Code of Corporate Governance

Introduction

The County Council has adopted a Code of Corporate Governance based upon the CIPFA / SOLACE document entitled "Delivering Good Governance in Local Government: Framework.

What do we mean by Governance?

Governance is about how local government bodies ensure that they are doing the right things, in the right way, for the right people, in a timely, inclusive, open, honest and accountable manner.

It comprises the systems and processes, cultures and values, by which local government bodies are directed and controlled and through which they account to, engage with and, where appropriate, lead their communities.

The Corporate Governance framework consists of six core principles:

Focusing on the purpose of the authority and on outcomes for the community and creating and implementing a vision for the local area
Members and officers working together to achieve a common purpose with clearly defined functions and roles
Promoting the values for the authority and demonstrating the values of good governance through upholding high standards of conduct and behaviour
Taking informed and transparent decisions which are subject to effective scrutiny and managing risk
Developing the capacity and capability of members and officers to be effective
Engaging with local people and other stakeholders to ensure robust public accountability

The County Council's Code of Corporate Governance specifically identifies the actions to be taken in relation to each of the six core principles. On a more practical basis, and in order to assist the reader, a single sheet which defines the local framework by reference to key documents and contributory processes is detailed at the end of the Code.

The Standards Committee is currently responsible for approving this Code and ensuring it is kept up to date by reviewing its operation on an annual basis.

Actions to be taken by the County Council in relation to each principle of corporate governance

Focussing on the purpose of the authority and on outcomes for the community and creating and implementing a vision for the local area.

The County Council will:

Develop and promote the authority's purpose and vision
Review on a regular basis the authority's vision for the local area and its implications for the authority's governance arrangements
Ensure that partnerships are underpinned by a common vision of their work that is understood and agreed by all partners
Publish an annual report on a timely basis to communicate the authority's activities and achievements, its financial position and performance
Decide how the quality of service for users is to be measured and make sure that the information needed to review service quality effectively and regularly is available
Put in place effective arrangements to identify and deal with failure in service delivery
Decide how value for money is to be measured and make sure that the authority or partnership has the information needed to review value for money and performance effectively. Measure the environmental impact of policies, plans and decisions

Members and officers working together to achieve a common purpose with clearly defined functions and roles

The County Council will

Set out a clear statement of the respective roles and responsibilities of the executive and of the executive's members individually and the authority's approach towards putting this into practice
Set out a clear statement of the respective roles and responsibilities of other authority members, members generally and of senior officers
Determine a scheme of delegation and reserve powers within the constitution, including a formal schedule of those matters specifically reserved for the collective decision of the authority, taking account of relevant legislation, and ensure that it is monitored and updated when required
Make a chief executive responsible and accountable to the authority for all aspects of operational management
Develop protocols to ensure that the leader and chief executive negotiate their respective roles early in the relationship and that a shared understanding of roles and objectives is maintained
Make a senior officer (the S151 officer) responsible to the authority for ensuring that appropriate advice is given on all financial matters, for keeping proper financial records and accounts, and for maintaining an effective system of internal financial control
Make a senior officer (usually the monitoring officer) responsible to the authority for ensuring that agreed procedures are followed and that all applicable statutes and regulations are complied with
Develop protocols to ensure effective communication between members and officers in their respective roles
Set out the terms and conditions for the remuneration of members and officers and an effective structure for managing the process, including an effective remuneration panel
Ensure that effective mechanisms exist to monitor service delivery
Ensure that the organisation's vision, strategic plans, priorities and targets are developed through robust mechanisms, and in consultation with the local community and other key stakeholders, and that they are clearly articulated and disseminated
When working in partnership, ensure that members are clear about their roles and responsibilities both individually and collectively in relation to the partnership and to the authority
When working in partnership:
- ensure that there is clarity about the legal status of the partnership
- ensure that representatives of organisations both understand and make clear to all other parties the extent of their authority to bind their organisation to partner decisions

Promoting the values for the authority and demonstrating the values of good governance through upholding high standards of conduct and behaviour

The County Council will

Ensure that the authority's leadership sets a tone for the organisation by creating a climate of openness, support and respect
Ensure that standards of conduct and personal behaviour expected of members and staff, of work between members and staff and between the authority, its partners and the community are defined and communicated through codes of conduct and protocols
Put in place arrangements to ensure that members and employees of the authority are not influenced by prejudice, bias or conflicts of interest in dealing with different stakeholders and put in place appropriate processes to ensure that they continue to operate in practice
Develop and maintain shared values including leadership values both for the organisation and staff reflecting public expectations, and communicate these with members, staff, the community and partners
Put in place arrangements to ensure that systems and processes are designed in conformity with appropriate ethical standards, and monitor their continuing effectiveness in practice
Develop and maintain an effective standards committee
Use the organisation's shared values to act as a guide for decision making and as a basis for developing positive and trusting relationships within the authority
In pursuing the vision of a partnership, agree a set of values against which decision making and actions can be judged. Such values must be demonstrated by partners' behaviour both individually and collectively

Taking informed and transparent decisions which are subject to effective scrutiny and managing risk

The County Council will

Develop and maintain an effective scrutiny function which encourages constructive challenge and enhances the authority's performance overall and that of any organisation for which it is responsible
Develop and maintain open and effective mechanisms for documenting evidence for decisions and recording the criteria, rationale and considerations on which decisions are based
Put in place arrangements to safeguard members and employees against conflicts of interest and put in place appropriate processes to ensure that they continue to operate in practice
Develop and maintain an effective audit committee (or equivalent) which is independent of the executive and scrutiny functions or make other appropriate arrangements for the discharge of the functions of such a committee
Ensure that effective, transparent and accessible arrangements are in place for dealing with complaints
Ensure that those making decisions whether for the authority or the partnership are provided with information that is fit for the purpose - relevant, timely and gives clear explanations of technical issues and their implications
Ensure that proper professional advice on matters that have legal or financial implications is available and recorded well in advance of decision making and used appropriately
Ensure that risk management is embedded into the culture of the authority, with members and managers at all levels recognising that risk management is part of their jobs
Ensure that effective arrangements for whistle blowing are in place to which officers, staff and all those contracting with or appointed by the authority have access
Actively recognise the limits of lawful activity placed on the authority by, for example, the ultra vires doctrine but also strive to utilise its powers to the full benefit of the community
Recognise the limits of lawful action and observe both the specific requirements of legislation and the general responsibilities placed on the authority by public law
Observe all specific legislative requirements placed upon the authority, as well as the requirements of general law, and in particular to integrate the key principles of good administrative law - rationality, legality and natural justice - into its procedures and decision making processes

Developing the capacity and capability of members and officers to be effective

The County Council will

Provide induction programmes tailored to individual needs and opportunities for members and officers to update their knowledge on a regular basis
Ensure that the statutory officers have the skills, resources and support necessary to perform effectively in their roles and that these roles are properly understood throughout the authority
Assess the skills required by members and officers and make a commitment to develop those skills to enable roles to be carried out effectively
Develop skills on a continuing basis to improve performance, including the ability to scrutinise and challenge and to recognise when outside expert advice is needed
Ensure that effective arrangements are put in place for reviewing the performance of the executive as a whole and of individual members and agreeing an action plan which might, for example, aim to address any training or development needs
Ensure that effective arrangements are in place designed to encourage individuals from all sections of the community to engage with, contribute to and participate in the work of the authority
Ensure that career structures are in place for members and officers to encourage participation and development

Engaging with local people and other stakeholders to ensure robust public accountability

The County Council will

Make clear to itself, all staff and the community to whom it is accountable and for what
Consider those institutional stakeholders to whom the authority is accountable and assess the effectiveness of the relationships and any changes required
Produce an annual report on the activity of the scrutiny function
Ensure clear channels of communication are in place with all sections of the community and other stakeholders, and put in place monitoring arrangements and ensure that they operate effectively
Hold meetings in public unless there are good reasons for confidentiality
Ensure that arrangements are in place to enable the authority to engage with all sections of the community effectively. These arrangements should recognise that different sections of the community have different priorities and establish explicit processes for dealing with these competing demands
Establish a clear policy on the types of issues they will meaningfully consult on or engage with the public and service users about including a feedback mechanism for those consultees to demonstrate what has changed as a result
On an annual basis, publish a performance plan giving information on the authority's vision, strategy, plans and financial statements as well as information about its outcomes, achievements and the satisfaction of service users in the previous period
Ensure that the authority as a whole is open and accessible to the community, service users and its staff and ensure that it has made a commitment to openness and transparency in all its dealings, including partnerships, subject only to the need to preserve confidentiality in those specific circumstances where it is proper and appropriate to do so
Develop and maintain a clear policy on how staff and their representatives are consulted and involved in decision making

To help communicate the Corporate Governance Framework, a unique single-sheet diagram has been developed and can be accessed below.

Staffordshire County Council Corporate Governance Framework - 2010||