4.7 Relations with council officers
The Code states that you must not undermine any individual officer or group of officers, or raise concerns about their performance, conduct or capability in public. As a councillor you are entitled to scrutinise the effective delivery of services. You should be careful, however, not to make public statements that expressly or by implication criticise the actions or inaction of an identifiable individual officer or group of officers (including where individuals in that group are, or could be, identifiable).
You should note that the concept of a public statement is wide. It can include the published minutes of a meeting, a comment on social media, or remarks overheard in a public area such as a corridor or tearoom. Mutual respect and courtesy between councillors and those who work for, or on behalf of, your Council is essential, as this helps to ensure that local government runs efficiently and effectively.
The Code further provides that you must not take, or seek to take, unfair advantage of your position as a councillor in your dealings with officers. You should be mindful that you hold a position of inherent power and influence over officers, particularly more junior officers who may not be used to dealing directly with elected members.
The Code also provides that you must not bring undue influence to bear on officers to take a particular action. You must not ask or direct an officer to do something that you know, or should reasonably know, could compromise them or prevent them from undertaking their duties properly.
You have a right to receive good-quality information from officers on which to base your decisions and undertake your scrutiny role. If you believe that you are not receiving the information you need to make an informed decision, you should raise this with an appropriate senior officer, such as the relevant Head of Service. You should note, however, that although you may ask officers for information, this does not mean you have a right to receive it, or you can demand that it be provided. When seeking information, you must do so in a courteous and respectful manner.
The Improvement Service and Standards Commission have produced a joint Briefing Note on Right of Access to Information Held by the Council.
Activity 5 Relations with council officers
a.
Yes
b.
No
The correct answer is a.
Discussion
You have a right to high-quality information and to scrutinise the report and proposal. There is no reason why you cannot challenge the adequacy of the report and its conclusions. You are entitled to seek further information and propose that further assessment of risk is undertaken. You cannot, however, demand that the contents of the report or its recommendations are changed.
a.
Yes
b.
No
The correct answer is a.
Discussion
You can challenge the report and raise concerns about the extent of the risk assessment but you should take care not to do so in a personal or offensive manner. You should consider both what you are expressing and how you are expressing it, including how your conduct may be perceived. You should be able to undertake a scrutiny role, represent the public and any constituents or stakeholders, and make a political point in a respectful, courteous and appropriate manner, without resorting to personal attacks or being offensive, abusive or unduly disruptive.
a.
Yes
b.
No
The correct answer is b.
Discussion
You cannot criticise the conduct, performance or capability of an identifiable officer in public, including the report’s author. If you have concerns, you should raise them privately with the officer’s line manager or a senior officer, as appropriate.
You should be aware of the potential impact of what you say at a meeting, especially if the officer concerned is not senior. For example, it would be more helpful to say:
‘I consider there is insufficient information to enable me to consider the risks fully. Can more analysis be provided?’
Rather than:
‘This report is rubbish! You obviously have no idea how to analyse risk.’
a.
Yes
b.
No
The correct answer is b.
Discussion
When providing feedback you should be mindful of the requirement to avoid inappropriate involvement in operational matters. Persistent or voluminous emails should be avoided, as should emails with a directive tone. Regardless of any previous experience you may have, you cannot take part in preparing any assessment unless officers expressly invite you to do so.
a.
Encourage them to raise concerns about the officer’s conduct at the meeting so that the issue is addressed publicly.
b.
Suggest they meet privately with the officer or Chief Executive before the meeting to discuss their concerns.
c.
Advise them to highlight the problem by making a robust public statement criticising the officer’s failure to consult.
d.
Tell them to refuse to engage with officers until the decision is reversed.
The correct answer is b.
Discussion
You should consider the following:
- Whether your colleague has sought information about how and why the decision was taken. Councillors have a right to good-quality information to support their scrutiny role.
- While you have responsibilities to your constituents, you are also a member of the Council and must act in its interests as a whole.
- When and how any concerns are raised. If you or your colleague has concerns about an officer’s conduct or performance, these should be raised privately with their line manager or the Chief Executive.
- Whether the decision is operational in nature. If it was made within the Scheme of Delegation and in line with relevant policies and procedures, criticising the officer’s conduct may be unfair. In such cases, concerns may be better directed towards the underlying policies or strategies.
- How your actions could be perceived, including their potential impact on the officer. You must avoid behaviour that could reasonably be viewed as disrespectful or as harassment, discrimination, victimisation or bullying. If so, you risk breaching the Code.
4.6 Social media
