c. Roles and responsibilities

S.112, Local Government Act 1972 requires councils to employ such officers (staff) as it considers necessary to carry out its functions and responsibilities. In many small councils the sole employee will be the Clerk to the Council, who will be the 'Proper Officer' for many of its functions.  

S.151 requires councils to appoint an officer to be responsible for its financial affairs, known as the Responsible Financial Officer (RFO). Often this responsibility will sit with the Clerk, but some councils choose to employ a separate RFO.

Whilst a council functions and acts as a corporate body, broadly speaking the members make decisions and the officers implement them. There are of course distinct areas of responsibility for each role.

S.101 does allow councils to delegate functions to a committee, sub-committee or an officer. It does NOT permit individual councillors to make decisions.

Councillors

The members have been elected (or co-opted) to represent the community regarding local services and issues. Councillors hold office and are not 'volunteers' in the truest sense. They must declare acceptance of office in writing at or before the first meeting (or at a later meeting agreed by the Council), and must register their interests within 28 days of taking office.

Members are expected to attend meetings and to contribute to the debate and decision-making by the council. If a councillor fails to attend meetings for a period of six months from their last attendance, or absence approved by the Council, they will automatically vacate office, and a casual vacancy is created.

Under s.112(5), Local Government Act 1972 a member of a council can be appointed as an officer but cannot be remunerated. This is sometimes utilised if a council has an unfilled vacancy, or other temporary situation.
Paragraph 5.11 of the Accountability & Governance Practitioners' Guide says that the Chai of the Council should never be appointed as the Clerk or RFO, even on a short-term basis.

Chair of Council
A council must have a 'Chair' of the Council, who may be known as a Mayor in a town council. They must be elected by members as the first item of business at its Annual Meeting, or at other times if vacancies occur (see also 'Chair' category in Model Council). 

If present at a meeting of the Council, the Chair MUST preside. Their main responsibility is to ensure that meetings are held in a democratic and lawful fashion, and to encourage inclusive participation by councillors.

The Chair has no additional powers, other than being able to use a casting vote in the event of a tied vote, and to convene an extraordinary meeting if required. They can also call a parish meeting, at which they again must preside if present.

 
A Chair may be more involved in civic/local events than other members, or have other responsibilities and can be paid a reasonable allowance for this purpose. 

The Clerk

The Clerk to the Council should be a paid employee, with full employment rights.

They will be the authority’s ‘proper officer’ and will often also be its ‘responsible financial officer’. 

They will normally be responsible for executing decisions made by the Council, but may under s.101, Local Government Act 1972 have functions/decision-making devolved to them, which must be by formal resolution of the Council. 

Certain decisions made on behalf of the council following delegation by the Clerk (or any officer) must be recorded (Reg. 7, Openness Local Government Bodies Regulations, 2014). These would include decisions leading to award of a contract or licence, or affect someone's legal rights for example (NALC have issued an advice note on their website - Local councils' powers to discharge their functions).  [To access the NALC website you will need to set up an individual account (SALC members only).  Video guidance on how to do this is available here - https://www.youtube.com/watch?v=zapNDmP8jjY]

Duties include signing the summons to councillors to attend meetings, which must also set out the agenda and be posted or delivered at least three clear days in advance of the meeting. The Clerk is also responsible for placing notice of the time and place of an intended meeting in a conspicuous place in the parish.

 
Clerks are responsible for managing staff and assets, and maintaining communication with parishioners and agencies, including dealing with correspondence.

The Clerk serves the council and is not answerable to the Chairman or individual councillors. Clerks provide advice on law and procedures, and should otherwise be neutral during meetings.

They must declare if they have any direct, or indirect, pecuniary interest in an existing or proposed contract with the Council. 

Responsible Financial Officer RFO)

The council has collective responsibility for the proper use of public funds but s.151 requires councils to appoint an officer to be responsible for its financial affairs.

The RFO must ensure that the council adopts effective internal control and financial accounting systems, and must report all financial activity as clearly as possible on a regular basis to help avoid the risk of loss, fraud or bad debt. Robust financial checks and oversight are of great importance and the RFO must supply regular and easy-to-understand reports to the council.