Purpose of report
1.
This report asks Council to consider the recommendation of the
Joint Staffing Committee (JSC), and if satisfied, to appoint a
Monitoring Officer (MO) for both the councils. Council is also
asked to approve the appointments of an Electoral Registration
Officer (ERO) and a Returning Officer (RO).
Corporate objectives
2. This
report relates to the discharge of statutory responsibilities which
contribute to all the corporate objectives of the two councils.
Background
3.
As recognised at the recent JSC meeting, and following an extensive
recruitment exercise, both councils need to appoint a new MO.
Details of the preferred candidate will be given at this
meeting.
4.
This report also provides revisions to the councils’
nominated Electoral Registrations Officer and Returning Officer,
which are planned to come into effect with immediate effect.
Appointment of the Monitoring Officer
5.
Under section 5 of the Local Government and Housing Act 1989,
Council is required to appoint one of its officers as its MO. The
MO is a shared role and the postholder works across both councils
(South and Vale). The role of the MO includes such responsibilities
as ensuring the lawfulness and fairness of the councils’
decision making; promoting and maintaining high standards of
conduct; reporting to council on any instances of
maladministration; and reviewing the councils’ Constitution
on an ongoing basis.
6.
Following an extensive recruitment process, the JSC will at its
meeting on 16 July 2024 be invited to appoint a new Head of Legal
and Democratic Services (NB the recommended candidate’s name
will be provided verbally at the Council meetings). As required by
the councils’ officer employment procedure rules and the
Local Authorities (Standing Orders) (England) Regulations 2001, all
members of the cabinets will be informed of the decision to appoint
and given an opportunity to raise any objections.
7.
The job role for the Head of Legal and Democratic Services
includes, subject to Council approval, the statutory function of MO
for both councils. The JSC will be invited to recommend to Vale
Council on 17 July 2024 and South Council on 17 July 2024 to
appoint the successful candidate as the councils’ MO.
8.
It is therefore recommended that Council formally appoints
JSC’s preferred candidate as the councils’ MO with
effect from them taking up their role as the councils’ Head
of Legal and Democratic Services.
9.
It is anticipated they will assume their role in mid-late October.
Vivien Williams, Deputy Head of Legal (Governance), will continue
as the councils’ MO, on an interim basis, until the
recommended candidate takes up their role at which point, subject
to Council approval they will become the substantive Monitoring
Officer replacing the interim arrangements that are currently in
place.
10.The
remuneration for the successful candidate will be as per the
Councils’ agreed pay policy statement which is approved
annually by council and reflects the ongoing collective bargaining
agreement between the council and Unison.
Appointment of Electoral Registration Officer
and Returning Officer
11.In order
to be able to vote in elections, a person’s name must be
included in a register of electors. Responsibility for compiling
the register of electors lies with the Electoral Registration
Officer (ERO). Section 8 of the Representation of the People Act
1983 requires every district council to appoint an officer of the
council to be the ERO.
12.The ERO
has a duty to maintain registers of electors that contain the
details of all those who are registered to vote. The ERO must
publish registers that are as accurate and complete as possible.
The councils must provide the electoral registration officer with
the resources they need to discharge their statutory functions.
13.Council
can approve the appointment of one or more deputy EROs. Unlike a
Returning Officer (RO), the ERO cannot appoint a deputy themselves,
unless the power to do so has been delegated to them by Council. It
is therefore recommended that Susan Baker is re-confirmed as the
Deputy ERO.
14.Section 35
of the Representation of the People Act 1983 requires every
district council to appoint a RO for district and parish council
elections. The role is to ensure that the elections are
administered effectively and that, as a result, the experience of
voters and those standing for election is a positive one.
15.The RO is
personally responsible for the administration of the local
government election including nominations, the provision of polling
stations, the appointment of presiding officers and poll clerks,
management of the postal voting process and the verification and
counting of votes.
16.The duties
of a RO are separate from the duties held by that individual as a
local government officer. A RO is not responsible to the councils
but is a separate legal entity to that of the council which
appointed them and is directly accountable to the courts as an
independent statutory office holder.
17.ROs should
have a working knowledge of the relevant legislation governing the
conduct of the elections. This means that, in addition to having a
clear understanding of the statutory functions, they should have an
overview of what the legislation contains and an understanding of
how it affects the administration of the elections, so that they
can review, question where necessary, and quality-assure the whole
process in their council area.
18.The roles
of ERO and RO are currently held by the Chief Executive which is
the most common (but not universal) practice across the country as
is confirmed in the councils’ current Pay Policy. Although
the law allows a council to appoint different people to the roles
of ERO and RO, it is beneficial for both roles to be undertaken by
the same person because of the close interaction between the two
roles and the reliance on the same staffing resources from an
operational perspective.
Like most chief executives,
Mark Stone has worked closely with electoral registration and
election teams throughout his career and has undertaken various
roles within the administration of elections including as ERO and
RO. Within a South and Vale context, during the electoral period,
he participates in many aspects of the elections due to his role as
Chief Executive and this will continue.The recommendation is to
maintain the separation of the roles of MO and ERO and RO to enable
a degree of independence when both post holders are requested to
provide advice on elections or in relation to council
functions.
19.Steven
Corrigan the Democratic Services Manager has supported the Chief
Executive in their capacity as ERO and RO during several recent
elections, including during elections counts dealing with electoral
agents and candidates on their behalf and meetings with
neighbouring authorities. Therefore, it is recommended that Steven
Corrigan is appointed as the Council’s ERO and RO with
immediate effect. These changes will therefore regularise
these existing electoral arrangements and in turn give the new ERO
and RO the relevant authority to act independently. Council is
invited to appoint Susan Baker, Electoral Services Team Leader, as
Deputy Electoral Registration Officer.
20.Steven
Corrigan has extensive experience and is the Chief
Executive’s recommended appointment for both the Electoral
Registration Officer and Returning Officer.
21.In
separating the roles officers believe this will make clearer the
Chief Executive’s ability to allocate staff to work on
election activities (or indeed any other activities) via the
delegations afforded to them as the Councils Head of Paid Service
and will help prevent any confusion regarding the legislative basis
that staff are being allocated to tasks under.
22.The
appointments of any deputy returning officers are made by the RO
and are not therefore a matter for Council.
23.These
arrangements will be kept under review in the future should the
need of the councils change and/or there are changes in
personnel.
24.There are
no direct climate and ecological impact implications arising from
this report.
Financial Implications
25.The post
of Head of Legal and Democratic is contained within the staffing
budgets of the councils.
26.Both
councils have agreed scales of fees and charges for local
elections, referenda, and polls and these were reviewed before the
council elections in 2023. There are statutory fee scales for
national elections and referendums. National elections are funded
from central government grant and costs associated with the
designated RO post are met from this grant.
27.Full
Council has previously agreed to indemnify the RO for any insurance
‘excess’ and it is proposed that this situation
continues. This would be met from the council’s contingency
budget. This arrangement would cover the personal liability and
insurance position.
Legal Implications
28.Appointing
a permanent MO will fulfil the councils’ duty under section 5
of the Local Government and Housing Act 1989.
29.Appointing
an ERO and a RO will fulfil the councils’ duties under
sections 8 and 35 of the Representation of the People Act 1983.
30.Each year
the councils are required to approve a Pay Policy statement in
accordance with the Localism Act 2011. If agreed, the appointment
of a new RO, will amend the councils’ Pay Policy agreed in
February 2024, and in particular paragraph 18 which noted that the
Chief Executive was the councils’ designated RO and had
waived their right to additional payment for that
activity. This amendment will be reflected in the next
Pay Policy Statement.
31.The
councils have power to agree to indemnify the RO up to the value of
any excess on their insurance for elections, polls, and
referendums.
Risks
32.The
council has a statutory duty to appoint a Monitoring Officer, an
Electoral Registrations Officer, and a Returning Officer. Making
the appointments suggested in this report, including the ongoing
interim arrangements, will ensure that the council meets these
duties throughout whilst mitigating the associated risks of one or
two officers holding multiple key roles. The Electoral Commission
will be informed of the change in the council’s Electoral
Registrations Officer and a Returning Officer.
Conclusion
33.This
report asks Council to appoint a new Monitoring Officer following
the recommendations from the JSC, it is also proposed that the
interim arrangements to cover the MO will continue until the new
post holder is in post.
34.The report
also recommends the appointment of Steven Corrigan as ERO and RO,
and the appointment of Susan Baker as Deputy. It also asks Council
to agree to continue the existing insurance and indemnity
arrangements for these roles.
