BASILDON COUNCIL’S CONSTITUTION ‘THE WAY WE WORK’ July 2021 Constitution of Basildon Borough Council Contents Page Part 1 Summary and Explanation 1.1 Part 2 Articles of the Constitution Article 1 The Constitution 2.1 Article 2 Members of the Council 2.3 Article 3 The Local Community and the Council 2.7 Article 4 The Council 2.9 Article 5 Mayor of the Council 2.11 Article 6 Committees 2.13 Article 7 Standards Arrangements 2.15 Article 8 Community Consultation and Participation 2.17 Article 9 Joint Arrangements 2.19 Article 10 Employees 2.21 Article 11 Decision Making 2.25 Article 12 Financial Management, Contracts and Legal Matters 2.27 Article 13 Review and Revision of the Constitution 2.29 Article 14 Suspension, Interpretation and Publication of the 2.31 Constitution Part 3 Responsibility for Functions Schedule 1 Role and functions of Council and delegated powers 3.3 of Committees and Sub-Committees Schedule 2 Scheme of Delegation to Council Officers 3.29 Schedule 3 The “Proper Officer” Provisions 3.49 Schedule 4 Joint Arrangements 3.55 Part 4 Rules of Procedure 4.1 Council Procedure Rules (Standing Orders) 4.1.1 4.2 Committee and Sub-Committee Procedure Rules 4.2.1 4.3 Access to Information Procedure Rules 4.3.1 4.4 Budget and Policy Procedure Rules 4.4.1 4.5 Financial Regulations 4.5.1 4.6 Contract Procedure Rules 4.6.1 4.7 Officer Employment and Disciplinary Procedure Rules 4.7.1 4.8 Urgent Decision Procedure Rules 4.8.1 4.9 Decision Review Procedure Rules 4.9.1 Part 5 Codes and Protocols 5.1 Introduction to Codes and Protocols 5.1.1 5.2 Members’ Code of Conduct 5.2.1 5.3 Supplementary Guidance on Gifts and Hospitality 5.3.1 5.4 Guidelines on Conduct for Basildon Council Employees 5.4.1 5.5 Protocol on Member/Officer Relations 5.5.1 5.6 Guidance Notes on Regulatory Matters: The Role of Members 5.6.1 and Officers 5.7 Protocol Relating to Major and Sensitive Development Matters 5.7.1 5.8 The Appointment of Co-opted Members (without voting rights) 5.8.1 and Related Code of Conduct 5.9 Civic Protocol 5.9.1 5.10 Awards Protocol 5.10.1 5.11 Protocol on the use of Media Tools at Meetings held in public 5.11.1 Part 6 Members’ Allowances Scheme 6.1 Part 7 Members of the Council, Wards, Polling Districts and Membership 7.1 of Committees and Sub-Committees Part 8 Management Structure PART 1 SUMMARY AND EXPLANATION Part 1 - Summary and Explanation (NB - this is not an exhaustive description: for details reference must be made to the full Constitution. This summary and explanation does not form part of the Constitution) 1. The Council’s Constitution The Local Government Act 2000 requires the Council to prepare, keep up-to-date and publicise a document known as the Constitution. This document provides an important means of enabling members of the local community and stakeholders to understand how the Council makes decisions and who is responsible for those decisions. The Constitution is at the heart of the Council’s business. It allocates power and responsibility, and it regulates the behaviour of individuals and groups through codes of conduct, protocols and rules of procedure. The Constitution is divided into fourteen articles which set out the basic rules governing the Council’s business followed by more detailed information including responsibility for discharge of functions, procedures and codes of practice. The Articles are intended to set the overall framework and in general will not be subject to frequent change. They are about what is to be done and by whom. Procedure Rules, Codes of Conduct and the other material located after the Articles are broadly about how the Articles will be put into effect. Article 1 of the Constitution commits the Council to efficient, transparent and accountable decision making so that it will be more open and responsive to the needs and aspirations of the Community. Articles 2–14 explain the rights of members of the local community and how the key parts of the Council will work. 2. How the Council operates The Council is composed of 42 Councillors. One third of the members are elected each year over three years and in every fourth year no elections take place. Councillors are democratically accountable to residents of their ward. The overriding duty of Councillors is to the whole community, including those persons 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. The Council has established a Joint Standards Committee which guides Members on the Code of Conduct and holds them to account as necessary. All Councillors meet together as the Council. Meetings of the Council are normally open to the public. Here Councillors, amongst other things, decide the Council’s policy framework and set the overall budget each year. The Council also has to agree any in year significant changes to the budget and policy framework. The Council also establishes committees and sub-committees and appoints Members to 1.1 these that help the Council operate. At Council meetings members of the public are able to submit questions to leading Councillors on issues of concern to them. Councillors may form themselves into groupings usually based around political parties. In normal circumstances the largest group will form an Administration from which the leading positions in the structure will be filled. Other groups will normally take on the role of opposition to constructively test and challenge the work and views of the Administration. 3. How decisions are made Most decisions on council functions are dealt with by politically balanced committees subject to the general oversight of Council. The main committees are: Policy Executive Resources and Commercial Regeneration and Economic Development Enforcement and Public Order Housing and Estate Renewal Communities and Wellbeing Leisure and Environment Strategic Planning and Infrastructure Scrutiny The Council has adopted procedure rules for review of decisions made by the above committees in certain circumstances. The Chairman of the Policy Executive Committee, who is appointed annually by Council at the Annual Council meeting, also has the title of Leader of the Council and has certain additional responsibilities associated with that role, as set out in Article 2 of this Constitution. The Vice-Chairman of the Policy Executive Committee also has the title of Deputy Leader of the Council and assists and deputises as necessary. The above committees are supported by other committees and sub-committees. The other committees tend to be more specialist in nature such as: Planning Committee Licensing Committee The Council also has an Audit and Risk Committee and a Joint Standards Committee which, in different ways, scrutinise the performance of the Council and its ethical standards. 4. The budget and policy framework The Council from time to time may produce, or review and revise as the case may be, the main policy documents within which all decisions taken by the Council, its committees, sub-committees and officers must in principle be taken. There is provision for limited variations where necessary as a matter of urgency but 1.2 generally speaking variations require reference to Council. Reference should be made to Article 4 of the constitution for the process by which these documents are produced. The key documents will include the Corporate Plan and the Local Plan. There are timetables within which many policy documents must be produced. The documents constitute the Council’s overall policy statement, and decisions by or on behalf of the Council must be aimed at implementing them in letter and in spirit. For the most important policies, policy formulation will be achieved after discussion in Council, but since the Council’s time is finite, the Council also will receive advice on particular policy areas or individual matters from its committees and from Member panels or working parties. These can be created at the request of the Council or by committees. 5. Decision taking Most decisions taken concerning the Council’s functions and in pursuance of the Council’s policy framework will be taken by or under the authority of the Council and its committees and sub-committees. In other words they will be taken by committees or sub‐committees collectively or will have been delegated to officers. Officer delegations appear in the scheme of delegation in the constitution but may be supplemented by other decisions taken from time to time. The Council and its committees meet on a regular basis with scheduled meetings set out in a timetable of meetings approved at the Annual Council Meeting, although there may be additional meetings convened for particular purposes. From time to time the need for a decision arises which cannot wait until the next scheduled meeting of a committee or sub-committee. In certain circumstances provision is made for urgent decisions to be taken and the process by which this is to be done is described in the urgent decision procedure rules. 6. Protocols As many of the Council’s procedures become written down the need arises for more informal documents which set out all parties understanding of how these procedures will be conducted. These protocols deal with topics such as officer/member relations. 7. Joint working The Council has agreed arrangements with other Councils to perform important functions jointly with them. This includes – The South Essex Partnership Joint Committee which includes the borough and district councils of Basildon, Brentwood, Castle Point, Chelmsford, Maldon and Rochford which has responsibility for the ongoing maintenance and enforcement of on street parking restrictions throughout the south of Essex.