COUNCIL CONSTITUTION Revision Date : Friday, 19 February 2021 Section Defined Terms (Pages 1 - 2) Section A - Your Council 1 A1 - An Overview of Cheshire West and Chester (Pages 3 - 10) 2 A2 - Core Objective and Principles of Decision (Pages 11 - 20) Making 3 A3 - Citizen's Rights (Pages 21 - 32) 4 A4 - Coronavirus – Annual Council and Remote (Pages 33 - 36) Meetings Section B - The Council 5 B1 - Council (Pages 37 - 44) 6 B2 - Committees (Pages 45 - 66) 7 B3 - Role of Councillors (Pages 67 - 76) 8 B4 - Council Procedure Rules (Pages 77 - 106) 9 B5 - Committee Procedure Rules (Pages 107 - 134) Section C - The Cabinet (formerly known as the Executive) 10 C1 - The Cabinet (Pages 135 - 148) 11 C2 - Role of Cabinet Members (Pages 149 - 160) 12 C3 - Cabinet Procedure Rules (Pages 161 - 184) Section D - Area and Joint Working Arrangements 13 D1 - Joint Working Arrangements (Pages 185 - 190) 14 D2 - Area Working Arrangements (Pages 191 - 196) Version Control 17 February 2021 Section E - Scrutiny 15 E1 - The Scrutiny Function (Pages 197 - 206) 16 E2 - Role of Scrutiny Members (Pages 207 - 212) 17 E3 - Scrutiny Procedure Rules (Pages 213 - 246) Section F - Officers 18 F1 - Officers (Pages 247 - 254) 19 F2 - Powers of Officers (Pages 255 - 260) 20 F3 - Officer Employment Procedure Rules (Pages 261 - 272) Section G - Appendices 21 G1A - Member Code of Conduct (Pages 273 - 282) 22 G1B - Member Planning Protocol (Pages 283 - 290) 23 G2 - Officer Code of Conduct (Pages 291 - 306) 24 G3 - Member/Officer Relations Protocol (Pages 307 - 318) 25 G4 - Finance and Contract Procedure Rules 25.a AA - Introduction (Pages 319 - 322) 25.b A - Financial Management (Pages 323 - 336) 25.c B - Financial Planning (Pages 337 - 344) 25.d C - Risk Management and Control of (Pages 345 - 358) Resources 25.e D - Financial Systems and Procedures (Pages 359 - 372) 25.f E - Contract Procedure Rules (Pages 373 - 396) 25.g F - External Arrangements (Pages 397 - 402) 25.h G - Collaborative Working (Pages 403 - 410) 25.i H - Glossary (Pages 411 - 416) For further information, please contact: Stephanie Cornes, Democratic Services [email protected] Tom Rawlinson, Democratic Services [email protected] Date of Publication: 19 February 2021 Version Control 17 February 2021 Defined Terms Throughout this constitution we need to use some terms which have particular meanings. Where we do this the meanings of the terms used are set out in each of the sections where they are first used. The following table sets out the meanings of the terms that are used most often in this constitution. Section A1 will also assist readers in understanding the context of what follows in the rest of this constitution. “Budget and Is a term used to describe the core policies and Policy budgets set by Council which set out what the Framework” or borough’s priorities are and how Council will use its “Framework” resources to deliver those priorities “Council” Is a term used to refer to all 70 Members operating collectively at a meeting to debate matters or take decisions. “the Is a term used to refer to the organisation that is council”/”the Cheshire West and Chester Borough Council as a Authority” whole (as opposed to just the 70 Members operating collectively in decision making mode). The term “the Authority” is also used in the same context as the term “the council”. “Cabinet” The Cabinet is a small group of Members responsible for ensuring the budget and policy Framework is implemented. “Key Decision” Is a term used to describe certain types of significant decisions. The precise definition is set out in Section C3. “Leader” Is a term used to refer to the Leader of the Council who is a Member elected by Council to exercise special responsibilities and to chair the Cabinet. “Member/s” Is shorthand for “elected Member/s of the council”, often used instead of the word “councillor/s”. “Officers” Is a term used to describe the people who work for or with the council to deliver the services it is responsible for delivering. There are certain “Statutory” or “Proper” officers who have certain responsibilities (and titles) set out by law. “Chief Officers” are any of the Chief Executive or Directors. More information is contained in Section F. The Constitution Defined Terms Updated 6 May 2019 Page 1 Version Control 17 February 2021 This page is intentionally left blank Part A – Your Council Section A1 - An Overview of Cheshire West and Chester Borough Council In Part A:- This Section (A1) of the constitution provides an overview of the key components of Cheshire West and Chester Borough Council and a brief explanation of what they do and how they operate. The key components are:- • Council • the Cabinet • Area and Joint Working Arrangements • Scrutiny Committees • Officers The rest of the constitution contains more detailed information about each of these components and how they operate. Section A2 explains the core objective of the council’s approach to decision making and outlines how this objective is achieved. It sets out the principles that all decision makers must follow. Section A3 explains some of the rights and responsibilities of the people who live and work in the borough and how they can get involved in everything that the council does. It also explains how citizens can submit a petition to the council. Section A4 explains arrangements during Coronavirus restrictions for Annual Council, remote meetings and remote access to meetings. The Constitution PART A - YOUR COUNCIL - Section A1:- An Overview of Cheshire West and Chester Borough Council Updated 29 April 2020 Page 3 Version Control 17 February 2021 Part A – Your Council Section A1:- An Overview of Cheshire West and Chester Borough Council In this Section:- 1. The Council 2. The Cabinet 3. The Relationship Between Council and the Cabinet 4. Local Authority Functions and Powers 5. Distribution and Delegation of Functions and Powers • Council Functions • Council Committees and Officers • Cabinet Functions (known in law as Executive Functions) 6. Scrutiny 7. Area and Joint Working Arrangements 8. Officers The Constitution PART A - YOUR COUNCIL - Section A1:- An Overview of Cheshire West and Chester Borough Council Updated 29 April 2020 Page 4 Version Control 17 February 2021 1. The Council 1.1 Every four years the residents of the borough of Cheshire West and Chester elect 70 Councillors (known as members of the council, or simply “Members”) to represent them. 1.2 The phrase “the council” is generally used to refer to Cheshire West and Chester Borough Council as a whole. The term “Council” is used to mean all 70 Members acting collectively. It is these Members who are responsible for deciding what the borough’s priorities are and how to use the council’s resources to deliver those priorities. 1.3 More information about the roles and responsibilities of Council and how it operates can be found in Section B. 2. The Cabinet 2.1 The Cabinet is a group of Members which meets regularly and is responsible for formulating proposals to Council about what the borough’s priorities should be, and how Council should use its resources to deliver them. Once agreed by Council, these proposals become the council’s “Budget and Policy Framework” (or simply the “Framework”). 2.2 The Cabinet is then responsible for making all of the necessary arrangements to ensure that the priorities identified by Council are delivered within the budgets and policies which Council sets. 2.3 More information about the roles and responsibilities of the Cabinet, individual Cabinet Members and how they operate can be found in Section C. 3. The Relationship Between Council and the Cabinet 3.1 Following elections to the council, Council choses one Member to be the Leader of the Council (“the Leader”). The Leader then chooses between 2 and 9 more Members to form the Cabinet. 3.2 The Cabinet recommends the Framework to Council, but Council decides whether or not to adopt it. Council may adopt the Cabinet’s proposals either The Constitution PART A - YOUR COUNCIL - Section A1:- An Overview of Cheshire West and Chester Borough Council Updated 29 April 2020 Page 5 Version Control 17 February 2021 with or without amendments. It may also choose to formulate and adopt its own Framework. 3.3 Once the Council adopts the Framework, the Cabinet is responsible for implementing it. The Cabinet has a lot of discretion as to how it implements the Framework but it must always act in accordance with the Framework set down by Council. Ultimately, the Cabinet is accountable to Council for its performance. 4. Local Authority Functions and Powers 4.1 Local authorities have a wide range of legal powers. They have powers to carry out the various legal duties or functions required of them by law (“mandatory functions”), and to engage in a wide range of other activities, either to supplement their mandatory functions, or to generally improve the wellbeing of their area (“discretionary functions”). 4.2 The law separates local authority functions (whether mandatory or discretionary), and any associated powers, into three main classes. 4.3 The first class of functions are functions which cannot be the sole responsibility of the Cabinet (referred to in the legislation as the Executive). An example of this class of function would be the process of adopting the Budget and Policy Framework. That is a function which is shared between the Cabinet and Council as explained above. 4.4 The second class of functions are functions which cannot be the responsibility of the Cabinet. These are mainly functions which are often described as “regulatory” functions, such as deciding planning and licensing applications, which must be discharged by Council.