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Constitution of the Council

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Constitution of the Council CONSTITUTION OF THE COUNCIL CONTENTS Page No. Part 1 Summary and Explanation 4 Part 2 Articles of the Constitution 7 Article 1 The Constitution 8 Article 2 Members of the Council 8 Article 3 Citizens and the Council 9 Article 4 The Full Council 10 Article 5 Chairing the Council 11 Article 6 The Leader of the Council 11 Article 7 Committees 11 Article 8 Standards 12 Article 9 Joint Arrangements 13 Article 10 Officers 14 Article 11 Decision Making 16 Article 12 Finance, Contracts and Legal 17 Matters Article 13 Review, Revision, Suspension, 18 Interpretation and Publication of the Constitution Part 3 Responsibility for Functions 19 Council Functions 20 Terms of Reference for Council and Committees 21 Officer Delegation Scheme 28 Proper Officer and Statutory Officer Appointments 60 Part 4 Rules of Procedure 66 Council Procedure Rules 67 Committee Procedure Rules 80 Access to Information Procedure Rules 86 Financial Procedure Rules 93 Contracts Procedure Rules 147 Part 5 Codes and Protocols 179 Members’ Code of Conduct 180 Code of Conduct for Employees 186 Staff Employment Procedure Rules 195 Protocol on Member/Officer Relationships 198 Role of a Councillor – Guidelines 203 Role of Committee Members – Guidelines 205 Role of Mayor and Deputy Mayor 206 Petition Scheme 207 Protocol for Recording of Council Meetings 210 2 Part 6 Members’ Allowances Scheme 212 Members’ Allowances Scheme 213 Part 7 Organisation Structure 217 Organisation Structure 218 3 PART 1 SUMMARY AND EXPLANATION 4 The Council’s Constitution This constitution 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 law, while others are a matter for the Council to choose. The Constitution is divided into 13 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 providing clear leadership, to involving people in decision making and to ensuring that decisions are effective and transparent. Articles 2 to 13 explain the rights of citizens and how the key parts of the Council operate. How the Council operates The Council is composed of 49 councillors with one-third elected three years in four. Councillors are democratically accountable to residents of their ward. The overriding duty of councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them. Councillors have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties. All councillors meet together as the Council. Meetings of the Council are normally open to the public. Here councillors decide the Council’s overall policies and set the budget each year. The Council appoints a Leader and Deputy Leader. Once appointed, the Leader remains in office until the next Annual Meeting of the Council. The Leader only ceases to be Leader before that time because of death or disqualification or following a vote to remove the Leader in accordance with this Constitution. How decisions are made The Council operates a committee system. Committees are appointed by the Council and take decisions in accordance with their terms of reference. In addition senior officers of the Council are authorised to act by delegation of powers from the Council. The Council’s Staff The Council has people working for it to give advice, implement decisions and manage the day-to-day delivery of its services. Some employees have a specific duty to ensure that the Council acts within the law and uses its resources wisely. A code of practice governs the relationships between employees and members of the council. 5 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 local Citizens’ Advice Bureau and other advice agencies can advise on individuals’ legal rights. The Council welcomes participation by its citizens in its work. For further information on the rights as a citizen, please contact Democratic Services on telephone 01282 661648. 6 PART 2 ARTICLES OF THE CONSTITUTION 7 ARTICLE 1 – THE CONSTITUTION 1.01 The Powers of the Council The Council will exercise all its powers and duties in accordance with the law and this Constitution. 1.02 The Constitution The Constitution, and all its appendices, is known as the Pendle Borough Council Constitution. 1.03 Purpose of the Constitution The purpose of the Constitution is to: Enable the council to provide clear leadership to the community in partnership with citizens, businesses and other organisations; Support the active involvement of citizens in the process of the Council’s decision making; Help Councillors represent their constituents more effectively; Create a powerful and effective means of holding decision makers to public account; Ensure that those responsible for decision making are clearly identifiable to local people and that they explain the reasons for their decisions; and Provide a means of improving the delivery of services to the community. 1.04 Interpretation and Review of the Constitution Where the Constitution permits the Council to choose between different courses of action, the Council will always choose that option which it thinks is closest to the purposes stated above. The Council will monitor and evaluate the operation of the Constitution as set out in Article 13. ARTICLE 2 – MEMBERS OF THE COUNCIL 2.01 Composition and Eligibility (a) Composition The Council will comprise 49 Councillors, elected by the voters of each ward in accordance with a scheme drawn up by the Local Government Boundary Commission and approved by the Secretary of State. (b) Eligibility Only registered voters of the Pendle district or those living or working there will be eligible to hold the office of Councillor. 8 2.02 Election and Terms of Councillors The ordinary election of a third (or as near as may be) of all Councillors is held on the first Thursday in May in each year, except that (as from 2021 and every fourth year after) there will be no regular election. The terms of office of Councillors will be four years starting on the fourth day after being elected and finishing on the fourth day after the date of the regular election four years later. 2.03 Roles and Functions of all Councillors (a) Key Roles All Councillors will: Represent their communities and bring their views into the Council’s decision making process, i.e., become the advocate of and for their communities; Deal with individual casework and act as an advocate for constituents in resolving particular concerns or grievances; Balance different interests identified within their ward and represent the ward as a whole; Participate in the governance and management of the Council; Be available to represent the Council on other bodies; and Maintain the highest standards of conduct and ethics. (b) Rights and Duties Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law; Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it; For these purposes “confidential” and “exempt” information are defined in the Access to Information Rules in Part 4 of this Constitution. 2.04 Conduct Councillors will at all times observe the Members’ Code of Conduct and the Protocol on Member/Officer relations set out in Part 5 of this Constitution. 2.05 Allowances Councillors will be entitled to receive allowances in accordance with the Members’ Allowances Scheme set out in Part 6 of this Constitution. ARTICLE 3 – CITIZENS AND THE COUNCIL 3.01 Citizens’ Rights Citizens have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Rules in Part 4 of this Constitution. 9 (a) Voting and Petitions Citizens on the electoral register for the area have the right to vote and sign a petition to request a referendum for an elected mayor form of governance. Citizens may submit a petition on any matter affecting the Borough or its inhabitants. (b) Information Citizens have the right to: Attend meetings of the Council, and its committees except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private; See reports and background papers, and any records of decisions made by the Council and its committees; and Inspect the Council’s accounts and make their views known to and question the external auditor. (c) Participation Citizens have the right to participate in question time at committees and address Councillors at most meetings. (d) Complaints Citizens have the right to complain to: The Council itself under its Complaints Scheme; The Ombudsman after using the Council’s own Complaints Scheme; The Monitoring Officer of the Council about a breach of the Councillor’s Code of Conduct. 3.02 Citizens’ Responsibilities Citizens must not be violent, abusive or threatening to Councillors or employees and must not wilfully harm things owned by the Council, Councillors or employees. ARTICLE 4 – THE COUNCIL 4.01 Meanings (a) Policy Framework The policy framework means the strategic plan and other plans and strategies as determined by the Council from time to time.
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