in advance of the meeting.

 

Recommendations:

 

 

 

 

1. That Standards Committee reviews the revised Member / Officer protocol and considers the inclusion of an additional section on expected behaviours in their upcoming review of the Member Code of Conduct.

 

2. That, following any further amendments by Standards Committee, Council approves the revised Member /Officer Protocol.

 

 

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW

(Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere)

 

 

Cabinet Member(s)

 

Ward(s) affected

Contact Officer, telephone number and email:

Emma Denny, Democratic Services Manager, 01263 516010, emma.denny@northnorfolk.gov.uk

 

Minutes:

The DSM introduced the report and informed Members that there had not been a full review for some time, though elements had been reviewed at varying stages. She added that as the Code of Conduct was under review, it was now an appropriate time to review the full Member Officer Protocol, as they were considered together during investigations. It was noted that examples from several authorities had been reviewed as part of the process, and most had been considered more robust than the existing Protocol, which supported the case for improvements. The DSM stated that the new Protocol had strengthened its guidance on the roles of Councillors and Officers, in addition to improvements to the guidance for handling cases of bullying and harassment. She added that the CWP had made minor amendments to the wording which had been highlighted, and it was hoped that the new Protocol would be a more robust document for future use. It was noted that the Media Relations Protocol had been reviewed separately by the Communications Manager, but would be merged back into the main document.

 

Questions and Discussion

 

       i.          Cllr V Gay thanked officers for developing the Protocol and noted that it hadn’t been reviewed for many years. She added that whilst the old Protocol did provide useful guidance, it did not provide a clear statement on the roles and responsibilities of Members and Officers. It was stated that the new Protocol provided clear guidance on these issues, as well as improvements on the Media Relations Protocol in relation to social media. Cllr V Gay stated that the new Protocol would provide clear guidance for Members during the induction process, and throughout their tenure. She added that CWP were happy to recommend its approval.

 

      ii.          Cllr L Shires stated that the new Protocol had been well prepared, and asked for clarification on the extent of consultation with Officers. The DSM replied that she had circulated the new Protocol with CLT and the HR Manager, who had provided feedback on strengthening the guidance on bullying and harassment. She added that it was yet to be shared with wider staff, though if Members were supportive, then it could be shared with the Staff Focus Group to ensure that Officers were aware of the changes and content.

 

     iii.          Cllr A Brown thanked Members of the CWP for their input and noted that the language used was very clear. He referred to section 4.8 on expressions of political opinion, and asked whether these should be restricted to Full Council, or whether these were appropriate at other Committees. Cllr A brown then asked how Members would be kept informed of relevant ward information, and asked if there was a requirement for Officers to notify Members under these circumstances. The DSM replied that both issues had been raised by CWP and noted that the first point on political statements had been included to make Officers aware that it was an important aspect of Member’s roles. She added that some Committees were non-political, such as Overview & Scrutiny and Development Committee, for which there was a separate Protocol that could be referred to. On the matter of ward protocol, it was noted that this was an ongoing issue, and reviewing the Protocol was an opportunity to strengthen this guidance for Officers. She added that there was an expectation for Officers to notify Members of any significant issues in their wards.

 

    iv.          Cllr N Dixon sought clarification on staff consultation and asked whether Officers would have the opportunity to contribute to the working document, if necessary. The DSM replied that if the Committee supported the new Protocol, then she would be happy to share it with Officers, with the opportunity to provide input if necessary. Cllr N Dixon referred to the guidance on political statements at Committee meetings, and suggested that excluding Full Council, he would encourage further strengthening of this guidance. He added that ward protocol remained an important issue, and it was crucial for Members to be kept informed of all relevant information. Cllr N Dixon referred to point 11.2 and noted that there was a reference to Chief Officers, and asked whether there was a reason for this wording. The DSM replied that this was in the Media Protocol, and suggested that it could refer more widely to senior officers, though she would seek clarification and amend if necessary.

 

      v.          Cllr G Perry-Warnes stated that she agreed with comments discouraging political statements at Committee meetings, then referred to the guidance on ward protocol and asked whether this included Cabinet Members. The DSM replied that it would apply across all Members, if anyone was aware of an issue that had arisen in someone else’s ward. Cllr L Shires replied that she was unsure of the level of communication that took place between Officers and other Cabinet Members, and suggested that this issue could benefit from clarification. The DSM replied that the guidance mainly referred to issues that crossed ward boundaries, and sought to encourage communication between Members on these issues. She added that Officers were also expected to inform Members of any issues relating to specific Member’s wards.

 

    vi.          Cllr A Brown referred to the Officers identified in section 11.2 and suggested that amendments could be considered to make the document more consistent,  as written in 11.1. The DSM replied that she would amend the wording subject to the agreement of the HR Manager.

 

   vii.          Cllr G Perry-Warnes stated that she would appreciate the guidance on ward protocol being amended, to require Cabinet Members and Officers to update Members on all issues within their ward. The Chairman supported the suggestion and said that he had also had issues within his ward that he had not been informed of.

 

  viii.          Cllr L Shires referred to her Mental Health Champion role and stated that where possible, she had shared information to help individuals subject to their permission, though this was not routine.

 

    ix.          Cllr V Gay stated that she did try to contact the relevant ward Member when specific issues arose, though this was not always possible.

 

      x.          On the understanding that the Committee’s comments would be given consideration for amendments, the recommendations were proposed by Cllr L Shires and seconded by Cllr A Brown.

 

RESOLVED

 

1. That Standards Committee reviews the revised Member / Officer protocol and considers the inclusion of an additional section on expected behaviours in their upcoming review of the Member Code of Conduct.

 

2. That, following any further amendments by Standards Committee, Council approves the revised Member /Officer Protocol.

 

 

 

Supporting documents: