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Contents 1 Lord Mayor and Deputy Lord Mayor Protocol 2 How Councillors and Officers Deal with Planning Applicants 3 Title of Lord Mayor or Deputy Lord Mayor in Councillors Correspondence 4 Access to Political Group Rooms and Other Councillor Areas by Members of the Public |
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Lord Mayor and Deputy Lord Mayor Protocol 1 Introduction 1.1 On
22 March 1982, HM Queen Elizabeth II graciously granted to the City of Swansea
letters patent which elevated the status of the Mayor to that of Lord
Mayor. The Unitary Authority of the City
and County of Swansea which came into being on 1 April 1996 was successful in
having both the City and Lord Mayor status re-bestowed on 29 March 1996. 1.2 The
actual wording of the letters patent is shown below: “Elizabeth the Second by the Grace of God of the United
Kingdom of Great Britain and Northern Ireland and of our other Realms and
Territories Queen Head of the Commonwealth Defender of the Faith To all to whom
these presents shall come, Greeting.
Know ye that our will and pleasure is and We do hereby declare and
ordain that from and after the date of these presents the Mayor of the City of
Swansea and his successors in office shall be styled entitled and called LORD
MAYOR OF SWANSEA And we do hereby authorise and empower the Mayor of the City
of Swansea and his successors in office henceforth at all times to assume and
use and to be called and to be named by the style title and appellation of Lord
Mayor of Swansea and to enjoy and use all and singular the rights privileges
and advantages to the degree of a Lord Mayor in all things duly and or right
belonging. In witness whereof we have
caused these our letters to be made patent.
Witness Ourself at Westminster the twenty second day of March in the
thirty first year of our reign”. 1.3 The Lord Mayor and Deputy Lord Mayor Protocol aims to cover
all aspects relating to the eligibility, nomination and behaviour of the Lord
Mayor / Deputy Lord Mayor. 1.4 A “Civic Protocols and Guidance” document is provided to each
Lord Mayor / Deputy Lord Mayor. The
document is provided by the Lord Mayor’s Office and is maintained by the Civic
and Corporate Marketing Manager. 2 Eligibility to be Lord
Mayor / Deputy Lord Mayor 2.1 For the period that a person is elected as Lord Mayor /
Deputy Lord Mayor, they must remain a Councillor of the City and County of
Swansea. 2.2 From the moment that the person ceases to be a Councillor of
the City and County of Swansea, they automatically also cease to be the Lord
Mayor / Deputy Lord Mayor. 2.3 If the existing Lord Mayor / Deputy Lord Mayor is suspended
or partially suspended from being a Councillor by the Standards Committee,
Public Services Ombudsman for Wales and / or Adjudication Panel for Wales they
shall not conduct any Lord Mayor / Deputy Lord Mayor duties. 3 Criteria for the
Nomination of Lord Mayor and Deputy Lord Mayor 3.1 Councillors MUST satisfy the following criteria prior to being nominated as Deputy Lord Mayor / Lord
Mayor: a)
Candidates
for the position of Lord Mayor and Deputy Lord Mayor must be serving members of
the Council and have the longest total length of service (Appendix A1). Note: If the Candidate is suspended or partially
suspended from being a Councillor then they do not meet the criteria at that
point in time. 3.2 The Head of Democratic Services shall inform the Political
Group Leaders and their Deputies via e-mail whether the candidate(s) meet the
criteria. 4 Councillors Total Length of Service 4.1 Councillors
shall be elected to the position of Deputy Lord Mayor and Lord Mayor based on
their total length of service with the City and County of Swansea Council and
its predecessor Authorities. Appendix A1
(The List) highlights the “Councillors Total Length of Service with the City
and County of Swansea and each of its predecessor Authorities” (As at Date
Printed on Appendix
A1). 4.2 Simultaneous
service on more than one of the City and County of Swansea Council’s
predecessor Authorities will count as one period of service i.e. If a Councillor was an Elected Member with
Lliw Valley Borough Council and West Glamorgan County Council during 1990-1994,
only 4 years would be counted towards the Councillors total length of service
during that time. 4.3 If
a Councillor has broken service with the City and County of Swansea Council or
any of its predecessor Authorities, then the time of each of the periods of
service will be added together in order to establish the total length of
service. For details of a Councillors
Period(s) of Service with the City and County of Swansea and its predecessor
Authorities, please refer to www.swansea.gov.uk/councillors 4.4 If
a Councillor has accrued service with another Authority, then that time will
not be counted, as the time has not been spent representing the people of the
City and County of Swansea Council. 4.5 A
Councillor shall be honoured with the title Deputy Lord Mayor / Lord Mayor
once. 4.6 If
two or more Councillors have exactly the same length of service, then the
nomination will be determined as follows: a)
Between
the Councillors involved; b)
The
drawing of lots between the Councillors involved. 5 Procedure for the Nomination of Lord
Mayor and Deputy Lord Mayor 5.1 Once
a Councillor has been deemed to meet the criteria to be nominated Lord Mayor /
Deputy Lord Mayor; the procedure is as follows: a)
Head of
Democratic Services to consult with Political Group Leaders and their Deputies
(all of whom have a vote) via email to determine whether the candidate(s) are
appropriate. Whether a candidate is
appropriate is to be decided on an individual basis. Considerations may include whether a
candidate has been found in breach of the Code of Conduct, whether the breach
was a serious breach and what sanction, if any, was imposed. Other considerations include whether the
Councillor has been found guilty or pleaded guilty to a serious criminal
offence; b)
If unanimous decision that the
candidate(s) are appropriate, and a report be presented to Council; c)
If
there is not a unanimous decision
then a meeting of the Constitution Working Group (CWG) shall be convened. CWG will consider the appropriateness of the
candidate(s) and decide what action to take based on the Protocol. 6 Appropriateness
Test 6.1 The Appropriateness Test seeks to
determine the appropriateness of candidate(s) nominated for the role of Deputy
Lord Mayor and Lord Mayor. It is a
measure of their appropriateness at a current point in time. Questions by the Constitution Working Group
may include whether the candidate(s) is subject to any investigation by the
Public Services Ombudsman for Wales in relation to any breach of the Code of
Conduct, any sanctions imposed, any court proceedings or any other matter they
consider relevant. 6.2 Depending on outcome of paragraph 6.1
above, the Constitution Working Group may hear representations from the
candidate prior to making any final decision. 6.3 The powers of the Public Services
Ombudsman for Wales and the Adjudication Panel for Wales are outlined in Appendix B1
to this report. 6.4 If a candidate is considered not
appropriate for the role of either Lord Mayor or Deputy Lord Mayor they will be
replaced on “the list” in accordance with their seniority and will be subject
to the Appropriateness Test at the following round of Lord Mayor / Deputy Lord
Mayor nominations. 7 Constitution Working Group Report to
Council 7.1 The
Constitution Working Group shall present a report to Council recommending the
appropriate candidate(s) for the role of Deputy Lord Mayor / Lord Mayor to
Council The report shall nominate one Councillor for the role of Deputy Lord
Mayor and one Councillor for the role of Lord Mayor. 7.2 In
the year of a Local Government Election,
there will be a third and fourth recommendation seeking a resolution to name
the next 5 Councillors as being eligible should the initial nominations fail to
be re-elected. These additional 5
Councillors shall be appointed in line with the Protocol. 7.3 When
a Councillor is elected to the position of Deputy Lord Mayor, then that person
would become Lord Mayor the following municipal year, subject to the
Appropriateness Test. 8 Role of Council 8.1 Council
will receive the report of the Constitution Working Group regarding nominations
for the Deputy Lord Mayor and Lord Mayor.
It shall consider whether to accept the recommendations of the
Constitution Working Group or not. 8.2 In
the year of a Local Government Election,
Council shall also be asked to accept the nominations of the next 5 Councillors
under the Protocol in order to have an automatic fall-back position should the
initial nominations fail to be re-elected.
The automatic fall-back would mean that the next eligible Councillor who
had been subjected to and passed the appropriateness test by the Constitution
Working Group would be elected to the position of Lord Mayor / Deputy Lord
Mayor as necessary. 8.3 Should
Council not accept the recommendations of the Constitution Working Group, then
the matter should be deferred to either the next Ordinary meeting of Council or
to an Extraordinary meeting of Council in order for the appropriateness test to
be considered for the next Councillor in line based on length of service by the
Constitution Working Group. 9 Deferment of Term of Office 9.1 A
Councillor may request that their term of Office be deferred for any length of
time or even an unspecified length of time.
However such a request must gain the support of the majority of the
Political Group Leaders. In the event of
a tie, then the Constitution Working Group will consider the matter. 9.2 Once
a Councillor has completed their deferment they will be replaced back on the
Seniority List in accordance with their seniority. They shall follow the next person in line to
be Deputy Lord Mayor but shall not be permitted to replace the next person in line
if the period until the next selection is less than 6 months. 10 Title
and Chain of Office of Lady Mayoress / Lord Mayor’s consort / Deputy Lady
Mayoress / Deputy Lord Mayor’s Consort 10.1 The Title and Chain of Office of Lady
Mayoress / Lord Mayor’s consort / Deputy Lady Mayoress / Deputy Lord Mayor’s
Consort is conferred at the Ceremonial Meeting of Council on an annual basis. 10.2 Any other person may accompany the Lord
Mayor / Deputy Lord Mayor to any civic engagement to which the same courtesies
and precedence would be extended, however, the Chain of Office may not be worn. 11 Behaviour of Lord Mayor / Deputy Lord
Mayor during their Term of Office 11.1 Should
the behaviour of the Lord Mayor / Deputy Lord Mayor be brought into question
during their term of office, then the behaviour should be reported to the Chief
Executive, the Monitoring Officer, the Head of Democratic Services and the
relevant Political Group Leader. 11.2 However,
if the alleged behaviour may lead to any investigation by the Public Services
Ombudsman for Wales in relation to any breach of the Code of Conduct, any
sanctions imposed, any court proceedings or any other matter considered
relevant then the complainant should refer the matter to the Public Services Ombudsman
for Wales or Police as appropriate. 11.3 The
allegation will be passed to the Constitution Working Group for them to
consider whether it requires any immediate action to be taken. The Group should consider the point that
people are presumed innocent and should not make any decision to impede that
basis of law. However, the CWG may
determine any appropriate sanction based on the Appropriateness Test following
the outcome of the Ombudsman’s or Police investigation (if any). 12 Suspension from Office as a Councillor 12.1 Should
a Councillor be suspended from the Office of Councillor for a period of time
following a breach of the Councillors Code of Conduct, the following actions
are to be followed: a)
A
suspended, partially suspended or disqualified Councillor would no longer meet
the criteria to be Lord Mayor / Deputy Lord Mayor and would therefore
automatically relinquish that Office. b)
The
issue shall also be automatically referred to the Constitution Working Group
for it to consider whether to appoint a new Lord Mayor, Deputy Lord Mayor etc. 13 Behaviour of Lord Mayor’s Consort, / Deputy
Lord Mayor’s Consort, Lady Mayoress / Deputy Lady Mayoress during their Term of
Office 13.1 Should
the behaviour of the Lord Mayor’s Consort, / Deputy Lord Mayor’s Consort, Lady
Mayoress / Deputy Lady Mayoress be brought into question during their term of
office, then the behaviour should be reported to the Chief Executive, the
Monitoring Officer, the Head of Democratic Services and the relevant Political
Group Leader. 13.2 The
allegation(s) will be passed to the Constitution Working Group for them to
consider whether it requires any immediate action to be taken. Action could include suspending the
individual for a period of time or seeking a Council resolution to remove the
individual from Office. Appendix
A1 Councillors Total Length of
Service with the City and County of Swansea and each of its predecessor
Authorities (20/05/2022).
Appendix
B1 Public
Services Ombudsman for Wales and the Adjudication Panel for Wales Powers 1
The
Public Services Ombudsman for Wales considers complaints that Members of Local
Authorities in Wales have broken the Code of Conduct. The Ombudsman investigates such complaints under
the provisions of Part III of the Local Government Act 2000 and the relevant
Orders made by the National Assembly for Wales under that Act. Where the Ombudsman decides that a complaint
should be investigated, there are four findings, set out under Section 69 of
the Local Government Act 2000, which the Ombudsman can arrive at: a)
That
there is no evidence that there has been a breach of the Authority’s Code of
Conduct; b)
That no
action needs to be taken in respect of the matters that were subject to the investigation; c)
That
the matter be referred to the Authority’s Monitoring Officer for consideration
by the Standards Committee; d)
That
the matter be referred to the President of the Adjudication Panel for Wales for
adjudication by a tribunal (this generally happens in more serious cases). 2
In the
circumstances of c) and d) above, the Ombudsman is required to submit the
investigation report to the Standards Committee or a Tribunal of the
Adjudication Panel for Wales and it is for them to consider the evidence found
by the Ombudsman, together with any defence put forward by the Member
concerned. It is also for them to determine whether a breach has occurred and,
if so, what penalty (if any) should be imposed. 3
The maximum penalty that a Standards Committee
can apply is suspension for 6 months. In considering whether the Councillor or
Co-opted Member has failed to comply with the relevant Authority’s Code of
Conduct it may also determine that: a)
No
action needs to be taken in respect of that failure; b)
The
Councillor or Co-opted Member should be censured (A censure takes the form of a
public rebuke of the Member concerned); c)
The
Councillor or Co-opted Member should be Suspended or Partially Suspended from
being a Member of that Authority for a period not exceeding six months. 4
The maximum that a Tribunal of the Adjudication
Panel for Wales can determine is 5
years’ disqualification from office.
The Tribunal may: a)
Suspend
or Partially Suspend a person from being a Councillor or Co-opted Member of the
Relevant Authority concerned for a period not exceeding one year or, if
shorter, the remainder of the person’s term of Office; b)
Disqualify
a person for being, or becoming (whether by Election or otherwise), a
Councillor of that or any other relevant Authority for a period not exceeding 5 years. |
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How Councillors and Officers Deal with Planning Applications 1. Introduction 1.1 The
planning system involves taking decisions about the development and use of land
in the wider public interest, in accordance with the provisions of the Development
Plan, unless there are overriding material planning consideration which
indicate otherwise. 2. Role of Councillors 2.1 Councillors
determine the Council’s Planning Policy. They must abide by the provisions of
the Code of Conduct during the development plan process. It is essential that
they exercise their own responsibility to declare any personal interests such
as land ownership or business interests which may be affected when plans are in
preparation. 2.2 When
Planning Committee Members come to make a decision on a planning application
they will: a)
Act
fairly and openly; b)
Approach
each application with an open mind; c)
Carefully
weigh up all relevant issues; d)
Determine
each application on its own merits; e)
Avoid
undue contact with interested parties; f)
Ensure
that the reason for their decisions are clearly stated. 2.3 Non-Planning Committee Members are not bound by rules of
pre-determination and are generally free to: a)
Discuss
any planning application with an applicant and/or lobby group; b)
Attend
any meeting arranged by an applicant and/or lobby group; c)
Attend
and speak at a Community / Town Council
meeting; d)
Relay
relevant information about an application to the planning officer; e)
Seek
information from the planning officer. 2.4 They
must at all times abide by the Member Code of Conduct and cannot improperly
influence planning officers. 3. Role of Officers 3.1 The
officers’ function is to advise and assist Councillors in matters of Planning
Policy and in their determination of planning applications by: a)
Providing
impartial and professional advice; b)
Making
sure that all information necessary for the decision to be made is given; c)
Providing
a clear and accurate analysis of the issues; d)
Assessing
the application against the Council’s Development Plan policies and all other
material considerations; e)
Giving
a clear recommendation; f)
Carrying
out the decisions of Councillors in Committee or Council. 4. Lobbying 4.1 It
is quite common for applicants or other interested parties to wish to discuss a
proposed development with Councillors before a planning application is
determined. 4.2 This
can help Councillors’ understanding of the issues and concerns associated with
an application. However, to avoid
compromising their position before they have received all the relevant
information, Planning Committee Members will: a)
Avoid
as far as possible meeting an applicant or potential applicant alone; b)
Avoid
making it known whether they support or oppose the proposal; c)
Restrict
their response to giving Procedure advice; d)
Not
pressurise officers to make a particular recommendation in their report; e)
Direct
lobbyists or objectors to planning officers who will include reference to their
opinions where relevant in their report; f)
Advise
the Head of Planning & City Regeneration or the Cabinet Member of the
existence of any lobbying. 4.3 Where a Councillor feels that his/her impartiality has been
compromised he/she will need to decide whether to declare a personal interest
and withdraw from the decision making process. 4.4 Membership of a Community / Town Council which has expressed a
view on an application does not by itself give rise to a conflict provided that
the Member retains an open mind. The
Council’s Monitoring Officer will give advice on whether an interest should be
declared in cases of doubt. 5. Discussions with potential applicants 5.1 Pre-application
meetings with potential applicants are encouraged, but to avoid them being
misunderstood they will normally be at officer level and: a)
Where
they involve Planning Committee Members they will be at a forum prescribed for
the purpose; b)
Potentially
contentious meetings will be attended by at least two officers including the
Head of Planning & City Regeneration or his representative; c)
A
note of the discussion will be taken and placed on file and made available for
public inspection at the appropriate time; d)
It
will be made clear at such meetings that only personal and provisional views
based upon the Development Plan can be given and no decisions can be made which
would bind or otherwise compromise the Planning Committee or Council. 6. Decisions contrary to officer
recommendation 6.1 From time to time Members of the Planning Committees or
Council will disagree with the professional advice given by the Head of
Planning & City Regeneration. 6.2 In such cases the reasons for rejecting an Officer’s
recommendation will be clearly stated and recorded in the minutes of the
meeting. Where an appeal arises against such a decision, Officers will
give support to the relevant members in preparing evidence for the appeal. 7. Site Visits 7.1 Site
visits can be useful to identify features of a proposal which may be difficult
to convey in a written report, but site visits do delay the decision on an
application. 7.2 When
appropriate, however, they will be normally requested by a ward member at the
time of calling an application to Committee; or 7.3 Be
authorised by the relevant Committee or by the of Planning & City
Regeneration, or his representative, in consultation with the Chair of the
relevant Committee; 7.4 Normally,
the site visits will be held between the publication of the Committee Agenda
and the Committee meeting. 8. Planning Applications by Councillors or
Officers of the Council 8.1 When
an application is submitted by anyone involved in the planning process, the
Member or officer will: a)
Inform
both the Head of Planning & City Regeneration and the Council’s Monitoring
Officer; b)
Take
no part in processing or determining the application. 8.2 The
Head of Planning & City Regeneration will ensure that all such applications
are determined at the Committee meeting and not under delegated powers. 9. Planning applications by the Council 9.1 The
Council itself requires planning permission to carry out or authorise
development on land it owns. These
applications will be treated in the same way as those from private applicants. 10. Complaints 10.1 Any
issues or concerns arising from the Code of Practice can be raised with the
relevant Cabinet Member with responsibility for Planning, the Corporate
Director (Place), or the Head of Planning & City Regeneration. 10.2 The
Council also have a formal complaints system in operation which can be used if
necessary and accessed via the following link: http://www.swansea.gov.uk/article/7326/Corporate-complaints-procedure 10.3 The
Council’s Complaints Team can be contacted on 01792 63 7345. 10.4 Issues
of maladministration can be referred to the Public Services Ombudsman for Wales
who can be contacted at: ·
1
Ffordd yr Hen Gae, Pencoed, CF35 5LJ ·
0300
790 0203 |
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Title of Lord Mayor or Deputy Lord Mayor in Councillors Correspondence 1. Introduction 1.1 This
protocol provides Councillors with guidance on the Use of the Title Lord Mayor
or Deputy Lord Mayor in Councillors Correspondence. A breach of this protocol is deemed a breach of
the Members Code of Conduct. As such
should a breach occur then it should be reported to the Public Services
Ombudsman for Wales. 2. Personal
Motto and / or Civic Crest 2.1 The
use of a Personal Motto or an attempt to use or amend the Civic Crest by the
Lord Mayor, Deputy Lord Mayor or any Councillor in correspondence shall not be
allowed. 3 Use
of the Title Lord Mayor or Deputy Lord Mayor 3.1 The
use of the Title Lord Mayor or Deputy Lord Mayor in personal correspondence
shall not be allowed. |
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Access to Political Group Rooms and Other Councillor Areas by Members of the Public 1. Introduction 1.1 This
protocol provides Councillors with guidance on access to Political Group Rooms
and other Councillor areas by members of the public. A breach of this protocol is deemed a breach of
the Members Code of Conduct. As such
should a breach occur then it should be reported to the Public Services
Ombudsman for Wales. 1.2 Whilst
access to rooms is outlined below, Members of the public should not be allowed
to use the Council’s ICT equipment or any other facility prohibited by other
Council protocols. Use of Council
telephones in Councillor Areas may be allowed but only with the prior consent
of the Councillor. Such use must be
modest, necessary and appropriate. 2. Access to the Political
Group Rooms & Other Councillor Rooms by Members of the Public 2.1 Political
Group Leaders / Deputy Group Leaders shall have the responsibility for deciding
whether or not members of the public should be allowed to remain unattended in
their Political Group Rooms. 2.2 Political
Group Leaders / Deputy Group Leaders are advised to consider whether or not the
member of the public has a legitimate reason for being invited in the Political
Group Room. 2.3 The
relevant Political Group Leader / Deputy Group Leader shall have the
responsibility of policing their own Political Group Rooms. |
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Councillors Correspondence 1. Introduction 1.1 This
protocol provides Councillors with guidance on Use of Political Party /
Political Group Logo, Personal Imagery and/or Colour in Councillors
Correspondence. 1.2 Councillors
must not use Council facilities and resources including letterheads and other
correspondence to promote their Political Group / Political Party purposes. 1.3 A
breach of this protocol is deemed a breach of the Members Code of Conduct. Any such breach may be reported to the Public
Services Ombudsman for Wales. 2. Councillors
Political Party / Political Group Names / Colours / Logos and / or Personal
Imagery 2.1 The
Council shall not print or allow its equipment / facilities to be used to print
(or publish) correspondence for Councillors containing their Political Party /
Political Group Names / Colours / Logos and / or Personal imagery. 3. Councillors
Surgery Posters 3.1 Councillors
Surgery Posters printed by the Council shall be allowed providing they are
either printed using the corporate colours or in black and white. 3.2 A
colour image of the Councillor shall be allowed for Councillor Surgery Posters;
however the Political Group / Party Name / Logo shall not be permitted. |
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Response to Councillor Correspondence Protocol 1. Introduction 1.1 The “Customer Service - Guidelines for Staff” booklet outlines the Customer Request Response Guidelines. These guidelines do not differentiate between members of the public and Councillors. This Protocol makes a differentiation between Councillors and the public. 2. Service
Requests 2.1 On
occasion it is likely that a Councillor will approach an Officer directly in
order to request a service (e.g. reporting a faulty street light, requesting an
appointment etc.). In such occasions
this Protocol does not apply. The
Officer will simply pass the Service Request to the relevant section and they
will be dealt with in the normal way. 3. Councillor
Request Response Guidelines 3.1
All
requests, where possible (and unless legislation allows otherwise e.g. FOIA
gives 20 working days), shall be responded to within 5 clear working days of
receipt. 3.2 If
the response can be produced within 5 clear working days, no acknowledgement of
receipt of the request is necessary. 3.3
Where
this is not possible (e.g. due to complexity), an acknowledgment shall be sent
within the 5 clear working days. The
acknowledgment can be by written letter or e-mail and must contain the reason
for the delay and a realistic timescale as to when the response will be made. 3.4 These guidelines apply equally to all forms of correspondence (written or verbal) including those received in the Welsh Language. |
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Personal Safety - Councillors Guide The relationship between Councillors and
their communities is at the heart of what being a Councillor is all about. The
face-to-face contact when constituents can share problems and concerns is vital
to enhancing that relationship. This guide aims to help Councillors carry out
their role safely and effectively. An important role of Councillors is to keep
in touch with their communities. This includes helping individuals with any
problems they might have. Often this extends beyond just the delivery of
Council services. These contacts are usually rewarding and non-adversarial.
Councillors become experienced in calming down and treating with respect and
sympathy angry and frustrated residents who often resort to their elected
representative when they feel that they are getting nowhere in resolving their
problems through other channels. The purpose of this guide is not to make
Councillors nervous, but to set out what personal safety measures can be taken to prevent and to deal with those rare
circumstances when they might find themselves in situations where they become
anxious for their safety. In general terms the
guidance follows advice given to others who, by virtue of public duties or
employment, meet many people whom they do not know.
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