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The Constitution - Part One - Chapter 4 - The Role of the Council

Functions reserved to the 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 Council to make. In particular, only the Council will exercise the following functions:

a) adopting the Constitution and any subsequent changes to it;

b) adopting the Council's Code of Conduct for Members;

c) approving or adopting the Council's Policy Framework, Budget and any application to the Secretary of State in respect of any Housing Land Transfer;

d) 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;

e) subject to the urgency procedure contained in the Access to Information Procedure Rules in Part Three 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;

f) appointing the Executive Leader and members of the Executive;

g) 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;

h) appointing representatives to outside bodies, unless the appointment is an Executive function or the appointments have been delegated by the Council;

i) adopting a members' allowances scheme;

j) changing the name of the area;

k) conferring the title of honorary alderman or granting the freedom of the Borough;

l) making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal Bills;

m) all local choice functions set out in Part Two of this Constitution which the Council decides should be undertaken by itself rather than by the Executive; and

n) 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 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, contained within Part Four of this Constitution.

Council meetings

4.4  There are three types of Council meetings:

a) the annual meeting;

b) ordinary meetings; and

c) extraordinary meetings.

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

Responsibility for functions and delegations

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

 

 

Last Reviewed - March 2018