Kent and Medway Fire and Rescue Authority Convention of Member/Officer relations

1. Scope of the Convention

1.1    This convention deals with the working relationships between Members (both as individuals and collectively within their political groups) and the officers of the Authority, and has been agreed by the Authority to ensure the smooth running of its processes. In general, in their working relationships with each other, both Members and officers are required to abide by their respective Codes of Conduct, and this Convention is intended to be consistent with those Codes.

2. Titles

2.1    “Group” refers to the political party groups (Conservative, Labour, Liberal Democrat, etc, and comprising two or more Members) on the Authority notified to the Clerk to the Authority under Section 15 of the Local Government and Housing Act 1989 and “party group leaders” refers to the leader of each of these groups.

2.2    “Spokesmen” are Members appointed by those groups and notified to the Clerk to the Authority to act on behalf of the Group in relation to the business of any particular Committee.

2.3    “Chair” are the Members elected as Chair and Vice-Chair by each Committee.

2.4    “Committee” includes Sub-Committee.

2.5    “Chief Executive”, “Clerk” and “Treasurer” includes officers deputed to represent officers at Committee meetings.

3. Briefings

3.1    This convention is based on the principle that officers’ duty is to all Members   of      the Authority as a single corporate body. Officers are therefore required to provide information, offer advice and give assistance in the formulation of policy proposals impartially to all political party groups which seek such information, advice and assistance. In relation to the formulation of policy and strategy proposals neither Members nor  officers  should  assume  that  the  participants  in  any  such  discussion  are  supportive  of  the  proposals  merely  because  they  have participated or assisted in their formulation. Officers also have to recognise the position of Chair and the need to work with them to facilitate the discharge of the Authority’s functions and the delivery of services.
3.2    Briefings of Members by officers will occur both within the Committee process and outside it.
Formal - Within the Committee Framework
3.3    Prior to the dispatch of each Authority or Committee agenda, the Chair  and Vice- Chair of that body will be briefed by the Chief Executive and the Clerk or their nominated representatives. The content of the agenda will be discussed during that briefing and, subject both to the Chief Executive’s right to include an item on an agenda and to the right of any Member of the Authority to place an item on an   agenda under Standing Order 2.18, will, so far as possible, be agreed with the Chair.
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3.4    Group spokesmen will, if they so request, be informed of items likely to be included on a forthcoming agenda once the Clerk is reasonably confident of these.

3.5    Following the publication of the agenda and reports for an Authority or committee meeting, the group spokesmen on that body will, if they so request, be briefed by officers on the papers.

3.6    Any proposal by the Chief Executive, Clerk or Treasurer to include an urgent item on an agenda shall be the subject of consultation with the Chair.

3.7    From time to time it will be necessary for the Chief Executive to take decisions on specific or urgent issues which are outside normal delegations, between meetings of the Authority or Committees after consulting the  Chair  of  the  Authority.  The  outcome of any such consultation shall be reported at the next meeting of the  Authority or Committee concerned.

Informal Briefings Outside the Committee Framework

3.8    There will be issues upon which additional briefings will need to be arranged. Any briefing offered to or requested by a party group will be offered to the other party groups. Where possible such briefings should be to all or a combination of party groups.

3.9    The leader or relevant spokesman of a group may ask the Chief Executive to give or arrange a private and confidential briefing for the group on any matter of relevance to the Authority.

3.10    Such briefings are seen as an opportunity for Members to brief officers on policy issues and to give an indication of support or opposition to a proposal. When briefings are held with one or two party groups only, officers will maintain strict confidentiality in respect of comments made by Members during those briefing meetings and will not divulge them to other party groups.

4. Members' rights of access to documents  

4.1    Standing Order 7.2 gives Members a right to see (and be given a copy of) such documents as are reasonably necessary to enable them to carry out their duties as Members of the Authority on a “need to know” basis, so long as they have  no improper nor extraneous intention in so doing. This includes all documents available  to the public as “background documents”.

4.2    It is ultimately for the Authority to determine what is reasonably necessary for a Member to know but normally, the Chief Executive will make the judgement, in consultation if necessary with the Clerk.

Need to Know

4.3    This will be generously interpreted as applying to all documents to which there is no “confidential” connotation, subject only to the Chief Executive retaining a discretion to decline to make available voluminous documents or diffuse information, or copies of documents, where the cost of doing so is unreasonably high.

4.4    Documents which are regarded as “confidential” will normally be made available, on a confidential basis, only to Members serving on the specific Committee concerned. Requests from other Members should be referred to the Clerk.
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4.5    There is no generic definition of “confidential” and the Chief Executive will exercise judgement. It would include, for example, most documents relating to named individuals in receipt of services from the Authority and most  documents relating  to the terms of contracts which are still being negotiated. It is a narrower category than documents which are exempt from disclosure to the public under the Access to Information legislation (and different from the “confidential” classification under that legislation).

Documents Affected

4.6    Members’ rights of access apply to documents sent to the Authority or prepared for it by officers or consultants. They do not apply to:-

a)    Draft documents of a factual or research nature where the Chief Executive is not satisfied as to their accuracy or completeness.

b)    Working documents discussing policy or budget options or the internal management of the Service where the Chief Executive has not reached a view as to the advice to be offered to Members.

c)    Draft reports prior to their despatch to Members of the Authority or one of its Committees by the Clerk.

4.7    The Chief Executive may consult the Chair of the Authority or of the relevant committee on draft reports to Members as part of the agenda planning process under the Convention and may also consult them on working documents if he or she so wishes.

4.8    Documents prepared at the request of any particular party group will not be made available to other party groups without the first group’s consent. Nor will such documents be used in the preparation of committee reports without the group’s consent. All relevant information will be sent out in a separate document to which all Members with a need to know shall have access.

4.9    More detailed advice can be obtained from the Clerk.

5. Press statements and relations with the media  

5.1    Official press statements relating to the normal functions and business of the Authority of a non-controversial nature may be issued by the Chief Executive from time to time.

5.2    After publication copies will be made available to any Member of the Authority on request.

5.3    In issuing any press release, the Chief Executive will have regard to the Code of Practice on Local Authority Publicity.

5.4    Only the Chair of the Authority, or in his or her absence, the Vice-Chair, or another Member nominated by the Chair) may represent the Authority in press, radio and television interviews.

5.5    Other Members of the Authority may respond to requests for press, radio and television interviews, but these will be given in a personal capacity and on the personal responsibility of the Member concerned.

5.6    The Chief Executive or, with his or her agreement, the relevant Director may deal with requests for information or questions asked by the press, television or radio and may accept invitations to broadcast or appear on television in order to give the facts of a situation or provide background information on:-

a)    Channel Tunnel Safety Authority matters.

b)    Matters relating to the Authority’s policies, subject to the appearance being made known to the Chair in advance so far as is practicable.

5.7    Any Member who receives a Freedom of Information request relating to the Authority or its business should pass it immediately to the Chief Executive for formal processing under the Act.

6. Members' rights of access to Authority premises  

6.1    Members may visit Fire and Rescue Service premises by prior arrangement with the Chief Executive or the Officer in charge of the establishment. Such arrangements should be made through the Clerk.

Adopted by Resolution of the Authority, 27 January 1998, and reviewed 29 June 2023.