Unit 9 - Operation of Local Government

Question 1

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?

Answer 1

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.

Question 2

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?

Answer 2

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.

Question 3

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?

Answer 3

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.

Question 4

A concerned member of the public has alleged that a councillor has failed to declare an interest. What does this mean?

Answer 4

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.

Question 5

Why are officers’ reports important sources of news for reporters? How can they be used in support of the democratic decision-making process?

Answer 5

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.

Question 6

What are the two models of executive style decision-making?

Answer 6

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.

Question 7

How does the committee system of decision-making work? Find out which system is used by the local authority where you live.

Answer 7

All local authorities may now use committee style decision making. You should have found out about your local council.

Question 8

Identify the main disadvantages of executive style decision-making.

Answer 8

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).

Question 9

Briefly, explain the roles of chief executives, mayors, council chairmen, and council leaders.

Answer 9

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.

Question 10

Outline what councillors are paid and what expenses they may claim.

Answer 10

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.

Question 11

How is councillors’ pay decided?

Answer 11

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.

Question 12

Why are councillors paid?

Answer 12

If they were not, we would have councillors who do not represent the community.

Question 13

Where can people find information relating to councillors’ expenses?

Answer 13

Lists of payments to councillors are usually published online. After the payments are decided it is usually reported in the local paper.

Question 14

When do councillors have qualified privilege and what are the conditions for this?

Answer 14

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

Question 15

When do reports of local government meetings have qualified privilege?

Answer 15

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.

Question 16

What rules must councillors abide by?

Answer 16

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

Question 17

What are all councillors required to declare? Explain.

Answer 17

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.

Question 18

Outline the role of council officers.

Answer 18

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

Question 19

Give the names of the titles of officers in local government.

Answer 19

• 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

Question 20

In local government, what do standing orders do?

Answer 20

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.

Question 21

What are the three main types of council meetings?

Answer 21

1. full council meeting - attended by all councillors.
2. committee meetings - small no. of councillors, where recommendations are made or items resolved.
3. cabinet meetings - meetings of executive, generally majority party members. Major decisions made.

Question 22

In local government, what are the two main styles of decision-making?

Answer 22

Executive-style and committee-style.

Question 23

Outline the two models of executive-style decision-making.

Answer 23

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.

Question 24

Outline the composition and the role of the executive in local government.

Answer 24

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.

Question 25

Outline the role of councillors outside the executive in local government.

Answer 25

About 90% of councillors. They:

• scrutinise the executive
• represent the electorate
• approve prescribed functions

Question 26

Outline the role and composition of scrutiny committees in local government.

Answer 26

They:

• Reflect political balance of authority
• May be chaired by councillors from the majority party, minority parties or even co-opted (unelected)members;
• May make reports and recommendations to the executive or the authority on any aspect of council business;
• Review or scrutinise any executive decision before and after they are implemented and recommend that they are reconsidered;
• Review policy;
• Recommend policy development;
• May require members of the executive and officers to attend and give evidence and answer questions.

Question 27

Describe the process of executive-style decision-making.

Answer 27

(draw)

Question 28

What are the advantages and disadvantages of executive-style decision-making?

Answer 28

Advantages:

• efficient - speedy decisions by small group of councillors
• attracts a younger and higher calibre of councillor - more prepared to join organisation that can make speedy decisions
• transparent as identifiable councillors are making decisions
• accountable

Disadvantages:

• secretive - the cabinet can meet in secret
• divisive - elite councillors who are members of the executive, then below them committee chairs and scrutiny committee members, and then majority of councillors
• ineffective scrutiny as the membership of the scrutiny committee(s) reflect the political balance of the authority. This problem can be overcome if there are a number of scrutiny committees, some of which are chaired by councillors from opposition parties. In addition, good coverage and encouragement from the local media, can improve scrutiny.
• remote decision-making - this is particularly the case with large counties that may contain a dozen district councils. The county council may have nearly 80 members and a cabinet of just eight.

Question 29

Outline committee-style decision-making and committee membership.

Answer 29

With this system, councillors from all political parties who have seats on the council participate in the decision-making process, not just those from the majority party. Committees will consist of councillors chosen by their colleagues and will, generally, reflect the political composition of the council as a whole.

Question 30

Outline the role of committees in committee-style decision-making.

Answer 30

Two main roles:

1) to do preparatory work and make recommendations to full council.
2) to make decisions (resolve an item) without referral to full council – known as delegation (delegated powers).
- When a committee is acting under delegated powers it will resolve an item. The decision will merely be reported to full council, where it cannot be changed.
- When it does not have delegated powers it will recommend that certain action be taken.

Question 31

In local government, what is a policy and resources committee? Outline its role and membership.

Answer 31

This committee will decide general policy as well as financial and personnel allocations for the authority.
It plays a key role in the budget process and the setting of the council tax / precept. The membership of this committee usually comprises the chairmen of the other committees and leading opposition councillors. It is usually chaired by the leader of the council. It differs from the cabinet, in that opposition councillors are members and participate in making the major decisions.

Question 32

In committee-style decision-making, outline the role of the full council meeting and when it takes place.

Answer 32

Every six to eight weeks there will be a full council meeting, attended by all councillors. It will be chaired by either the chairman of the local authority or the mayor.

The meeting will:

• accept, amend (change), reject or refer back (send back) the recommendations made by the committees and thereby decide policy.
• accept reports from committees and officers.
• question chairmen of committees.
• give councillors the opportunity to air grievances and views of constituents.
• give councillors the chance to put forward a view which may not have the support of the majority and get it debated.
• set the council tax / precept and approve the budget and borrowing.

Question 33

Outline committee-style decision-making.

Answer 33

(draw)

Question 34

What are the advantages and disadvantages of committee-style decision making in local government?

Answer 34

Advantages:

• Specialisation – by being a member of one or two committees, councillors can specialise and build up knowledge in those areas of the council’s work.
• Efficiency – a small group of councillors can reach a decision more effectively than the whole council.
• Time for thought – the period between the committee making a recommendation and the full council meeting when the recommendation has to be approved, gives time for the original recommendation to be reconsidered and possibly amended at the full council meeting. [This does not happen with resolved items as they are decided in committee.]
• Informal atmosphere – committees are more informal and a better arena for decision-making than the formal, often confrontational council meeting.

Disadvantages:

• Decentralisation of power – power is dispersed between the various committees that have a tendency to become little fiefdoms that the policy and resources committee is unable to control.
• Time wasting / duplication – this is commonplace when most items are discussed both in committee and at full council. The committees often became the arena for councillors to practice their speeches and even their joke or the political jibes, only to repeat them at the full council meeting!
• Unclear who made the decisions – in theory the decisions are made by councillors from all parties since all the decision-making forums are multi party. Yet, we know that in practice, the decisions are usually made by the councillors from the majority who outvote the opposition councillors. Consequently, the debates are often a charade.
• Reduces power / influence of full council – most of the decisions are resolved in committee, so why bother with a council meeting?

Question 35

Outline the role of mayors in local government.

Answer 35

Mayor or lord mayor (royal charter - takes precedence over mayor).

Mayors come in two forms: non-executive (majority) (ceremonial) and directly-elected executive.

Non-exec:

• one-year term, elected by councillors from councillors, recognition of long service to community
• ceremonial role representing authority
• usually chairs full council meetings
• non party political, impartial for the year - do not ask political questions.

Exec:

• elected by people as authority, four-year term
• key policy maker, also ceremonial
• appoints cabinet, allocates portfolios, chairs meetings
• major political role - direct political questions

Question 36

Outline the role of council chairmen and which councils have them.

Answer 36

County councils, district councils, and parish councils. They are elected, in exactly the same way as non-executive (ceremonial) mayors and their role is the same.

Question 37

Outline the role of council leaders.

Answer 37

All local authorities, other than those with directly elected executive mayors, will have leaders. The leader is the leader of the majority party and the political heavyweight.

• The leader will be chairman of the cabinet (or chairman of the policy and resources committee) and will usually “lead from the chair” – laying down the policy that s/he wants the cabinet to adopt.
• The role is a major political one and the leader is a good source of quotes for political / policy stories (balance interview with questions to the leaders of the opposition parties and chairs of scrutiny committees).

Question 38

Outline the role of committee chairmen.

Answer 38

All authorities, even those using executive style decision- making will have some committees and committee chairs.

They are usually members of the majority party.
• They are a good source for political / policy quotes (balance with questions to the opposition members of the committee).
• They have a dual role:
- As politically impartial chairs, they will call speakers; rule on points of order; ensure all sides take part in the debate; represent the committee at full council; etc.
- As a member of the majority party they often “lead” from the chair, laying down the policy they want the committee to adopt.