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Constitution of Eden District Council

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Constitution of Eden District Council Constitution of Eden District Council Eden District Council Constitution – September 2020 This page is left intentionally blank Eden District Council Constitution – September 2020 2 Contents Page No Part 1 Summary and Explanation 7 Part 2 Articles of the Constitution 13 Article 1 The Constitution 17 Article 2 Members of the Council 19 Article 3 Citizens and the Council 21 Article 4 The Full Council 23 Article 5 Chairing the Council 29 Article 6 Overview and Scrutiny 31 Article 7 The Executive 35 Article 8 Licensing, Quasi-Judicial and Other Committees 39 Article 9 Standards 41 Article 10 Joint Arrangements 45 Article 11 Officers 47 Article 12 Decision Making 53 Article 13 Finance, Contracts and Legal Matters 55 Article 14 Review and Revision of the Constitution 57 Article 15 Suspension, Interpretation and Publication of the 59 Constitution Schedule 1 Description of Executive Arrangements 61 Schedule 2 Roles and Responsibilities of Members 63 Eden District Council Constitution – September 2020 3 Part 3 Responsibility for Functions 73 1. General Limitations 77 2. Responsibility for Local Choice - Functions 79 3. Responsibility for Council Functions - Full Council and 83 Committees 4. Responsibility for Council Functions - Scheme of 91 Delegation to Officers 5. Designation of Proper Officers 101 6. Responsibility for Executive Functions - The Executive 111 Schedule 1 Policy Areas and Executive Functions included in 123 Portfolio Schedule 2 Executive Functions Delegated to Officers 129 Part 4 Rules of Procedure 143 A. Council Procedure Rules 147 B. Access to Information Procedure Rules 169 C. Executive Procedure Rules 179 D. Budget and Policy Framework Procedure Rules 197 E. Committee Procedure Rules 207 F. Scrutiny Procedure Rules 215 G. Accounting and Audit Procedure Rules 229 H. Procurement Rules 251 I. Officer Employment Procedure Rules 265 Eden District Council Constitution – September 2020 4 Part 5 Codes and Protocols 273 A. Members’ Code of Conduct and Guidance on the Code 277 of Conduct B. Protocol on Public and Member Participation in 297 Meetings C. Officers’ Code of Conduct 299 D. Code of Planning Conduct and Practice 307 E. Protocol on Member/Officer Relations 325 F. Filming, Photography, Recording and Use of Social 333 Networking at Council Meetings Policy G. Protocol for the relationship between the Leader of the 335 Council and the Chief Executive H. Protocol for the Monitoring Officer 343 I. Protocol for the Independent Person 349 J. Protocol for the Chairman 355 Part 6 Members’ Allowances Scheme 361 Schedule 1 Special Responsibility Allowance 369 Schedule 2 Approved Duties 370 Schedule 3 Mileage Rates Payable 375 Part 7 Management Structure 377 Eden District Council Constitution – September 2020 5 This page is left intentionally blank Eden District Council Constitution – September 2020 6 Part 1 Summary and Explanation Eden District Council Constitution – September 2020 7 This page is left intentionally blank Eden District Council Constitution – September 2020 8 The Council's Constitution Eden District Council has agreed a Constitution which sets out how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by the law, while others are a matter for the Council to choose. The 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. What's in the Constitution? Article 1 of the Constitution commits the Council to: 1. provide clear leadership to the community in partnership with citizens, businesses and other organisations; 2. support the active involvement of citizens in the process of local authority decision- making; 3. help Members represent their constituents more effectively and enable decisions to be taken efficiently and effectively; 4. create a powerful and effective means of holding decision-makers to public account and ensure that no one will review or scrutinise a decision in which he/she was directly involved; 5. ensure that those responsible for decision-making are clearly identifiable to local people and that they explain the reasons for decisions; and 6. provide a means of improving the delivery of services to the community. Articles 2 to 15 explain the rights of citizens and how the key parts of the Council operate. How the Council operates The Council is composed of 38 Members, elected every four years. Members are democratically accountable to residents of their wards. The overriding duty of Members is to the whole community, but they have a special duty to their constituents, including those who did not vote for them. Members have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties. The Accounts and Governance Committee will oversee the provision of training and advice on the code of conduct. All Members meet together as the Council. This is the legal body that can employ staff, own land and property and enter into contracts. Meetings of the Council are normally open to the public. Here Members decide the Council's overall policies and set the budget each year. The Council, at its annual meeting following the regular election of District Councillors, appoints the Leader for a four year term of office. The Leader selects the Members for his/her Executive, nominates them to the Council for formal appointment and allocates their Portfolios (areas of responsibility). The Council also appoints committees to deal with certain areas of responsibility which are not within the powers of the Executive such as planning applications and other regulatory matters. The Council also appoints scrutiny committees. Eden District Council Constitution – September 2020 9 All committee and Executive meetings are open for the public to attend except where personal or confidential matters are being discussed. Public questions can be raised at all public meetings of the full Council, the Executive and committees. Questions to Executive Members are dealt with at Council meetings. The rules about raising questions are set down in Part 4 of this Constitution in the Council Procedure Rules. How decisions are made The Executive is part of the Council and is responsible for most day-to-day decisions. The Executive is made up of the Council Leader and at least two but no more than nine other Members whom he/she selects. Executive decisions may be made by individual Members, by the Executive as a whole or by Officers acting under powers given to them by the Leader and or the Executive. If the key decisions are to be discussed at a meeting of the Executive, this will be open for the public to attend except where personal or confidential matters are being discussed. The Executive has to make decisions which are in line with the Council’s overall policies and budget. If the Executive wishes to make a decision which is outside the budget or policy framework, this must be referred to the Council to decide. The Council also has committees to carry out a number of regulatory functions, including dealing with planning applications, licensing and any other regulatory business. Scrutiny There is one Scrutiny Co-ordinating Board and two Scrutiny Committees supporting the work of the Executive and the Council as a whole. They allow citizens to have a greater say in Council matters by holding public reviews into matters of local concern. Reports and recommendations can be produced which advise the Executive and the Council as a whole on its policies, budget and service delivery. The Scrutiny Committees monitor the decisions of the Executive. They can 'call-in' a decision which has been made by the Executive but not yet implemented. This call-in power enables them to consider whether the decision is appropriate. A Committee may recommend that the Executive reconsiders the decision. A Committee may also be consulted by the Executive or the Council on forthcoming decisions and the development of policy. The Council's Staff The Council has people working for it (called 'officers') to give advice, implement decisions and manage the day-to-day delivery of its services. Some officers have specific duties such as to ensure that the Council acts within the law and uses its resources wisely. A code of practice governs the relationships between officers and Members of the Council and can be found in Part 5 of this Constitution. Citizens' Rights Citizens have a number of rights in their dealings with the Council. These are set out in more detail in Article 3. Some of these are legal rights, whilst others depend on the Council's own processes. The Citizens' Advice Bureau can advise on individuals' legal rights. Where members of the public use specific Council services they have additional rights. These are not covered in this Constitution. Eden District Council Constitution – September 2020 10 Citizens have the right to: vote in local elections if they are registered to vote; contact their local Member about any matters of concern to them in relation to the activities of the Council; obtain a copy of the Constitution; attend meetings of the Council, its Executive or its Committees except where, for example, personal or confidential matters are being discussed; petition to request a referendum on a mayoral form of Executive; participate in meetings by asking questions and contribute to
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