Little Baddow Parish Council
About the Parish Council
In law the Parish Council is a single corporate body and the decisions made are that of the Parish Council as a whole. The Parish Council is responsible for services that it provides, establishing policies for necessary action in terms of how money will be raised and how the money will be spent. The Parish Council is responsible for ensuring that the money is spent lawfully and achieving best value for money.
The Parish Council represents the whole community, and although sections of the community may have different interests, the Parish Council’s duty is to serve them all. The Parish Council has to balance the needs of the various sections, and has the difficult task on occasions determining a course of action.
The Parish Council as a body decides as to whether it should work in partnership with other organisations and Parish Councilor’s often serve as representatives within those organisations. However a Chairman or individual Parish Councillor cannot make a decision on behalf of the Parish Council and when working in partnership Parish Councilor’s have to be aware that they represent the Parish Council as a Corporate Body. The Chairman assisted by the Clerk guides the activities of the Parish Council by the management of the Parish Council meeting. Except in certain circumstances (Public Bodies (Admission to Meetings) Act 1960) Parish Council meetings are opened to the public.
The Chairman
The Chairman is elected each year by the Members of the Parish Council at the Annual Meeting and serves for twelve months. The Chairman is responsible for ensuring that effective and lawful decisions at taken at Parish Council meetings. Although the Chairman can suggest the content and design of the Agenda, the Clerk as the legal signatory has the final say.
The Chairman should ensure that all Parish Councillors who wish to be involved in a discussion have the opportunity to do so, but should ensure that the Parish Councillors keep to the point. The Chairman at the conclusion of the discussion should summarise the debate and makes it clear on the resolution to be agreed and in so doing works closely with the Clerk to ensure that a lawful decision is made.
The Chairman has the responsibility to ensure that the meeting is kept moving so that the meeting is not to long.
The Chairman has a casting vote, his first vote being his own personal view, and if the vote is tied he has a second, a casting vote. The Chairman often speaks on behalf of the Parish Council and has to remember that his views must be that of the Parish Council and not his personal views.
The Chairman cannot legally make a decision on behalf of the Parish Council
Parish Councillors as Individuals
Parish Councillors are elected by electors of the parish and manage a small, medium or large enterprise depending on the resources available, and the level of activity that the Parish Council has to carry out. All Parish Councillors are required to complete a declaration of office and to provide a written undertaking that they accept the Parish Councils Code of Conduct.
Parish Councillors are involved in the statutory fixing of a budget, and the monitoring of the budget as the financial year progresses. Individual Parish Councillors work together to serve the community and to help to ensure that the wishes of the Parish Council are carried out. Parish Councillors represent the Parish Council at public meetings and work closely with their local community to ensure that their wishes are carried out as far as possible. Parish Councillors should consider implementing new initiatives and in so doing taking into account the wishes of the electorate. In tackling this aspect they should also take into account the wider interests of the local community, the interest of other parishes, and the strategies of the District Parish Council should be considered.
Parish Councillors must accept the decision of the Parish Council as a whole even if they do not agree with it. Parish Councillors are required to act in an ethical way and to declare an interest when necessary.
The Clerk
The Clerk is employed by the Parish Council to provide administrative support for the Parish Council’s activities.
The Clerk’s primary responsibility is to advise the Parish Council as to whether its decisions are lawful and to suggest ways in which their decisions can be implemented. On occasions the Clerk will be asked to research topics of concern to the Parish Council and provide unbiased information to help the Parish Council to come to a decision. The Clerk has in addition a wide range of other responsibilities.
The Clerk has to recognize that the Parish Council is responsible for all decisions and that the Clerk takes instructions from the Parish Council as a body. The Clerk is not answerable to either the Chairman or individual Parish Councillor. The Chairman must however have complete trust in the Clerk, and the ability to be independent, objective and professional.
Proper Officer is a statutory title and it refers to the appropriate officer for a relevant function. In parish councils the proper officer is normally the Clerk. In financial terms the proper officer is also known as the Responsible Financial Officer.
Essex Association of Local Councils