About the Council
When the original Cowbridge prison, erected after the Houses of Parliament granted permission in 1576, was in need of repair a new House of Correction was built on the same site by the East Gate in 1806. This prison was only in use until 1829 when new facilities were built in Swansea. By this time the medieval Guild Hall situated in the centre of the High Street was restricting transport through this busy market town so it was decided to demolish it and the Burgesses purchased, by public subscription, the House of Correction to use as the Town Hall in 1830.
Today it is the administrative offices of the Town Council, the two main halls are used by the community and the original cells of the House of Correction contain the Cowbridge Museum which is open to the public.
This historic building still retains many interesting features. The Mayor’s Parlour contains the well which was used to supply male prisoners with water. The Council Chamber has a facsimile of the 1421 Charter, an oil painting of the Cowbridge Seal used from 1762 to 1887, a copy of the Grant of Arms of 1888 and boards listing past Mayors, Town Clerks and Honorary Freemen.
Queen Victoria granted the last Royal Charter in 1886 which allowed the people of Cowbridge to elect their own Councillors and Mayor. Many old boroughs lost this right due to government reorganisation in 1974 but Cowbridge was granted permission to retain this office but lost its right to grant the Honorary Freedom of Cowbridge.
The Mayor’s chain and pendant were presented by the first elected Mayor, Alderman Thomas Rees, in 1887. The Mayoress has a lighter more delicate chain and pendant. Since the amalgamation of Cowbridge Town Council with Llanblethian Community Council in 1982 the Deputy Mayor wears the chain and pendant of the Chairman of Llanblethian Council and the Deputy Mayoress wears the Deputy Mayor’s pendant on a simple ribbon.
The silver maces are inscribed Cowbridge Villa 1606 and bear the Royal Coat of Arms. They are carried by two Mace-Bearers who accompany the Mayor on all ceremonial occasions.
The Chief Officer
The Chief Officer is employed by the council, under section 112 (1) of the Local Government Act 1972, to provide administrative support for the council’s activities. Any other staff, although employed by the council, answer to the Chief Officer who is their manager and is responsible for their performance.
The Chief Officer’s primary responsibility is to advise the council on whether its decisions are lawful and to recommend ways in which decisions can be implemented. To help with this, the Chief Officer can be asked to research topics of concern to the council and provide unbiased information to help the council make appropriate choices.
The Chief Officer has a wide range of other responsibilities which are set out in his/her job description. The Chief Officer must recognize that the council is responsible for all decisions and that he/she takes instructions from the council as a body. The Chief Officer is not answerable to any individual councillor – not even the Mayor.
The Council must be confident that the Chief Officer is, at all times, independent, objective, and professional.
‘Proper officer’ is a title used in statute. It refers to the appropriate officer for the relevant function. In town and parish councils, the proper officer is normally the Chief Officer . In financial matters, the proper officer is known as the Responsible Financial Officer.
Roles and Responsibilities of the Chief Officer
The town council Chief Officer is the ‘engine’ of an effective town council. He or she is its principal executive and adviser and is often also the officer responsible for the administration of its financial affairs. The Chief is sometimes a council’s only employee.
The Chief Officer is required to give clear guidance to Councillors, including the Mayor, before decisions are reached, even when that guidance may be unpalatable. The Chief Officer has a key role in advising the council, and Councillors, on governance, ethical and procedural matters. They must also liaise with the Monitoring Officer at the district/unitary council on ethical issues and the Councillors’ Register of Interests.
Some larger councils employ a range of administration and support staff and the Chief Officer is responsible for advising the council on staffing provision and managing the recruitment process.
The Chief Officer to the Council will be the Proper Officer of the Council and as such is under a statutory duty to carry out all the functions, and in particular to serve or issue all the notifications required by law of a local authority’s Proper Officer. The Chief Officer will be totally responsible for ensuring that the instructions of the Council in connection with its function as a Local Authority are carried out. The Chief Officer is expected to advise the Council on, and assist in the formation of, overall policies to be followed in respect of the Authority’s activities and in particular to produce all the information required for making effective decisions and to implement constructively all decisions. They will be accountable to the Council for the effective management of all its resources. The Chief Officer may also be the Responsible Financial Officer and responsible for all financial records of the Council and the careful administration of its finances.
The post of the Chief Officer should be seen as analogous to that of the Chief Executive in a County or District Council. A local authority operation consists of policy-making and decisions, and administration. The Chief Executive is head of the administration and therefore responsible for all the work that is carried out within that function. Clearly there are differences in scale; however, the Chief Officer is also solely responsible for the administration of that Council and, taking into account that he/she is often the sole employee at Officer level, has within his/her sphere a more immediate and arguably much wider responsibility in relation to the organization than his/her counterpart at County or District Council level.
It is the duty of the Chief Officer as the Proper Officer to assist Members of the Council on matters of fact and law. Councillors (even where it is contrary to their personal wishes or expectations) should take fully into account the advice and guidance given by the Chief Officer on the existence and applicability of the relevant facts or the law. Councillors should then seek means to make their policy decisions taking into account such guidance. Councillors should also accept as a fact that it is the duty of the Chief Officer to minute any situation in which the advice given has not been heeded.
Councils should remind themselves that the Chief Officer’s role is wide-ranging. It might well embrace the following, or more:
- OFFICE MANAGER
- LEGAL OFFICER
- FINANCIAL ADMINISTRATOR
- ACCOUNTANT
- PURCHASING & SUPPLY OFFICER
- PUBLIC RELATIONS OFFICER
- LIAISON OFFICER WITH OTHER AUTHORITIES & BODIES
- RESEARCHER/CREATIVE WRITER
- PUBLISHER & EDITOR
- IT MANAGER/ WEBMASTER
- EMPLOYEE SUPERVISOR/ HR MANAGER
- TRAINING OFFICER
- PROPERTY MANAGER
- PROJECT MANAGER
- BURIAL AUTHORITY OFFICER
- VENUE MANAGER
- COMMITTEE SECRETARY
- CONFERENCE/SEMINAR ORGANIZER, etc.
A Council should not consider the Chief Officer to be “simply” secretary/clerk but instead a hands-on multi-skilled manager.
THE MAYOR:
- Holds a statutory post defined in law
- Is a member of the Council and is elected annually
- Has the authority at meetings and must be obeyed when issuing lawful direction or direction in line with Standing Orders
- Is the interface between the public and Council
- The one to welcome speakers and make them ‘feel at home’
- Is to make sure the decision is clear for the Chief Officer to act upon
The Mayor should:
- Know that the agenda was put up in time and be familiar with business to be covered
- Arrive in good time, adequately briefed and with all the necessary papers in correct order
- Ensure the meeting is quorate
- Start the meeting on time by declaring it open, and end it by clearly stating it closed and the time it ended
- Know that he/she has no more statutory power than any other Councillor except that of the casting vote
- Ensure that all points of view have a clear hearing
- Keep the discussion to the point, and that it is relevant and ensure the Council deals with clear issues
- Ensure the Council/committee acts only within its terms of reference and/or legal powers and functions
- Ensure compliance with standing orders, financial regulations, Council policies, etc.
- To ensure that where and when appropriate and allowable the Council takes a vote to exclude the public and press from Council meetings
- Understand the principles of debate and voting (see Standing Orders and Good Councillor Guide)
- Remain impartial and not ‘guide’ Councillors to his/her desired decision
- Ideally not allow the meeting to continue for more than 2 hours without a break (depending on Standing Orders)
- Create an atmosphere which encourages participation
- Be in control of the meeting
- Know that he/she cannot be a committee of one (Hillingdon Case Law)
- Respect and understand the role of the Chief Officer/RFO and other officers, and ensure that employment issues (e.g. performance, disciplinary matters) are only raised in Council meetings when appropriate and in line with Council policy and employment law
- Co-operate with officers and Councillors
- Act as a representative of the Council at civic or local events
The Mayor on his own has no power to make decisions without the Resolution of the Council.
The Mayor cannot decide which items should appear on the agenda for meetings. The Chief Officer is responsible for the agenda, apart from Extraordinary Meetings. Normal practice would be for the Chief Officer to consult with the Mayor when drawing up the agenda to ensure that appropriate and necessary items are added.
The Mayor should not involve himself in the day-to-day administration of the Council, but can be a point of reference for officers if agreed by Council.
Handling Public Disturbances at a Meeting:
No one is entitled to interrupt or obstruct the proceedings of the Council or its committees. The Mayor should never argue or allow argument with an interrupter. If the public becomes disorderly it may eventually be necessary to close the meeting or adjourn to a more private place. It is, however, illegal to decide to exclude the public from any future meeting. The press is in a privileged position inasmuch as its representatives must so far as possible be given facilities for taking their reports.
THE TOWN COUNCIL AND ITS COUNCILLORS
Town Councillors are elected by the electors of the town, under section 16 (2) of the Local Government Act 1972, every four years. A councillor may also be returned by bye-election, co-option, appointment by the district council, or by return after a successful election petition. All Councillors are required to complete a declaration of Acceptance of Office and to provide a written undertaking that they accept the Council’s Code of Conduct.
Individual councillors work together to serve the community and to help the Council make decisions on behalf of the local community. Councillors contribute to the work of the council by suggesting ideas, engaging in constructive debate, and by responding to the needs and views of the community representing their constituents. Councillors comment on proposals to ensure the best outcome and vote to enable the council to make decisions. Councillors must accept the decisions of the Council as a whole even if they do not agree with it. In such circumstances, a Councillor may ask for a vote against a resolution to be recorded. Councillors are required to behave in an ethical way and to declare an interest when necessary.
The Mayor is elected by the members of the Council at the Annual Council meeting and serves for twelve months under Section 15 (1) of the Local Government Act 1972. The Mayor’s main role is to run council meetings.
The Mayor is responsible for ensuring that effective and lawful decisions are taken at meetings of the council and, assisted by the Chief Officer, guides activities by managing the meetings of the council. The Mayor is responsible for involving all councillors in discussion and ensuring that councillors keep to the point. The Mayor summarizes the debate and facilitates the making of clear resolutions and is responsible for keeping discussions moving so that