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The Constitution

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The Constitution Public Document Pack 1 THE CONSTITUTION WOKING BOROUGH COUNCIL Contents Pages Pages 3 - 4 Part 1 - Introduction Pages 5 - 8 Part 2 - Articles of the Constitution Pages 9 - 46 Part 3 - Responsibility for Functions, Management Arrangements and Scheme of Delegations Pages 47 - 120 Part 4 - Council Procedure Rules Pages 121 - 182 Part 5 - Codes and Protocols Pages 183 - 294 Index Pages 295 – 318 2 Agenda Item 1 3 CONTENTS Part 1 – Introduction 5 Introduction 7 Part 2 – Articles of the Constitution 9 Article 1 – The Constitution 11 Article 2 – Members of the Council 13 Article 3 – Citizens and The Council 15 Article 4 – The Full Council 17 Article 5 – Chairing The Council 19 Article 6 – Overview and Scrutiny Committee 21 Article 7 – The Leader 25 Article 8 – The Executive 27 Article 9 – Regulatory and Other Committees 29 Article 10 – The Standards and Audit Committee 31 Article 11 – Officers 33 Article 12 – Decision Making 37 Article 13 – Finance and Contracts 39 Article 14 – Review and Revision of the Constitution 41 Article 15 – Suspension, Interpretation and Publication of the Constitution 43 Schedule 1 – Description of Executive Arrangements 45 Part 3 – Responsibility for Functions, Management Arrangements and Scheme of Delegations 47 Functions 49 Joint Committee for the Oversight of Delivery of Surrey Public Authority Services (“Surrey First”) 55 Woking Joint Committee 59 Joint Waste Collection Services Committee 81 Management Arrangements 89 Scheme of Delegations 91 Part 4 – Council Procedure Rules 121 Standing Orders 123 Conventions 143 Budget and Policy Framework Procedure Rules 145 Executive Procedure Rules 149 Overview and Scrutiny Procedure Rules 155 Access to Information Procedure Rules 165 Public Participation at Planning Committee 173 Guidance on the Submission and Consideration of Petitions 177 Page 3 July 2021 4 Part 5 – Codes and Protocols 183 Members’ Code of Conduct 185 Standards Protocols 201 Arrangements for Dealing with Standards Allegations under the Localism Act 207 Members’ Allowances Scheme 213 Financial Regulations 227 Contract Standing Orders 245 Confidentiality Protocol 255 Officer Employment Procedure Rules 261 Code of Conduct for Employees Policy 269 Officer Conflicts of Interest Protocol 275 Thameswey Group Protocols 281 Index 295 Page 4 July 2021 Agenda Item 2 5 WOKING BOROUGH COUNCIL CONSTITUTION Part 1 Introduction Page 5 July 2021 6 Page 6 July 2021 7 Introduction The Council’s Constitution This Constitution is divided into 15 Articles which set out the basic rules governing the Council’s business. More detailed procedures and codes of practice are provided in separate rules and protocols at the end of the document. Page 7 July 2021 8 Page 8 July 2021 Agenda Item 3 9 WOKING BOROUGH COUNCIL CONSTITUTION Part 2 Articles of the Constitution Page 9 July 2021 10 Page 10 July 2021 11 Article 1 – The Constitution 1.01 Powers of the Council The Council will exercise all of its powers and duties in accordance with the law and this Constitution. 1.02 Purpose of the Constitution The purpose of the Constitution is to: (a) enable the Council to provide leadership to the community in partnership with citizens, businesses and other organisations; (b) support the active involvement of local people in decisions made by the Council; (c) help councillors represent their constituents more effectively; (d) enable decisions to be taken efficiently and effectively; (e) create a powerful and effective means of holding decision-makers to public account; (f) ensure that no one will review or scrutinise a decision in which they were directly involved; (g) ensure that those responsible for decision making are clearly identifiable to local people, and that they can explain the reasons for their decisions; and (h) provide a means of improving delivery of services to the community. 1.03 Interpretation of the Constitution Where the Constitution permits the Council to choose between different courses of action, the Council will choose the option which it thinks is closest to the purposes stated above. Page 11 July 2021 12 Page 12 July 2021 13 Article 2 – Members of the Council 2.01 Number of Councillors The Council comprises 30 councillors (also referred to as “Members”). 2.02 Roles of Councillors Councillors will: (i) Collectively be the ultimate policy-makers for the Council; (ii) Contribute to the good governance of the area and actively encourage community participation and citizen involvement in decision making; (iii) Represent the interests of their ward and of individual constituents; (iv) Respond to constituents’ enquiries and representations, fairly and impartially; (v) Serve the public interest, and make decisions having regard to the interests of the whole community. 2.03 Rights and Duties of Councillors Councillors have rights of access to such documents, information, land and buildings of the Council as are necessary for them to act as a councillor. Councillors are entitled to receive allowances in accordance with the Members’ Allowances Scheme set out in Part 5 of this Constitution. Councillors will observe the Members’ Code of Conduct set out in Part 5 of this Constitution. Page 13 July 2021 14 Page 14 July 2021 15 Article 3 – Citizens and the Council 3.01 Citizens’ rights (a) Information. Citizens have the right to: (i) Attend meetings of the Council, Executive and Committees except where confidential or exempt information is likely to be disclosed, and the meeting is, therefore, held in private; (ii) Find out from the Forward Plan what key decisions will be taken under the Council’s Executive arrangements; (iii) See public reports and background papers, and any public records of decisions made by the Council, Executive and Committees; and (iv) inspect the Council’s accounts, and make their views known to the external auditor. (b) Participation. Citizens have the right to: (i) Contribute to investigations by the Overview and Scrutiny Committee; (ii) Present petitions under the Council’s Petition Scheme, (iii) Ask questions at the Executive. (c) Complaints. Citizens have the right to complain to: (i) the Council under its complaints scheme; (ii) the Ombudsman after using the Council’s own complaints scheme, and (iii) the Council’s Monitoring Officer about a breach of the Members’ Code of Conduct. 3.02 Citizens’ Responsibilities Citizens must not be violent, abusing or threatening to councillors, officers or persons carrying out work for the Council. Citizens must not wilfully harm things owned by the Council, councillors or officers. Page 15 July 2021 16 Page 16 July 2021 17 Article 4 – The Full Council 4.01 Meanings (a) Policy Framework. ”Policy Framework” means: (i) Plans and strategies which, by law, have to be approved by Full Council, and (ii) Plans and strategies which the Council has decided should be approved by Full Council. (b) Budget. “Budget” includes the allocation of financial resources to different services and projects, proposed contingency funds, setting the Council Tax and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and the setting of virement limits. (c) Housing Land Transfer. “Housing Land Transfer” means the approval or adoption of applications (whether in draft form or not) to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985. 4.02 Functions of the Full Council Only Full Council will exercise the following functions: (a) adopting and changing the Constitution (apart from changes to Part 3 in relation to executive functions which will be discharged by the Leader and reported to the Council); (b) approving or adopting the Policy Framework, the Budget and any application to the Secretary of State in respect of a Housing Land Transfer; (c) intervening, where necessary, to prevent executive decisions that would run contrary to the Policy Framework or Budget; (d) appointing and removing the Leader of the Council; (e) agreeing and/or amending the terms of reference for committees, deciding on their composition and making appointments to them; (f) appointing representatives to outside bodies, unless the appointment is an executive function or has been delegated by Full Council; (g) adopting a Members’ Allowances scheme under Article 2.03; (h) changing the name of the area, or conferring the title of Freedom of the Borough; Page 17 July 2021 18 (i) Appointing the Head of Paid Service and other members of the Corporate Leadership Team in accordance with the Officer Employment Rules; (j) making, amending, revoking, re-enacting or adopting byelaws and promoting or opposing the making of local legislation or personal Bills; (k) all local choice functions, set out in Part 3 of this Constitution, which Full Council decides should be undertaken by itself; (l) electing the Mayor; and (m) all other matters which, by law, must be reserved to Full Council. 4.03 Council Meetings There are three types of Council meeting: (a) the annual meeting; (b) ordinary meetings; (c) extraordinary meetings; and they will be conducted in accordance with the Council Procedure Rules in Part 4 of this Constitution. 4.04 Responsibility for Functions The Council will maintain the tables in Part 3 of this Constitution setting out the responsibilities for the Council’s functions which are not the responsibility of the
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