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You are here: Home / About The Council / Council And Democracy

The Constitution - Part One

Table of Contents

Chapter 1 - Purpose and Interpretation of the Constitution

Chapter 2 - Members of the Council

Chapter 3 - Citizens and the Council

Chapter 4 - The Role of the Full Council

Chapter 5 - The Mayor and Deputy Mayor

Chapter 6 - The Executive

Chapter 7 - Overview and Scrutiny

Chapter 8 - Non-Executive (Regulatory) Functions

Chapter 9 - Standards Committee

Chapter 10 - The Council's Officers

Chapter 11 - Decision making

Chapter 12 - Joint arrangements

Chapter 13 - Legal, Financial and Contract Matters

Chapter 14 - Review and revision of the Constitution

Chapter 15 - Interpreting the Constitution : Suspending the Constitution

Chapter 16 - Codes of Conduct

Appendix 1 - Roles of Members as Councillors

Appendix 2 - Role of Mayor

Appendix 3 - Role of Deputy Mayor

Appendix 4 - Role of Executive Leader

Appendix 5 - Role of an Executive Member

Appendix 5 (Annexe) - Executive Portfolios including Specific Service Responsibilities

Appendix 6.1 - Role of Chairman of Scrutiny Board

Appendix 6.2 - Role of Chairmen of Review Panels 58

Appendix 7 - Role of Chairman of Planning Development Control Committee

Appendix 8 - Role of Chairman of Licensing and Regulatory Affairs Committee

Appendix 9 - Role of Chairman of Appeals Committee

Appendix 10 - Role of Chairman of Audit Committee

Appendix 11 - Role of Chairman of Standards Committee

Chapter 1 - Purpose and Interpretation of the Constitution

1.1 The Borough Council is committed to exercising its powers, duties and responsibilities:

  1. lawfully;
  2. fairly and equitably;
  3. openly and transparently;
  4. in accordance with the interests of the community of Fareham as a whole, taking account of more local interests as appropriate;
  5. in accordance with this Constitution.

Constitution Document

1.2 This document, with its various attachments, is the Constitution of Fareham Borough Council ("the Constitution").

Purpose of the Constitution

1.3 The purpose of the Constitution is to set out in a single document how the Borough Council works and how it makes decisions. It also provides the Council with an operational framework to do its job and to meet its Corporate Objectives.

1.4 Setting out in the Constitution the way in which the Council works is intended to:

  1. enable the Council to provide appropriate leadership to the community in partnership with local people, businesses and other organisations;
  2. support the involvement of local people in the process of local authority decision-making;
  3. help councillors to represent their constituents effectively;
  4. enable decisions to be taken efficiently and effectively;
  5. create an effective means of holding decision-makers to public account;
  6. ensure that no member or officer of the Council will review or scrutinise a decision in which they were directly involved;
  7. provide a means of improving the delivery of services to the local community;
  8. ensure that all members and employees of the Council maintain the highest standards of conduct.

Review of the Constitution

1.5 The Borough Council will regularly monitor and evaluate the operation of the Constitution, advised by its Monitoring Officer.

Interpretation

1.6 For the purposes of the Constitution, the following definitions, except where otherwise stated, will apply:

Budget - the Budget includes the allocation of financial resources to different services and projects, proposed contingency funds, setting the Council Tax and decisions relating to the control of the Council?s borrowing requirement, the control of its capital expenditure and the setting of virement limits.

Policy Framework - means the following Plans and Strategies:

  1. Sustainable Community Strategy;
  2. Housing Strategy;
  3. Crime and Disorder Reduction Strategy;
  4. Food Safety Service Plan;
  5. Licensing Policy;
  6. Plans and Alterations comprising the Development Plan;
  7. Development Plan Documents;
  8. Community Safety Strategy;
  9. Corporate Vision, Values, Objectives and Priority Actions.

Chapter 2 - Members of the Council

Composition

2.1 The Council has 31 members, known as councillors. Each councillor represents one of the wards in the Borough and is elected by the voters on the electoral roll for that ward, in accordance with a scheme drawn up by the former Local Government Commission (now Boundary Committee) and approved by the Secretary of State.

Eligibility

2.2 Only registered voters within the Borough area, or those living or working there, will be eligible to stand for election and hold the office of councillor.

Election and terms of office of councillors

2.3 Fareham's councillors are elected half at a time; that is, 15 seats will be contested at one election and 16 seats at the next. The elections usually take place on the first Thursday in May, unless the Government legislates otherwise.

2.4 The term of office of each councillor will be four years, starting on the fourth day after being elected and finishing after the date of the regular election four years later.

2.5 In the event of any person elected at the ordinary elections ceasing to be a councillor, the Council shall declare a vacancy in accordance with the statutory provisions in force at that time. The term of office of the person elected to fill the vacancy shall be for the remainder of the period of office of the previous holder of that office of councillor.

Roles and functions of all councillors

2.6 The roles and functions of all councillors will be as set out in this Constitution. In undertaking these roles, councillors are expected to maintain the highest standards of ethics and conduct and at all times to comply with the statutory provisions relating to the office of councillor and the Council's Code of Conduct for Members.

2.7 Councillors will have such rights of access to documents, information, land and buildings of the Council as are necessary for them to perform their functions properly, in accordance with the spirit and intent of this Constitution. Councillors will not make public, information that is confidential or exempt without the specific consent of the Council or divulge information given in confidence to any person other than a councillor or officer who is entitled to know it. For this purpose, 'confidential' and 'exempt' information is as defined in the Access to Information Procedure Rules in Part 3 of this Constitution.

Conduct

2.8 Councillors will at all times observe the Council's Code of Conduct for Members set out in Part 5 of this Constitution.

Allowances

2.9 Councillors will be entitled to receive allowances in accordance with the Members' Allowances Scheme set out in Part 5 of this Constitution.

Membership of the Council, the Executive, Scrutiny Board, Review Panels and Committees of the Council

2.10 The names and addresses of the members of the Council are set out in Part 8 of this Constitution. That part of the Constitution also contains details of the membership of the Executive and all Panels and Committees of the Council.

2.11 The Director of Regulatory and Democratic Services will be the Proper Officer responsible for maintaining this information.

Chapter 3 - Citizens and the Council

Citizen's rights

3.1 The rights of local citizens to have access to information and to participate are explained in more detail in the Access to Information Procedure Rules in Part 3 of this Constitution.

Voting and Petitions

3.2 Citizens on the electoral roll for the Borough Council's area have the right to vote and sign a petition to request a referendum for an elected mayor form of Constitution. There can be no more than one referendum in any one period of five years. The Local Authorities' (Referendums) (Petitions and Directions) (England) Regulations 2000 state that where a local authority receives a petition for a referendum for an elected mayor, signed by at least five per cent of the local electorate, the Council must hold such a referendum.

Rights to information

3.3 Local citizens have the right to:

  1. attend all meetings of the Council, the Executive, the Scrutiny Board, policy development and review Panels, committees and sub-committees, except during items where confidential or exempt information is likely to be disclosed (in which case the meeting is held in private)
  2. find out from the Forward Plan what key decisions the Executive will take and when. A key decision is defined as one that is likely:

    to result in the Council incurring expenditure or making savings which are significant in terms of the budget for the service or function to which it relates; or

    to be significant in terms of its effect on two or more of the Borough's electoral wards.

    (Subject to exceptions in cases of emergency, a Forward Plan must contain details of all matters likely to be the subject of key decisions for the next four months)
  3. see reports and background papers and any records of decisions made by the Council, the Executive, the Scrutiny Board, Review Panels, committees and sub-committees
  4. inspect the Council's accounts and make their views known to the Council's External Auditors

Participation and Consultation

3.4 Citizens have the right to participate in meetings of the Council, the Executive, the Scrutiny Board, Review Panels and Committees by submitting a deputation. Details of the arrangements that apply to the submission of deputations are set out in Part 3 of this Constitution. Citizens can expect to be consulted on significant issues on either a local or Borough-wide basis, depending on the nature of the matter and its relative effect on the community. The Council has well-developed arrangements for consultation on key areas of its activities and has established Community Action Teams across the Borough in partnership with other public authorities such as the police and county council.

Complaints

3.5 Citizens have the right to complain to:

  1. the Council under its complaints scheme;
  2. the Local Government Ombudsman if, after using the Council's own complaints scheme, he or she still remains dissatisfied at the Council's response;
  3. the Standards Committee of the Council, concerning any alleged breach of the Council's Code of Conduct for Members.

Citizens' Responsibilities

3.6 Citizens are expected to conduct themselves in a reasonable manner, in line with normally-accepted standards in a civilised society, when they deal with councillors or officers and attend any meetings of the Council, the Executive, the Scrutiny Board, Review Panels and Committees. In particular, citizens must not be violent, abusing or threatening to councillors or Council employees and must not wilfully harm items owned by the Council, councillors or employees.

Chapter 4 - The Role of the Full Council

Functions reserved to the full Council

4.1 In addition to any responsibilities described or referred to elsewhere in this Constitution, only the Borough Council will discharge those functions and make decisions on all matters which the law specifically requires the full Council to make. In particular, only the full Council will exercise the following functions:

  1. adopting the Constitution and any subsequent changes to it;
  2. adopting the Council's Code of Conduct for Members;
  3. approving or adopting the Council's Policy Framework, Budget and any application to the Secretary of State in respect of any Housing Land Transfer;
  4. taking decisions which are not the responsibility of the Executive and which have not been delegated by the Council to committees, sub-committees or officers of the Council;
  5. subject to the urgency procedure contained in the Access to Information Procedure Rules in Part 3 of this Constitution, making decisions about any matter in the discharge of an Executive function which is covered by the Policy Framework or the Budget, where the decision maker is minded to make it in a manner which would be contrary to the Policy Framework or contrary to/or not wholly in accordance with the Budget;
  6. appointing the Executive Leader and members of the Executive;
  7. agreeing and/or amending the terms of reference of Committees and Panels established by the Council, deciding on their composition and making appointments to them;
  8. appointing representatives to outside bodies, unless the appointment is an Executive function or the appointments have been delegated by the Council
  9. adopting a members' allowances scheme;
  10. changing the name of the area;
  11. conferring the title of honorary alderman or granting the freedom of the Borough;
  12. making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal Bills;
  13. all local choice functions set out in Part 2 of this Constitution which the Council decides should be undertaken by itself rather than by the Executive.
  14. All other matters which by law must be reserved to the Council

4.2 At the appropriate time, on each occasion as it arises, a committee of the Council will be established for the appointment of the Chief Executive Officer, Chief Officers and, unless otherwise delegated, Deputy Chief Officers.

Appointment of the Chief Executive Officer and Chief Officers

4.3 The role of the full Council and the Executive in the arrangements for the recruitment of the Chief Executive Officer and Chief Officers will be in accordance with Chapter 10 of this part of the Constitution and the provisions contained in the Standing Orders with respect to the Appointment, Dismissal and Discipline of Employees, attached in Part 4 of this Constitution.

Council meetings

4.4 There are three types of full Council meetings:

  1. the annual meeting;
  2. ordinary meetings;
  3. extraordinary meetings.

4.5 All such meetings of the full Council will be conducted in accordance with the Standing Orders with respect to Meetings set out in Part 4 of this Constitution.

Responsibility for functions and delegations

4.6 The full Council will maintain the information in Part 2 of this Constitution in respect of the responsibilities and delegation arrangements for the Council's functions that are not the responsibility of the Executive.

Chapter 5 - The Mayor and Deputy Mayor

Election

5.1 The Mayor and Deputy Mayor will be elected by the Full Council at its Annual Meeting. The Mayor will be the Civic Head of the Council.

Functions

5.2 The Mayor will, if present, preside over all meetings of the full Council and ensure that the meeting is held in accordance with the Standing Orders of the Council with respect to Meetings, as set out in Part 4 of this Constitution. In his/her absence, such duties will be undertaken by the Deputy Mayor.

5.3 The Mayor will represent the Council, or will be entitled, should the Deputy Mayor be unable to attend, to appoint another Councillor to represent the Council, at all formal ceremonial occasions as may be appropriate, within and outside the Borough.

5.4 The duties and responsibilities of the Mayor and Deputy Mayor are described in more detail in Appendices 2 and 3 to this Part of the Constitution.

Chapter 6 - The Executive

Form of Executive

6.1 The Executive will be in the form of an Executive Leader and Executive, as provided for in Section 11(3) of the Local Government Act 2000.

Form and composition

6.2 The Executive will consist of six members, including the Executive Leader of the Council, subject to the provisions of paragraph 6.17.

6.3 Except where otherwise provided for by legislation or in this Constitution, the Executive will be responsible for all functions of and matters affecting the Council. Such duties, particularly in respect of those functions referred to in Regulations 3 and 4 of the Local Authorities (Functions and Responsibilities) Regulations 2000, are set out in more detail in Part 2 of this Constitution.

Meetings

6.4 Proceedings of meetings of the Executive will take place in accordance with the provisions of the Council's Standing Orders with respect to Meetings as set out in Part 4 of this Constitution.

6.5 The Chief Executive Officer will be responsible for calling all Executive meetings in accordance with the provisions contained within the Council's Standing Orders for Meetings.

6.6 Meetings of the Executive and any of its Committees or Sub-Committees at which Key Decisions are to be taken, will be held in public except in those circumstances, as provided for in the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000, where meetings may be held in private. The Executive may determine whether meetings relating to matters that are not Key Decisions will be held in public or private.

6.7 The quorum for meetings of the Executive will be three.

Responsibility for functions and delegations

6.8 The Chief Executive Officer will maintain the information set out in Part 2 of this Constitution to show which individual members of the Executive, Committees or Sub-Committees of the Executive, officers or through joint arrangements are responsible for the exercise of particular functions.

6.9 The Chief Executive Officer will be responsible for ensuring that a register of powers delegated to individual councillors and employees is maintained at all times. This Register of Delegations will be placed on deposit at the offices of the Borough Council and will be available for public inspection during normal office hours.

Executive Leader

6.10 The Executive Leader will act as the principal political leader of the Council. The particular duties and responsibilities assigned to the role will be as described in Appendix 4 to Part 1 of this Constitution. The Executive Leader will be a Councillor elected by the Council at the Annual Meeting of the Council in accordance with the Council's Standing Orders for Meetings. The Executive Leader of the Council will be eligible to stand for re-election.

6.11 The term of office of the Executive Leader will be for two years or until one of the following events occur:

  1. he or she resigns from office;
  2. he or she is suspended from being a Councillor under Part 3 of the Local Government Act 2000 (although he or she may resume office at the end of any period of suspension);
  3. he or she is no longer a councillor;
  4. he or she is removed from office by resolution of the Council.

The Executive

6.12 The Council will appoint the members of the Executive at its Annual Meeting.

6.13 The Executive Leader of the Council will allocate responsibility for the functions of the Executive between the members of the Executive.

6.14 The Executive Leader of the Council will appoint a Deputy Executive Leader from amongst the members of the Executive The Deputy Executive Leader will, in addition to any other responsibilities arising from his/her membership of the Executive, have all the powers and duties of the Executive Leader in the Executive Leader's absence.

6.15 The term of office of each member of the Executive will be two years or until one of the following events occur:

  1. he or she resigns from the office;
  2. he or she is suspended from being a Councillor under Part 3 of the Local Government Act 2000;
  3. he or she is no longer a councillor;
  4. he or she is removed from office by resolution of the Council.

6.16 The full Council may, however, at its own volition or on a recommendation from the Executive Leader, amend the number of members of the Executive, subject to any legislative requirements applicable to changes to the Council's Constitution or its executive arrangements.

Appointment of the Council's Chief Executive Officer, Directors and Chief Officers

6.17 The roles of the Executive and the Council in the recruitment of the Council's Chief Executive Officer, Directors, Chief Officers and Deputy Chief Officers will be in accordance Chapter 10 of this part of the Constitution and with the provisions contained in the Standing Orders with respect to the Appointment, Dismissal and Discipline of Employees, set out in Part 4 of this Constitution.

Strategic Plans, Policy and Budget Setting

6.18 The full Council will be responsible for the adoption of its Policy Framework and Budgets as set out in this Constitution. Once these have been adopted, it will be the responsibility of the Executive to implement them. The Executive will be responsible for initiating, preparing, amending and making recommendations to the Council on all matters relating to the Policy Framework and Budgets of the Council. The responsibilities of the Scrutiny Board and its Review Panels and of the ordinary committees in relation to the preparation of the Policy Framework and the Budget will be as consultees, representing the views of the community. The actual arrangements for determining these various issues will be in accordance with the provisions contained in Part 3 of this Constitution.

Forward Plans and key decisions

6.19 The Executive Leader will be responsible for preparing Forward Plans in accordance with the provisions set out in Part 3 of this Constitution.

Decision-making where an Executive member is absent

6.20 Where an Executive Member is absent or otherwise unable to act and action on any matter delegated to him/her is required, the Executive Leader may take that action himself or delegate responsibility for it to another Executive Member

Records of decisions

6.20 Every decision of the Executive or an Executive Member must be taken and recorded in accordance with the Executive Arrangements (Decisions, Documents and Meetings) (England) Regulations 2000 and in accordance with the provisions set out in Part 3 of this Constitution.

The role of Proper Officers

6.21 The provisions set out in Part 3 of this Constitution identify the Proper Officers' appointed by the Council, together with their roles and responsibilities in respect of the recording and timing of the publication of Executive decisions.

Letting of contracts

6.21 Where any decision of the Executive relates to the letting of a contract, an employee or employees of the Council with delegated powers for this purpose must sign such a contract, in accordance with the Council's Standing Orders with respect to Contracts. No members will sign contracts.

Decisions outside the Policy Framework and Budget

6.22 All decisions taken by the Executive, Executive Members and employees should be in accordance with the Council's approved Policy Framework and budgets. In any case where the Chief Executive Officer, Monitoring Officer or Chief Finance Officer advises that a proposed decision is contrary to the Policy Framework or budget, the Executive will refer the matter to the full Council for decision, unless it is urgent in which case it will be dealt with under the provisions of paragraph 6.30 below.

Urgent decisions

6.23 The provisions in Part 3 of this Constitution will apply where it is considered that a decision on any matter is required urgently in the interests of the functions and services administered by the Council. These provisions will apply to decisions taken by the Executive, by individual members or, through delegated powers, by officers.

Disputes

6.24 In the event that the Council is unwilling to adopt a policy, proposal or a budget submitted to it by the Executive, the arrangements for resolving such disagreement will be in accordance with the arrangements in Part 3 of this Constitution.

Publicity

6.25 The Executive will have powers to issue news releases and carry out such other publicity initiatives as it deems necessary for the furtherance of the objectives of the Council. This will include the dissemination of any information relating to the functions and services of the Council and any action that the Council may take or wish to take for the benefit of residents and other interested parties within the Borough.

Employee support

6.26 The Chief Executive Officer will ensure that appropriate arrangements are made to provide adequate employee support to the Executive and any other democratic meetings or processes.

Opposition Spokesmen

6.27 Each political group not represented on the Executive may appoint spokesmen for executive functions. The number of such spokesmen appointed by any group shall include the group leader and may not exceed the number of members of the Executive. The group leader shall act as the group's spokesman on the areas of responsibility held by the Executive Leader and each other member so appointed shall act as their group„s spokesman on one or more areas of Executive responsibility held by other members of the Executive. A group shall not appoint more than one spokesman for any one area of Executive responsibility. Such appointments may be made at the Annual Council meeting, at any other Council meeting or within seven days of any change in the areas of Executive responsibility by written notice from the group leader to the Chief Executive Officer. Where such appointments are made otherwise than at a Council meeting, the Council shall be advised of them at its next meeting.

Chapter 7 - Overview and Scrutiny

7.1 Under the terms of the Local Government Act 2000, the Council must establish at least one Overview and Scrutiny committee. The Council has decided to appoint the Scrutiny Board and five Policy Development and Review Panels to undertake the functions conferred by Section 21 of the Act. Representation on the Scrutiny Board and Policy Development and Review Panels will be in the same proportion as the political composition of the whole Council, in accordance with the proportionality rules contained within the Local Government and Housing Act 1989. Members of the Executive will not be eligible for appointment as a member of the Scrutiny Board or any of the Policy Development and Review Panels.

Membership

7.2 The Council will appoint the Scrutiny Board and the Policy Development and Review Panels at its Annual Meeting. The Board will consist of nine councillors, provided that the Council may at any time amend the number, terms of reference and membership of the Board, subject to such changes ensuring that the functions conferred by Section 21 of the Local Government Act 2000 will be undertaken.

Functions

7.3 The functions of the Policy Development and Review Panels will be:

  1. To assist the Council and the Executive in the development of policy and, in particular, the preparation, review and amendment of the Council's policy framework, budget, community strategy or similar documents as the Executive may recommend to the Council for adoption;
  2. To formulate new policy proposals for consideration by the Executive.

7.4 The Terms of Reference of the Board and Panels will be in accordance with the provisions in Part 2 of this Constitution.

Chairmen

7.5 The roles of the Chairmen of the Scrutiny Board and the Policy Development and Review Panels will be as described in Appendix 6 to this part of the Constitution.

Co-opted members

7.6 Where the Council, at its discretion, considers that co-opted members with particular skills and expertise will enhance the work of a Panel, it may appoint non-councillors without voting rights to all or any such Panel. The Scrutiny Board and the Policy Development and Review Panels may also co-opt non-councillors as they deem appropriate, subject to such co-opted members having no voting rights.

Work programmes

7.7 The Scrutiny Board and Policy Development and Review Panels will prepare and submit to the full Council, an annual programme of work to be undertaken during the forthcoming year. This programme will provide for the Scrutiny Board to scrutinise the performance of the Executive and, where appropriate, the Council's ordinary committees against the Council's approved policies and budgets and for each Panel to carry out reviews of Council policies. The Council, Executive and ordinary committees may, at any time, request the Scrutiny Board and Policy Development and Review Panels to undertake additional policy or performance reviews. The Scrutiny Board and the Panels will have the powers described in Part 3 of this Constitution to assist them in their work.

Meetings

7.8 Meetings of the Scrutiny Board and the Policy Development and Review Panels will be held in public except where confidential or exempt information is being discussed, when the provisions of Section 100A to 100K and Schedule 12A of the Local Government Act 1972 will apply. The proceedings of meetings of the Scrutiny Board and Policy Development and Review Panels will take place in accordance with the Standing Orders with respect to Meetings set out in Part 4 of this Constitution.

Access to Information

7.9 For the purposes of undertaking the roles specified above, the members of the Scrutiny Board and Review Panels will have the right of access to all papers, reports, minutes and records submitted to and produced by the Executive, Executive Members, ordinary committees and officers of the Council, in accordance with the arrangements in Part 3 of this Constitution.

7.10 A member of the Scrutiny Board or of a Policy Development and Review Panel must not be involved in scrutinising a decision in which he/she has been directly involved.

Relationships

7.11 The arrangements set out in Part 3 of this Constitution describe the relationships that will apply between the Scrutiny Board and Policy Development and Review Panels and the Executive and other committees. These arrangements will also apply to relationships between members of the Scrutiny Board, the Panels and the Council's officers.

'Whipping'

7.12 In the interests of openness and accountability, members will be expected to disclose, at the commencement of all Scrutiny Board or Policy Development and Review Panel meetings, any advice or directions received from their Group Leader or their Political Group, on the views to be expressed on a particular issue or on the way that they should vote. The Chief Executive Officer will be responsible for ensuring that the minutes of the meetings record all such disclosures.

Chapter 8 - Non-Executive (Regulatory) Functions

8.1 Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 makes provision for functions that are not to be the responsibility of the Council's Executive, under the following headings:

  1. Functions relating to development control;
  2. Licensing and registration functions;
  3. Functions relating to health and safety at work;
  4. Functions relating to elections;
  5. Functions relating to the name and status of areas and individuals;
  6. Other miscellaneous functions.

8.2 The Council considers that these functions can best be performed by regulatory committees, to be called ordinary committees, with full delegated powers from the Council to determine matters within their remit, and grants these powers by virtue of this Constitution.

Appointments

8.3 At its Annual Meeting each year, the Council will establish and appoint members to the committees referred to in Part 2 of this Constitution. It will also appoint such other committees as it decides are necessary to undertake its non-executive functions in accordance with the provisions of the Local Government Act 2000. All appointments to ordinary committees will be made in accordance with the rules of proportionality set out in the Local Government and Housing Act 1989.

8.4 The full Council may at any time, or on a recommendation from the Executive, and having considered the views of the appropriate Scrutiny Board and other committees of the Council, terminate the appointment of any ordinary committee or establish such other committees as it deems appropriate. All appointments to such other committees will be made in accordance with the proportionality rules contained in the Local Government and Housing Act 1989.

Terms of Reference

8.5 The Terms of Reference and extent of delegations by the Council to ordinary committees will be in accordance with the provisions set out in Part 2 of this Constitution.

Chairmen

8.6 The roles of the Chairmen of ordinary committees will be as described in Appendices 7 to 11 of this Part of the Constitution.

Delegations to Officers

8.7 Every Ordinary Committee will be empowered to delegate any of its functions to officers of the Council. A list of all such delegations will be maintained by the Chief Executive Officer. The list will be incorporated in Part 4 of this Constitution and will be kept available for public inspection, without fee, at the Civic Offices, Civic Way, Fareham, during normal office hours.

Chapter 9 - Standards Committee

9.7 The Council has established a Standards Committee to oversee, maintain and strengthen high standards of conduct in public office.

Composition

9.8 The Standards Committee will comprise at least:

  1. four councillors other than the Executive Leader;
  2. three other persons, known as the independent members, who are neither councillors nor officers of the Council or of any other body having a Standards Committee.

These appointments will be made at the Annual Meeting of the Council each year.

9.9 The three independent members, (or any other independent members appointed), will be entitled to vote at meetings. One of the independent members, will be appointed by the Council to act as the Chairman of the Committee.

Functions

9.10 The Committee's main functions will be:

  1. to promote and maintain high standards of conduct by members and co-opted members of the Council;
  2. to assist members and co-opted members of the Council in observing the Council's Code of Conduct;
  3. to monitor member training and development.

9.11 The Committee will also be required:

  1. to appoint one of its members to act as vice-chairman;
  2. to advise the Council on the adoption or revision of a Code of Conduct;
  3. to monitor the operation of the Council's Code of Conduct;
  4. to advise and train Council members and co-opted members on matters relating to the Code of Conduct;
  5. to consider matters referred to it by Ethical Standards Officers acting for the Standards Board for England;
  6. to exercise such other functions as the Council considers are appropriate.

9.12 The specific functions of the Committee are set out in Part 2 of this Constitution. The role of the Chairman of the Committee is described in Appendix 11 to this part of the Constitution. Where the Chairman of the Committee is unavailable for any reason, the Vice-Chairman will undertake the role.

9.13 The quorum of the Committee will be three members. At least one of these must be an independent member. The Committee will not meet, therefore, without an independent member being present.

Chapter 10 - The Council's Officers

Appointment

10.1 The full Council may engage such staff as it considers necessary to carry out its functions. The full Council, with the agreement of the Executive, will be responsible for appointing persons to the following posts, who will be designated Chief Officers. The functions and areas of responsibilities of such posts are as shown in Part 7 of the Constitution.

10.2 The Council will also be responsible for appointing, with the agreement of the Executive, Deputy Chief Officers. At the appropriate time, on each occasion as it arises, a committee of the Council will be established for the appointment of these Chief Officers and, unless otherwise delegated, Deputy Chief Officers.

Head of Paid Service, Monitoring Officer and Chief Financial Officer

10.3 The Council has designated these posts as follows:

Post Designation

 Chief Executive Officer

Head of Paid Service
Director of Operations Monitoring Officer
Director of Finance and Resources

Chief Finance Officer

10.4 Such posts will have the functions described in paragraphs 10.5 to 10.21 below.

Structure

10.5 The Head of Paid Service will determine and publicise a description of the overall departmental structure of the Council, showing the management structure and deployment of officers. This is set out in Part 6 of this Constitution.

Functions of the Head of Paid Service

10.6 The Head of Paid Service will report to full Council on the manner in which the discharge of the Council's functions is co-ordinated, the number and grade of officers required for the discharge of functions and the organisation of officers.

10.7 The Head of Paid Service may not be the Monitoring Officer but may hold the post of Chief Finance Officer if appropriately qualified.

Functions of the Monitoring Officer

10.8 Maintaining the Constitution

The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that it is widely available for consultation by members, employees and the public.

10.9 Ensuring lawfulness and fairness of decision making

After consulting with the Head of Paid Service and Chief Finance Officer, the Monitoring Officer will report to the full Council, or to the Executive in relation to an Executive function, if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

10.10 Supporting the Standards Committee

The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through his/her support to the Standards Committee.

10.11 Receiving reports from the Standards Board for England

The Monitoring Officer will receive and act on reports made by Ethical Standards Officers and decisions of the case tribunals.

10.12 Conducting investigations

The Monitoring Officer will conduct investigations into matters referred by the Assessments Sub-Committee of the Standards Committee and make reports or recommendations in respect of them to the Standards Committee.

10.13 Proper Officer for access to information

The Monitoring Officer will ensure that Executive decisions, together with the reasons for those decisions and relevant officer reports and background papers, are made publicly available as soon as possible.

10.14 Advising whether Executive decisions are within the Budget and Policy Framework

The Monitoring Officer will advise whether decisions of the Executive are in accordance with the Budget and Policy Framework.

10.15 Providing advice

The Monitoring Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and Budget and Policy Framework issues to all councillors.

10.16 Restrictions on posts.

The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service.

Functions of the Chief Finance Officer

10.17 Ensuring lawfulness and financial prudence of decision making

After consulting with the Head of Paid Service and the Monitoring Officer, the Chief Finance Officer will report to the full Council, or to the Executive in relation to an Executive function, and to the Council's external auditor if he or she considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if the Council is about to enter an item of account unlawfully.

10.18 Administration of financial affairs

The Chief Finance Officer will have responsibility for the administration of the financial affairs of the Council.

10.19 Contributing to corporate management

The Chief Finance Officer will contribute to the corporate management of the Council, in particular through the provision of professional financial advice.

10.20 Providing advice

The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity budget and Policy Framework issues to all councillors and will support and advise councillors and officers in their respective roles.

10.21 Giving financial information

The Chief Finance Officer will provide financial information to the media, members of the public and the local community.

10.22 Duty to provide sufficient resources to the Monitoring Officer and Chief Finance Officer

The Council will provide the Monitoring Officer and Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.

Standards of conduct

10.23 The Council's officers will at all times comply with the Officers' Code of Conduct and the Code of Practice on Officer/Member Relations set out in Part 5 of this Constitution.

Employment procedures

10.24 Arrangements for the recruitment, selection and dismissal of officers will comply with the Standing Orders with respect to the Appointment, Dismissal and Discipline of Employees set out in Part 4 of this Constitution and with any other adopted policies and procedures relating to employment by Fareham Borough Council. The appointment, dismissal and discipline of employees, other than Chief Officers and Deputy Chief Officers, will be the responsibility of the Head of Paid Service.

Chapter 11 - Decision making

Responsibility for decision making

11.1 The Council will issue, and keep up to date, a record of which part of the Council, or which individual, is responsible for particular types of decisions or decisions relating to particular areas or functions. This record is currently as set out in Part 2 of this Constitution.

Principles of decision making

11.2 All decisions of the Council will be made in accordance with the following principles:

  1. openness and transparency
  2. fairness and equality
  3. with respect for human rights
  4. within the letter and spirit of the Constitution
  5. within the law
  6. with due consultation and the benefit of professional advice, where appropriate.

Types of decision

11.3 Decisions relating to the functions listed in Chapter 4 of Part 1 of this Constitution will be made by the Full Council and not be delegated.

Key decisions

11.4 Key decision means an Executive decision that is likely:

  1. to result in the Council incurring expenditure which is, or the making of savings which are, significant having regard to the Council's budget for the service or function to which the decision relates; or
  2. to be significant in terms of its effects on the communities living or working in an area comprising two or more wards or electoral decisions.

11.5 Key decisions may only be made in accordance with the Executive Procedures set out in Part 3 of this Constitution.

Decision making by the full Council

11.6 Subject to paragraph 11.3 above, meetings of full Council will follow the Council's Standing Orders with respect to Meetings. These Orders regulate the proceedings of the Council when considering any matter and are as set out in Part 4 of this Constitution.

Decision making by the Executive

11.7 Subject to paragraph 11.10 below, the Executive will follow the Executive procedures and the Council's Standing Orders with respect to Meetings, set out in Part 4 of this Constitution, when it considers any matter.

Decision making by the Scrutiny Board and Review Panels

11.8 The Scrutiny Board and its Review Panels will follow the overview and scrutiny procedures and the Council's Standing Orders with respect to Meetings, set out in Part 4 of this Constitution, when they consider any matter.

Decision making by other committees and sub-committees established by the Council

11.9 Subject to paragraph 11.10 below, other Council committees and sub-committees will follow those parts of the Council's Standing Orders with respect to Meetings, set out in Part 4 of this Constitution, which apply to them.

Decision making by Council bodies acting as tribunals

11.10 If the Council or an officer acting in a quasi judicial manner, or as a tribunal, or is determining or considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person, then the Council or officer will follow the proper procedures that meet the requirements of natural justice and the right to a fair trial (contained in Article 6 of the European Convention on Human Rights).

Decision making by officers

11.11 The Council's officers have full authority for operational decision making and any necessary action within their remit. They are answerable to the Chief Executive Officer (Head of Paid Service).

Chapter 12 - Joint arrangements

Arrangements to promote well-being

12.1 The Council or the Executive, in order to promote the economic, social or environmental well-being of the local area, may:

  1. enter into arrangements or agreements with any person or body;
  2. co-operate with, or facilitate or co-ordinate the activities of, any person or body;
  3. exercise on behalf of the person or body any functions of that person or body.

Joint arrangements

12.2 The Council may establish joint arrangements with one or more local authorities and/or their Executive to exercise, or advise the Council on, functions that are not Executive functions in any of the participating authorities. Such arrangements may involve the appointment of a joint committee with these other local authorities.

12.3 The Executive may establish joint arrangements with one or more local authorities to exercise functions that are Executive functions. Such arrangements may involve the appointment of joint committees with those other local authorities. Except as set out below, the Executive may only appoint Executive members to a joint committee to exercise such functions and those members need not reflect the political composition of the local authority as a whole.

(See Part 2 - Chapters 10 and 11 for current formal joint working arrangements).

12.4 The Executive may appoint members to a joint committee from outside the Executive where the joint committee has functions for only part of the area of the Council and that area is smaller than two-fifths of the authority's area by size or population. In such cases, the Executive may appoint to the joint committee any councillor who is a member for a ward that is wholly or partly contained within the area. For this purpose, the need for political balance will not apply.

12.5 The details of any joint arrangements, including any delegations to joint committees, will be as set out in the Council's scheme of delegations in Part 2 of this Constitution.

Access to information

12.6 The Access to Information Rules set out in Part 3 of this Constitution will apply. If all members of a joint committee are members of the Executive in each of the participating authorities, then the access to information regime of the committee will the same as that applied to those Executives. If the joint committee contains members who are not on the Executive of any participating authority, then the access to information rules set out in part V(A) of the Local Government Act 1972 will apply.

Delegation to and from other local authorities

12.7 The Council may delegate non-Executive functions to another local authority or, in certain circumstances, the Executive of another local authority.

12.8 The Executive may delegate Executive functions to another local authority or the Executive of another local authority in certain circumstances.

12.9 The Council may also accept the delegation of powers from another local authority. The decision whether or not to accept such delegation arrangements will be a matter for the full Council to take.

Contracting out

12.10 The Council and the Executive may contract out to another body or organisation their respective functions, which may be exercised by an officer and which are subject to an order under Section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council's agent under usual contracting principles, provided there is no delegation of the Council's discretionary decision making.

Existing arrangements

12.11 The following arrangements will apply to the joint arrangements that were in being prior to May 2002:

  1. the Council's representation on the Westbury Manor Museum Joint Management Committee will be two members of the Executive, unless otherwise agreed;
  2. subject to any recommendations from the Portchester Joint Crematorium Committee, the Council's representation on that joint committee will be two members of the Executive;
  3. the Council's representation on the joint governing bodies of community schools will be treated as being under the School Standards and Framework Act 1998. These bodies will therefore operate not as joint committees but as committees of the Governing Bodies and the limitation of Council representatives to members of the Executive will not apply;
  4. the licensing of pleasure boats and vessels under Section 94 of the Public Health Acts Amendment Act 1907 is a non-executive function and therefore the licensing of pleasure boats and vessels in the Council's area will be discharged on behalf of the Council by Eastleigh Borough Council;
  5. the River Hamble Management Sub-Committee is not a joint committee but is a statutory committee established in line with requirements of the River Hamble Harbour Revision Order 1969 and therefore the Council's representation will not be limited to members of the Executive.

(Note: formal joint working arrangements have been established; see Part 2 Chapters 10 and 11 for current arrangements).

Chapter 13 - Legal, Financial and Contract Matters

Meetings

13.1 The Standing Orders with respect to Meetings in Part 4 of this Constitution will apply to all meetings of the full Council, the Executive, Panels, ordinary committees, sub-committees and other formal meetings of members.

Financial Matters

13.2 The Council's financial affairs will be conducted in accordance with the Financial Regulations set out in Part 4 of this Constitution. These Regulations may be amended from time to time in accordance with the provisions that are contained within them.

Contracts

13.3 All contracts made by or on behalf of the Council will comply with the provisions of the Standing Orders with respect to Contracts set out in Part 4 of this Constitution. These Standing Orders may be amended from time to time in accordance with the provisions that are contained within them

Officer Employment Procedures

13.4 The Standing Orders with respect to the Appointment, Dismissal and Discipline of Employees set out in Part 4 of this Constitution will apply to all employee appointments made by the Council.

Legal proceedings

13.5 The Solicitor to the Council is authorised to commence, defend, or participate in any legal proceedings in any case to give effect to decisions of the Council, or in any case where the Solicitor to the Council considers that to do so is necessary in order to protect the Council's interests.

Authenticating documents

13.6 Where any document is necessary to any legal procedure or proceedings on behalf of the Council, that document will be signed by the Solicitor to the Council or by any other person authorised by the Solicitor to the Council, unless any enactment states otherwise or the Council has given the necessary authority to some other person.

Common Seal of the Council

13.7 The Common Seal of the Council must be kept by the Solicitor to the Council and the Director of Regulatory and Democratic Services in a safe place. A decision made by the Council, the Executive, a committee, sub-committee or officer acting under delegated powers will be sufficient authority for sealing any document necessary to give effect to the decision.

13.8 The affixing of the seal must be attested by one of the following persons present at the sealing: the Chief Executive Officer; the Solicitor to the Council; the Director of Finance and Resources; the Director of Regulatory and Democratic Services. An entry of every sealing of a document must be made and consecutively numbered in a book kept for the purpose and must be signed by the person who has attested the seal.

Chapter 14 - Review and revision of the Constitution

Duty to monitor and review the Constitution

14.1 The Solicitor to the Council (designated as the „Monitoring Officer') will monitor and review the operation of the Constitution, to ensure that its aims and principles are given full effect.

14.2 To enable the Monitoring Officer to be aware of the strengths and weaknesses of the Constitution and be able to make recommendations for ways in which it could be amended, in order better to achieve its purposes, the Monitoring Officer may:

  1. observe meetings of different parts of the Council's member and officer structure
  2. undertake an audit trail of a sample of decisions
  3. record and analyse issues raised with him or her by councillors, officers, the members of the public and other relevant interested parties
  4. compare practices in the authority with those in other comparable authorities or with national examples of best practice.

Changes to the Constitution

14.3 Approval:

Parts 1 - 3 of this Constitution may be amended at any time by a meeting of the full Council but no such change will be considered until the Executive and Scrutiny Board have had the opportunity to consider the proposals for change. All such changes will comply with the provisions of the Local Government Act 2000 and other relevant statutory provisions.

14.4 Change from an Executive Leader and Executive form of Executive to alternative arrangements:

If there are proposals to change the Executive arrangements, the Council will take reasonable steps to consult local electors and other interested persons in the area when it draws up proposals.

Chapter 15 - Interpreting the Constitution : Suspending the Constitution

Limit to suspension

15.1 This Constitution may not be suspended except where rules permitting its suspension or waiver are provided explicitly in documents contained within the Constitution or following the procedure described in paragraph 15.2 below.

Procedure to suspend

15.2 A motion to suspend any part of the Constitution will not be moved without notice, unless at least half the total number of members of the Council are present. The extent and duration of any suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Chapter 1, and must only be for long enough to transact the particular item of business causing the suspension.

Matters of interpretation

15.3 The ruling of the Mayor, advised by the Monitoring Officer, as to the interpretation or application of this Constitution shall not be challenged at any meeting of the Council. Such interpretation will have regard to the purposes of this Constitution contained in the Introduction of the Constitution.

Publication

15.4 The Chief Executive Officer will provide a copy of this Constitution to each member of the authority upon delivery to him or her of that individual's declaration of acceptance of office, when the member is first elected to the Council.

15.5 The Chief Executive Officer will ensure that copies of the Constitution are available for inspection at Council offices, local libraries and other appropriate locations and that copies are made available to members of the local press and the public on payment of a reasonable fee.

15.6 The Chief Executive Officer will ensure that the summary of the Constitution is made widely available within the Fareham area and is updated as necessary.

Executive arrangements

15.7 The following parts of the Constitution make up the Council's Executive arrangements:

  1. Part 1: Chapter 6 (The Executive and the Executive's procedures)
  2. Part 1; Chapter 7 (The Overview and Scrutiny procedures)
  3. Part 1: Chapter 11 (The decision making procedures)
  4. Part 1: Chapter 12 (The procedures for joint arrangements)
  5. Part 2 (The responsibilities for functions).

Chapter 16 - Codes of Conduct

16.1 The Codes of Conduct in Part 5 of this Constitution will apply, as appropriate, to all councillors and officers of the Council and to any persons serving on the Executive, the Scrutiny Board, its Review Panels, ordinary committees, sub-committees or other bodies established by the Council or the Executive.

16.2 Where the Council approve and adopt further Protocols and Codes of Conduct, copies will be attached as Part 5 of this Constitution.

Appendix 1

Roles of Members as Councillors

Main roles

A-1.1 As an elected representative (all members):

  1. with all other members, to be collectively the ultimate policy-makers of the Council and to carry out a number of strategic corporate management functions
  2. to represent effectively the interests of the ward and all of its constituents for which the councillor was elected
  3. to contribute in a positive manner to the effective government of the Borough and the direct, or indirect, provision of services to all residents, visitors and other interested parties
  4. to encourage the involvement and participation of individual citizens and the community generally in the development and review of the Council's decision making processes

A-1.2 Regulatory roles (all members):

  1. to deal with those matters of regulation assigned to the Planning Development Control, Licensing and Regulatory Affairs and such other Committees appointed in a fair and unbiased manner having regard to the Council's policies and any statutory provisions relating to them, including the rules of natural justice.

A-1.3 Overview and scrutiny roles (members who are not part of the Executive):

  1. to contribute to the effective development of services by the examination of strategy, policy and budget proposals.
  2. to monitor, evaluate and question the actions of the Executive and the work of officers, to ensure the effective delivery of services in accordance with the Council's strategies, policies and budgets
  3. to make recommendations to the Executive and the full Council for improvements or changes in accordance with the programmes approved by Council.

Duties and responsibilities

A-1.4 As an elected representative (all members):

  1. to meet regularly with constituents and other interested parties in order to seek and listen to their views on issues to be considered by or proposed to the Council
  2. to act as the liaison point between the local community and the Council, in order to ensure that the former's views and needs are taken into account when strategy, policy and budget issues are considered by the Council
  3. to ensure that the local communities' views are properly expressed and argued when specific decisions affecting them are considered by Council.
  4. to use local knowledge and information to assist in the determination of policy proposals and in decision making
  5. to act as a disseminator of information from the Council to constituents and other interested parties.
  6. to participate in training programmes and seminars aimed at enhancing members' roles as an elected representatives.

A-1.5 Regulatory responsibilities (all members):

  1. to participate in the setting of policies, rules, regulations and processes to enable the Council to undertake its regulatory roles within the Council's approved policies in a fair and even handed manner
  2. to contribute to the arrangements for the setting of budgets and budgetary controls for regulatory functions
  3. to participate in employee disciplinary/grievance hearings as required by the Council
  4. to participate in training programmes and seminars aimed at enhancing members' roles and ability to carry out the regularity functions of the Council.

A-1.6 Overview and scrutiny responsibilities (members who are not part of the Executive):

  1. to take part as a consultee in the development of strategy, policy and budget proposals by the Executive.
  2. where appropriate, propose change, to the Council's approved strategies, policies and budgets, for consideration by the Executive
  3. to participate in the carrying out of reviews of the Council's strategies and policies in accordance with the programme of work submitted to Council.
  4. to review the implementation of Council policy by the Executive, Executive members and officers, to determine whether that implementation meets the Council's objectives in terms of quality of service delivery and cost, and report with recommendations to the Executive and full Council.
  5. to take an active part in and consult with the local community on the development of the Best Value Performance Plans and Best Value reviews in conjunction with the Executive
  6. to participate in training programmes and seminars aimed at enhancing members' ability to undertake a constructive role in the Council's overview and scrutiny processes.

Key tasks

A-1.7 As an elected representative (all members):

  1. to discuss issues to be determined by the Council with constituents and other interested parties
  2. to participate in any local area arrangements established by the Council to facilitate good communication with residents
  3. to develop and maintain a good working knowledge of the organisations, services, activities and hopes and aspirations of the Ward for which the member was elected
  4. to champion causes and issues on behalf of the member's constituents and ensure that those constituents are kept informed about:
    • services in their area
    • decisions that may affect them
    • the reasons why decisions have been taken by the Council
    • their rights relating to service provision, appeals against decisions and access to meetings and information.
  5. to carry out casework on behalf of constituents and represent their interests to the Council.
  6. to participate in the activities and decision making processes (where appropriate) of any outside body to which the member is appointed by:
    • providing for two-way communication between the Council and the outside body
    • developing and maintaining a working knowledge of the Council's policies and priorities, particularly in so far as they might affect the outside body
    • ensuring that the outside body takes account of the needs and aspirations of the community affected by the work and services of that outside body.
  7. to contribute constructively to community planning initiatives and, in particular, to assist in the achievement of open government by actively encouraging the local community to participate in the government of the area.

A-1.8 Regulatory key tasks (all members):

  1. to establish policies against which applications for consent, licences, certificates, permits and registrations can be determined
  2. to deal with any specific applications referred to members in a fair and unbiased manner, taking account of Council policies and legislative requirements
  3. where there is no right of appeal to an external body, to participate in and determine such appeals
  4. where there is a right for an applicant to be heard, to participate in such hearings as may be arranged and determine the issue
  5. to set budgets, fees and charges and monitor income and expenditure against approved budgets.

A-1.9 Overview and scrutiny key tasks (members who are not part of the Executive):

  1. to develop and review policy proposals and options put forward by the Executive;
  2. to investigate existing strategies, policies and budgets and, where appropriate, recommend changes;
  3. to monitor implementation of the Council's policies, particularly in relation to the interests of constituents in the member's Ward;
  4. to investigate the basis on which major decisions are taken and ensure that they are consistent with Council policy;
  5. to investigate decisions taken by the Executive, Executive members and officers to ensure that they are consistent with Council policy and that they are within the limits of delegated powers;
  6. to hold the Executive, Executive members and officers to account in respect of their actions in carrying out Council policy;
  7. to monitor the Council's overall performance, with particular reference to Best Value; and
  8. to ensure, in liaison with local residents and other interested parties, that the quality of services delivered matches the Council's and the public's aspirations.

Appendix 2 - Role of Mayor

Main role

A-2.1 To act as the first citizen of the Borough

A-2.2 To represent the Council as the civic head of the Borough at public and private functions.

Duties and responsibilities

A-2.3 To preside over meetings of the full Council and ensure that all members have equal opportunity to participate in the decision making process.

A-2.4 To promote the Borough as its first citizen and ambassador.

A-2.5 To lead official civic visits by the Council.

A-2.6 To represent the Council at non-political ceremonies, social occasions and services of prayer and remembrance.

A-2.7 On behalf of the Council, to act as host to visitors to the Borough, including members of the Royal Family, overseas visitors and other civic dignitaries.

Appendix 3 - Role of Deputy Mayor

Main role

A-3.1 To support the Mayor in his/her role as the first citizen of the Borough.

A-3.2 To represent the Council, as necessary, as the deputy to the Mayor at public and private functions.

Duties and responsibilities

A-3.3 To preside over meetings of the Council in the absence of the Mayor and ensure that all members have the opportunity to participate in the decision making process.

A-3.4 To act as an ambassador for and promote the Borough as the deputy to the Mayor.

A-3.5 To deputise for, or assist, the Mayor in leading official civic visits by the Council.

A-3.6 To represent the Mayor at non-political ceremonies, social occasions and services of prayer and remembrance when the Mayor is unable to attend.

A-3.7 To deputise for, or support, the Mayor in his/her role when acting as host to visitors to the Borough, including members of the Royal Family, overseas visitors and other civic dignitaries.

Appendix 4 - Role of Executive Leader

Main role

A-4.1 To lead the Council in the identification of its vision, core values and strategic objectives

A-4.2 To lead the Council and provide visible political leadership in the design, preparation and implementation of the Councils policy framework, policies, strategies, budgets and service delivery

A-4.3 To lead the Council to work in the overall best interests of the local community

A-4.4 To lead the development of policy and strategic partnerships

A-4.5 To lead on the development and implementation of the Council's corporate strategy and policies, Best Value Performance Plan and Community Plan

A-4.6 To promote the development of the local economy

A-4.7 To promote the Council's core values and objectives

A-4.8 To maintain effective working relationships with the Chief Executive Officer, Chief Officers and all employees of the Council

Duties and responsibilities

A-4.9 To chair meetings of Executive.

A-4.10 To be the principal Leader of the Council in developing strategic partnerships with residents, other local authorities, statutory and non-statutory organisations, the Government and its agencies and other interested parties, in relation to the development and implementation of strategic objectives and policies and the delivery of services.

A-4.11 To have overall political responsibility for:

  1. strategic policy innovations;
  2. the preparation, publication and management of the Council's Forward Plan;
  3. the preparation, implementation and monitoring of the Best Value Performance Plan and the Community Plan;
  4. strategic financial management, including the revenue and capital budgets of the Council and financial monitoring;
  5. communications with members, employees, residents, interested parties and other external organisations;
  6. setting the Council's business strategy to meet the Government's Best Value regime;
  7. the implementation of new political and management structures, in order to meet any legislative duties placed on the Council;
  8. ensuring open and accountable decision-making and the effective delivery of services;
  9. the development of arrangements to facilitate community consultation and involvement in the Council's decision making processes; and
  10. human resource planning in so far as this is a function of the Executive.

A-4.12 To report, at least quarterly, to the full Council on all decisions made under the Urgency Provisions of the Council's Constitution, including details of the consultations undertaken before such decisions were made and the reasons why the decisions were urgent.

A-4.13 To take decisions where power to do so is delegated by the Executive

A-4.14 To undertake those other tasks set out elsewhere in the Constitution for which the Executive Leader assumes personal responsibility.

Appendix 5 - Role of an Executive Member

Main role

A-5.1 To take collective responsibility for those issues determined by the Executive under its Terms of Reference and Scheme of Delegation.

A-5.2 To take decisions where power to do so is delegated by the Executive

General responsibilities

A-5.3 To act as spokesman and principal political adviser for the services included within the area of responsibility for which the Executive Member has been appointed.

A-5.4 Within any constraints imposed by legislation, approved Council policy and budgets and the Council's Scheme of Delegation, to be responsible for:-

  1. maintaining an understanding of the issues involved in the delivery of services
  2. being aware of developing issues and policies at local and national levels
  3. giving direction on, and ensuring the development of the vision for services, strategies and policies consistent with the overall strategic approach of the Council
  4. promoting and improving the economic, social and environmental well-being of the Borough
  5. balancing the social, environmental and economic components of sustainability in the development of services and their delivery
  6. with regard to the preparation, amendment and revision of any statutory or non-statutory strategic, technical or service plans:
    • identifying the strategic or service objectives
    • promoting the principal policy issues to be included
    • ensuring adequate arrangements are in place to involve all members, employees where appropriate, residents and other interested parties in the preparation and reviews of any plans
    • making provision to disseminate the content and implications of any proposed or adopted plans throughout the Borough and, where appropriate, regionally and nationally;
    • ensuring implementation and regular reviews.
  7. defining the standards of service, targets and budgets to include:-
    • the preparation of schemes for implementation or proposals for submission to the Executive and the Council as part of the expenditure plan process
    • monitoring service standards, performance and budgets and initiating action to meet service, performance and budget targets
    • the content and implementation of action programmes to achieve the aims of adopted strategies and service plans
    • being responsible for the efficient delivery of services
    • implementing changes to meet the requirements of relevant legislation
    • leading the process for the approval and review of the level of fees chargeable for Council services
    • the development of an annual process of policy and performance reviews
    • implementing arrangements for involving the Council, Executive, employees, residents and other interested parties in the preparation of strategies, policies and budgets
    • developing strong relationships between service policy aims and those of the Council corporately, as well as between service aims and service delivery.
  8. with regard to Best Value, to ensure that:-
    • the need for the development of new policies and strategies following reviews are identified; and
    • following reviews, that action plans with challenging targets for continuous service improvements are set, and
    • progress against those plans is regularly monitored
  9. ensuring the optimum use of resources and skills by recognising the benefits of formal and informal partnership working.
  10. working in partnership with relevant external organisations to encourage and facilitate the development of Community Planning arrangements throughout the Borough.
  11. co-operating with the Scrutiny Board and its Review Panels in any reviews undertaken by those Panels.
  12. ensuring that prior to decisions being taken that affect a particular ward, the relevant ward members have been consulted.
  13. promoting the core values of the Council as set out in corporate plans.
  14. approving responses to consultation papers issued by the Government and outside organisations.
  15. speaking on behalf of the Council
  16. representing the Council, or identifying or appointing in accordance with this Constitution other members to do so, on relevant external bodies.
  17. considering and developing proposals for the effective use of land and property.
  18. facilitating and encouraging public participation and consultation and ensuring the effective communication of the Council's policies and strategies to all members, employees, residents, partner organisations and other interested parties.
  19. receiving representations from councillors acting in their capacity as ward members in relation to the provision of services to residents in their areas, as the Council's representative on outside bodies or as councillors with a specific interest in any topic.
  20. seeking appropriate officer advice when making decisions under delegated powers.
  21. attending, and taking part in, such training sessions/courses as may be determined by the Council or the Executive Leader.
  22. complying with the provisions of National and Local Codes of Conduct applicable to members and, in particular, any provisions relating to the declaration of interests..

Appendix 5 (Annexe) - Executive Portfolios including specific service responsibilities

Effective Date: 11 May 2017

Policy and Resources

Planning and Development

Leisure and Community

Housing

Health and Public Protection

Streetscene

Appendix 6.1 - Role of Chairman of Scrutiny Board

Main role

A-6.1 To lead on scrutinising the activities and performance of the Executive, Executive members and officers in relation to the Council's services.

Duties and responsibilities

A-6.2 To chair the Scrutiny Board.

A-6.3 To co-ordinate the activities of the Scrutiny Board and take a lead role in overview and scrutiny.

A-6.4 To lead investigations into matters referred to the Scrutiny Board or selected by the Board and, in particular, to:

  1. determine the overall manner in which the work will be undertaken
  2. arrange the provision of preliminary background information to the Board
  3. arrange the selection of witnesses appearing before the Board
  4. determine whether evidence is to be given orally or in writing to the Board
  5. determine the appointment of consultants (where appropriate) for particular areas of research
  6. ensure that investigations are completed within the approved timetable.

A-6.5 To lead investigations in respect of those policy decisions taken by the Executive, Executive members or Officers and, in particular, by:

  1. determining the extent of the investigation to be undertaken
  2. commissioning appropriate research
  3. co-ordinating the preparation of any lists of questions to be asked during the investigation
  4. providing a list of the issues to be discussed or requests for detailed statistical and other information to the Executive, Executive members or officers, prior to any meeting of the Board
  5. determining and selecting consultants (where appropriate) for particular areas of research.
  6. determining the selection of witnesses and whether evidence is to be given orally or in writing, and
  7. ensuring that, on completion of the investigation, a report on the outcome of the investigation is prepared and submitted to the Executive and/or the full Council as appropriate.

A-6.6 To lead and direct reviews of the Council's involvement in, and support of, outside organisations that fall within the Terms of Reference of the Scrutiny Board

A-6.7 To lead and direct the consideration and review of external audit reports that relate to matters within the Terms of Reference of the Scrutiny Board.

A-6.8 To take the lead on ensuring that training requirements of the Board members are properly considered and that appropriate training programmes or seminars are arranged.

A-6.9 To encourage Board members to deal with all issues placed before them in an unbiased manner.

A-6.10 Where members have received advice or directions from their group leader or political group as to the views that member should express on a particular issue, to ensure that those members disclose such facts at the meeting at which the matter is being discussed.

A-6.11 To encourage members to declare all personal and prejudicial interests in any matters placed before the Board.

Vice Chairman

A-6.12 Where the Chairman of the Scrutiny Board is unavailable for any reason, the Vice Chairman shall undertake the role of Chairman.

Appendix 6.2 - Role of Chairmen of Policy Development and Review Panels

Main role

A-6.13 To lead on review and development of policy which comes within the jurisdiction of the Panel.

Duties and responsibilities

A-6.14 To chair the Policy Development and Review Panel.

A-6.15 To co-ordinate the activities of the Policy Development and Review Panel and take a lead role in its work.

A-6.16 To lead investigations into policy proposals referred to the Panel by the Executive, and, in particular, to:

  1. determine the extent of the investigation and the overall manner in which the work will be undertaken
  2. arrange for the provision of preliminary background information and commission appropriate research
  3. arrange the selection of such witnesses as may be needed and determine whether evidence is to be given orally or in writing
  4. determine the appointment of consultants (where appropriate) for particular areas of research
  5. ensure that investigations are completed within the approved timetable and thatthat, on completion of the investigation, a report on the outcome of the investigation is prepared and submitted to the Executive or Council , as appropriate.

A-6.17 To ensure that the Panel undertakes, in conjunction with the Executive and/or its members, appropriate reviews of service performance as may be directed by the Executive or Council.

A-6.18 To take the lead on the consideration and review of external audit reports as are referred to the Panel.

A-6.19 To take the lead on ensuring that training requirements of the Panel's members are properly considered and that appropriate training programmes or seminars are arranged.

A-6.20 To encourage Panel members to deal with all issues placed before them in an unbiased manner.

A-6.21 Where members have received advice or directions from their group leader or political group as to the views that member should express on a particular issue, to ensure that those members disclose such facts at the meeting at which the matter is being discussed.

A-6.22 To encourage members to declare all personal and prejudicial interests in any matters placed before the Panel.

Vice Chairmen

A-6.23 Where the Chairman of a Policy Development and Review Panel is unavailable for any reason, the Vice Chairman shall undertake the role of Chairman.

Appendix 7 - Role of Chairman of Planning Committee

Main role

A-7.1 To lead the Council's activities in relation to those functions covered by the Terms of Reference of the Committee.

A-7.2 To ensure that the Committee deals with its functions in a fair and proper manner having regard to the Council's policies and the relevant statutory provisions.

Duties and responsibilities

A-7.3 To chair meetings of the Committee.

A-7.4 To ensure, in relation to each function of the Committee, that appropriate policies, rules, regulations and processes are adopted to enable the Committee to undertake its functions in a fair and even-handed manner, within the Council's approved policies.

A-7.5 To liaise with the Executive and the Executive's spokesman for Planning and Transportation on the preparation, alteration and adoption of Development Plans.

A-7.6 To ensure that all members of, and officers serving, the Committee take full and proper account of the relevant legislative framework in setting any policies, rules, regulations and processes and in the determination of any applications brought before the Committee.

A-7.7 To work closely with the Executive and the Executive's spokesman for policy, strategy, finance and economic development matters in determining any applications that may have an effect on the economic health of the Borough.

A-7.8 To ensure that appropriate mechanisms are put in place to measure the efficiency and quality of the arrangements for dealing with the functions of the Committee.

A-7.9 To ensure that the members of, and officers serving, the Committee comply with the rules relating to the declaration of interests.

A-7.10 To take the lead in setting the Committee's budgets, fees and charges and in putting effective budget monitoring procedures in place.

A-7.11 To ensure that appropriate training programmes and seminars are arranged to enhance members' knowledge and their ability to carry out the Committee's functions effectively.

Appendix 8 - Role of Chairman of Licensing and Regulatory Affairs Committee

Main role

A-8.1 To lead the Council's activities in relation to those functions covered by the Terms of Reference of the Committee.

A-8.2 To ensure that the Committee deals with its functions in a fair and proper manner having regard to the Council's policies, the relevant statutory provisions and the rules of natural justice.

Duties and responsibilities

A-8.3 To chair meetings of the Committee.

A-8.4 To ensure, in relation to each function of the Committee, that appropriate policies, rules, regulations and processes are adopted to enable the Committee to undertake its functions in a fair and even-handed manner, within the Council's approved policies.

A-8.5 To ensure that all members of, and officers serving, the Committee take full and proper account of the relevant legislative framework in setting any policies, rules, regulations and processes in relation to the functions of the Committee.

A-8.6 To ensure that appropriate mechanisms are put in place to measure the efficiency and quality of the arrangements for dealing with the functions of the Committee.

A-8.7 To ensure that the members of, and officers serving, the Committee comply with the rules relating to the declaration of interests.

A-8.8 To take the lead in setting the Committee's budgets, fees and charges and in putting effective budget monitoring procedures in place.

A-8.9 To ensure that appropriate training programmes and seminars are arranged to enhance members' knowledge and their ability to carry out the Committee's functions effectively.

Appendix 9 - Role of Chairman of Appeals Committee

Main role

A-9.1 To lead the Council's activities in relation to those functions covered by the Terms of Reference of the Committee.

A-9.2 To ensure that the Committee deals with its functions in a fair and proper manner having regard to the Council's policies, the relevant statutory provisions and the rules of natural justice.

Duties and responsibilities

A-9.3 To chair meetings of the Committee.

A-9.4 To ensure, in relation to each function of the Committee, that appropriate policies, rules, regulations and processes are adopted to enable the Committee to undertake its functions in a fair and even-handed manner, within the Council's approved policies.

A-9.5 To ensure that all members of, and officers serving, the Committee take full and proper account of the relevant legislative framework in setting any policies, rules, regulations and processes and in determining any appeals.

A-9.6 To liaise with the Chief Executive Officer, Monitoring Officer and Chief Finance and Resources Officer in connection with the adoption, implementation and review of the arrangements for dealing with appeals considered by the Committee or any Panel established by the Committee.

A-9.7 To ensure that appropriate mechanisms are put in place to measure the efficiency and quality of the arrangements for dealing with the functions of the Committee.

A-9.8 To ensure that the members of, and officers serving, the Committee comply with the rules relating to the declaration of interests.

A-9.9 To take the lead in setting the Committee's budgets, fees and charges and in putting effective budget monitoring procedures in place.

A-9.10 To ensure that appropriate training programmes and seminars are arranged to enhance members' knowledge and their ability to carry out the Committee's functions effectively.

Appendix 10 - Role of Chairman of Audit Committee

Main role

A-10.1 To lead the Council's activities in relation to those functions covered by the Terms of Reference of the Committee.

A-10.2 To ensure that the Committee deals with its functions in a fair and proper manner having regard to the Council's policies and the relevant statutory provisions.

Duties and responsibilities

A-10.3 To chair meetings of the Committee.

A-10.4 To ensure, in relation to each function of the Committee, that appropriate policies, rules, regulations and processes are adopted to enable the Committee to undertake its functions in a fair and even-handed manner, within the Council's approved policies.

A-10.5 To ensure that all members of, and officers serving, the Committee take full and proper account of the relevant legislative framework in setting any policies, rules, regulations and processes.

A-10.6 To ensure that appropriate mechanisms are put in place to measure the efficiency and quality of the arrangements for dealing with the functions of the Committee.

A-10.7 To ensure that the members of, and officers serving, the Committee comply with the rules relating to the declaration of interests.

A-10.8 To ensure that appropriate training programmes and seminars are arranged to enhance members' knowledge and their ability to carry out the Committee's functions effectively.

Appendix 11 - Role of Chairman of Standards Committee

Main role

A-11.1 To lead the Council's activities in relation to those functions covered by the Terms of Reference of the Committee.

A-11.2 To ensure that the Committee deals with its functions in a fair and proper manner having regard to the Council's policies, the relevant statutory provisions and the rules of natural justice.

Duties and responsibilities

A-11.3 To chair meetings of the Committee.

A-11.4 To ensure, in relation to each function of the Committee, that appropriate policies, rules, regulations and processes are adopted to enable the Committee to undertake its functions in a fair and even-handed manner, within the Council's approved policies.

A-11.5 To ensure that all members of, and officers serving, the Committee take full and proper account of the relevant legislative framework in setting any policies, rules, regulations and processes.

A-11.6 To liaise with the Chief Executive Officer, Monitoring Officer and Chief Finance and Resources Officer in connection with the adoption, implementation and review of the Statutory Code of Conduct and other Codes relating to the ethical standards of the Council, elected members and Council officers.

A-11.7 To ensure that appropriate mechanisms are put in place to measure the efficiency and quality of the arrangements for dealing with the functions of the Committee.

A-11.8 To ensure that the members of, and officers serving, the Committee comply with the rules relating to the declaration of interests.

A-11.9 To take the lead in setting the Committee's budgets and in putting effective budget monitoring procedures in place.

A-11.10 To ensure that appropriate training programmes and seminars are arranged to enhance the members of the Committee's knowledge and their ability to carry out the Committee's functions effectively.



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