The Constitution of Kent County Council

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The Constitution of Kent County Council The Constitution of Kent County Council Contents Part One: The Articles 1. The Constitution – Page 2 2. The Council – Page 2 3. The Executive – Page 2 4. The Member – Page 3 5. The Officer – Page 3 Part Two: Functions and Decision-Making 6. The Constitution of Kent County Council – Page 4 7. The Powers of the Council – Page 5 8. The Council and Executive – Page 6 9. The Leader and Executive – Page 11 10. Schemes of Delegation – Page 16 11. Delegations to Officers – Page 18 12. Decision Making – Page 27 13. Financial Procedures – Page 34 Part Three: Standing Orders 14. County Council Meetings – Page 46 15. Meetings: Common Procedures – Page 55 16. Common Committee Procedures – Page 61 17. Individual Council Committees – Page 65 18. Cabinet and Cabinet Committees – Page 92 19. Partnership – Page 96 20. The Public – Page 104 Part Four: People and Values 21. Members – Page 108 (Code of Members Conduct – Page 113) 22. Convention on Member: Officer Relations – Page 123 23. Code of Officers Conduct – Page 135 24. Management Structure – Page 146 25. Personnel Management Rules – Page 148 26. Other Provisions – Page 156 Index – Page 163 1 Part One: The Articles 1. The Constitution (a) This Council operates solely within the law and exercises the powers granted by Parliament and Government. (b) This Constitution explains how these powers will be exercised. (c) Where the law and Constitution are found to be in conflict, the law shall take precedence. In all other cases, no action shall be taken by the Council or its representatives that is contrary to the Constitution. (d) The term ‘Constitution’ refers to these articles and the other three parts of the Constitution (Functions and Decision Making, Standing Orders, People and Values) along with a single Appendix - the Delegations Table. (e) The Chairman of the Council and the Monitoring Officer shall be responsible for ensuring the Constitution is upheld across the authority. (f) The Constitution will be made readily available to Members of the Council, its Officers and the public. (g) The Constitution can only be changed by following agreed processes, or in response to a referendum held according to the law. 2. The Council (a) The role of the Council is to improve the quality of life of the people of Kent. (b) The legitimacy of the Council derives from the people of Kent through the regular election of its 81 Members. (c) The public have the right to attend meetings, access information, and make complaints in the manner set out in law and this Constitution. 3. The Executive (a) The Executive is responsible for all Council functions that are not the responsibility of others under the law or this Constitution. (b) The Executive is responsible for developing policies and ensuring services are delivered to improve the quality of life of Kent residents. (c) The Executive shall develop the annual Budget of the authority. (d) The Executive is accountable to Non-Executive members for the decisions it makes and actions it takes. 2 4. The Member (a) This Council is a Member-led authority. (b) All Members shall seek to ensure that the Council always acts to improve the quality of life of the people of Kent. (c) All Members are to act as the representative of their locality in the activities of the Council. (d) The Leader and Members of the Cabinet are known as the Executive. Other Members are known as Non-Executives. (e) Members are responsible for all formal decisions as set out in this Constitution except where the decision has been delegated to an Officer or where an Officer has a statutory duty as set out in the law. (f) Members are to define and agree the financial and policy frameworks of this authority and act to ensure it operates with enough resources. (g) Members shall ensure all decisions of the authority receive the appropriate level of scrutiny. (h) Members shall have access to the information, land, and buildings necessary to discharge their duties. Members are bound by law and this Constitution to keep certain information confidential. (i) Members shall not ask an Officer to act outside this Constitution or the law. 5. The Officer (a) Officers are responsible for advising and supporting all Members in the decision-making process and for managing and delivering the activity that arises from these decisions. (b) Officers are to act in accordance with this Constitution and advise and support Members in so doing. (c) All Officers are accountable to the Head of Paid Service, the Senior Officer. (d) The Council has several statutory Officers in accordance with the law. 3 Part Two: Functions and Decision-making 6. The Constitution of Kent County Council The 6.1 All authority in the Council derives from Parliament, as expressed in Constitution legislation and statutory guidance from central government of Kent departments. No actions may be taken by the Council, its Members or any Officers beyond these granted powers. County Council 6.2 Kent County Council operates within the law and the Constitution. Where there is a conflict, the law shall take precedence. 6.3 Only full Council may change the name of the Council. 6.4 The full Council has the authority to change any part of the Constitution, except for those Sections set out in 6.5. Amending the Constitution 6.5 The Leader may change the following Sections of the Constitution, with the changes only taking effect once the Monitoring Officer has been informed and the changes have been reported to full Council, subject to the requirements of 6.6: (a) The whole, or any part, of Section 18 for the purposes of managing the powers and business of the Executive. 6.6 Notwithstanding 6.5, where any change to the Constitution results in a transfer of decision-making to an individual, organisation, partnership or joint Committee, the approval of full Council will be required following consideration by the Selection and Member Services Committee. 6.7 The Monitoring Officer has delegated authority from full Council and the Leader to make minor corrections to the Constitution where it does not affect the meaning of the Sections and any purely factual corrections consequent on the exercise of the powers in 6.3-6.6 (Council and Executive) or where it is necessary to ensure compliance with the law. 6.8 The Selection and Member Services Committee has the responsibility to review and make recommendations on changes to the Constitution to the full Council or Leader as determined by the powers set out in 6.4 to 6.6. 6.9 Changes to the content of the Constitution in line with the exercise of powers of delegation must follow the procedures laid out in the relevant part of the Constitution. This includes Executive Member Responsibilities as recorded at 9.8. 6.10 The Constitution may also be changed as a consequence of a referendum held in accordance with Section 34 of the Local Government Act 2000 and The Local Authorities (Referendums) (Petitions) (England) Regulations 2011. 4 6.11 The Constitution shall consist of one document, divided into the Parts of the following four parts: Constitution (a) Articles. (b) Functions and Decision-making. (c) Standing Orders. (d) People and Values. 6.12 There shall only be one formal Appendix to the Constitution, the Delegation Table. In accordance with the requirements of the Constitution, Council and Executive delegations shall be recorded there when not set out elsewhere in the Constitution. Only the Constitution and Delegation Table shall be referred to when determining functions, powers, rights and responsibilities under the Constitution. Any and all other supporting documents do not confer functions, powers, rights, and/or responsibilities in themselves. 6.13 This Constitution makes express provision for the formal governance and meetings of the Council and Executive. It is recognised that arrangements at an operational level are necessary and that these are not reflected in the Constitution but must be consistent with it and are subject to the following: (a) Arrangements for informal governance involving Members and Informal Officers shall be agreed between the Leader and the Head of Paid Governance Service and lodged with the Monitoring Officer who shall make these arrangements available to all Members. (b) The Head of Paid Service is responsible for making arrangements for the management of the organisation from an Officer perspective and is required to provide the Leader and the Monitoring Officer with a copy of these arrangements. 7. The Powers of Council The Powers Reserved Powers of the Council of the Council 7.1 The Council has reserved powers as set out below. All other functions of the Council under the law are exercised by the Leader of the Council in accordance with 8.1 and 9.1. (a) Oversight of the Constitution. (b) Agreeing the Budget and Policy Framework. (c) Appointment and dismissal of the Leader. (d) Appointment of the Leader of the Opposition. 5 (e) Oversight of Members’ conduct and allowances. Functions of the Council (f) Appointment of the Head of Paid Service and dismissal of statutory Officers. (g) Oversight of Scrutiny Committees, Ordinary Committees, and Governance Committees. (h) Setting the financial rules of the Council. (i) Agreeing the overall Management Structure proposed by the Head of Paid Service and determining the terms and conditions of employees as set out in the Personnel Management Rules (Section 25). (j) Making, revoking, amending, or re-enacting by-laws. (k) Promoting or opposing local or personal Bills in Parliament. (l) Oversight of specific functions and delegations in the following areas: i. Town and country planning and development. ii. Regulatory services. iii. Highways. iv. Public paths.
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