(OPEN TO THE PUBLIC) / ITEM NO.
JOINT REPORT
OF
The Chief Executive and Monitoring Officer
TO
COUNCIL
ON
21st September,2011
TITLE:Articles of the Council Constitution
RECOMMENDATION:
(1)That revised articles of the Constitution as agreed by the Leaders of the Political groups and detailed in the report now submitted be adopted.
(2) That Council agree that the proposed new the arrangements for the Budget Scrutiny Committee and the Audit and Accounts Committee be introduced from the municipal year 2012/13.
EXECUTIVE SUMMARY:
The Council constitution was approved in 2000 and although various amendments have been made and implemented over the last eleven years, the Council has not carried out a full review of the constitution during this period
Members and Senior Officers have commented upon the need to modernise the Constitution to make it more accessible and user friendly for use by elected members, officers and the public at large.
The Chief Executive, Monitoring Officer and the Corporate Management Team have reviewed the current constitution along side changes in legislation to develop a “ fit for purpose “ document that provides a clear governance structure, that stands up to the scrutiny of statutory requirements and protects the interests of the City .
The All Leaders Group met on the 26th July, 2011 to examine a revised draft and agreed that the Articles of the Constitution should be considered by the meeting of Council today. The remainder of the Constitution, including the Scheme of Delegation, is scheduled to be considered at the November Council meeting.
The amendments agreed at the meeting of the 26th July, 2011 have been incorporated in the report before the Council today.
BACKGROUND DOCUMENTS: The Current Council Constitution
(Available for public inspection) Local Government Act 2000
DETAILS see below
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KEY COUNCIL POLICIES The Council Constitution
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EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS N/a
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ASSESSMENT OF RISK:The Council must have Constitution in accordance with the Local Government Act 2000.
SOURCE OF FUNDING:N/a
LEGAL IMPLICATIONS Supplied by Parveen Akhtar-Legal Services Division
FINANCIAL IMPLICATIONS Supplied by N/a
CONTACT OFFICER:Vin Joseph Head of Democratic Services TEL. NO. 793 3009
WARD (S) TO WHICH REPORT RELATE (S): All
Details.
1.0 Introduction
This report deals only with the Articles of the Constitution. These are the 16 common rules that are present in all Council Constitutions. Although some of the names may be different, the model constitution as included with the Local Government Act 2000 and provided by HM Government makes reference to 16 Articles of Governance.
2.0Proposed Changes
The purpose of the review is to consolidate and update information within the Articles to address key issues that have been raised by elected members and officers
The revisions reflect how the Council is responding to recent statutory changes and creates a more simplified approach for use of the Constitution.
The new articles provide a clear and single reference point for the general powers and duties of the Council. All information relating to the powers and duties of Cabinet and the Regulatory Panels is now contained under Article 7and 8
The new Articles attempt to remove any duplications, repetitions and apparent contradictions with other parts of the Constitution, The revised format should enable the Council to react to future statutory changes without the major rewriting of the articles.
2.1 Council will be aware that the Decentralisation and the Localism Bill is progressing through Parliament and could have a direct impact on the content of the Council Constitution. The Council may need to consider further amendments to the Articles once the full detail of the new legislation is assessed.
2.2The Bill currently proposes the deletion of the Standards Board for England which
raises questions regarding the future role and powers of a local Standards Committee
The Standards Committee have recommended the continuation of the existing arrangements contained in Article 9 until the full impact of the Decentralisation and Localism Bill is understood At which time, the Council may need to review Article 9 dependent on what powers will be available ( if any ) to deal with matters of Member conduct.
2.3The proposed change to Articles 2 and 5 are to amend the procedures of the Council.
2.4Article 6 relates to a proposal to combine the functions of the Audit and Accounts and the Budget Scrutiny Committees. The rationale here is concerned with the creation of a strengthened budget, audit and accounts and scrutiny challenge process located in a single committee.
The proposed arrangements would look to streamline decision-making processes, involving a larger group of members. This would enhance public and democratic accountability in relation to the monitoring of accounts and preparation of the final accounts (which is a statutory requirement of current Audit and Accounts Committee). The new arrangements would also minimise duplication of effort and enhance efficiency and effectiveness.
This proposal has been discussed with the District Auditor, who has indicated that such a change would not be detrimental to the Council’s accountancy practices.
It is proposed to introduce these new arrangements for the next municipal year 2012/13
2.5Article 11 has been strengthened to take account of the increased levels of partnership, joint and collaborative working involving Council.
The amendments to Article 11 are to provide elected members and officer’s protection under a legal frame work when they are acting or have been appointed as representative on an outside body or Joint Authority.
An Indemnity Agreement has been prepared and included under Article 11 for consideration.
2.6 The following table lists the proposed changes to the Articles:-
Article / Proposed Change2 / Roles and functions of Councillors have been widened to include Councillors role to contribute to the Direction of Travel of the Council
5 (add paragraph 4) / The Council by a simple majority may
pass a vote of no confidence in the Chair
of the meeting and upon this being carried by the Council the Council may appoint from its membership a Chair for the remainder of the meeting or for the remainder of the Municipal year
either the remainder
6 / Amalgamation of Audit and Accounts Committee and Budget Scrutiny Committee
11 / Article 11 has been strengthened to give greater protection to Councillors and Officers acting on behalf of the Council with partners and Joint Authorities.
3.0 Conclusion
Council is asked to consider and agree the revisions to the Articles of the Constitution
Kevin Brady Barbara Spicer
Monitoring Officer Chief Executive
Council 21st September, 2011
Council Constitution Section 1 Part 2:
Articles of the Constitution
Council
21st September, 2011.
Article 1: The Constitution
1.1Powers of the Council
The Council will exercise all its powers and duties in accordance with the law and this Constitution.
1.2The Constitution
This document, in parts, shall form the Constitution of the Salford City Council.
1.3Purpose of the Constitution
The purpose of the Constitution is to:
a)Enable the Council to provide clear leadership to the community in partnership with citizens, businesses and other organisations;
b)Support the active involvement of citizens in the process of local authority decision making;
c)Help Councillors represent their constituents effectively;
d)Enable decisions to be taken efficiently and effectively;
e)Create a powerful and effective means of holding decision makers to public account;
f)Ensure that no-one will review or scrutinise a Council decision in which they were directly involved;
g)Ensure that those responsible for decision making are clearly identifiable to local people and that they explain the reasons for decisions;
h)Provide a means of continually improving the delivery of services to the community; and
i)Ensure that high standards of probity and ethics are evident in decision making and all activities of the Council.
Article 2: Members of the Council
2.1Composition and eligibility
a)The Council will comprise 60 Members, otherwise called Councillors. Three Councillors will be elected by the voters of each of the 20 wards in accordance with the scheme drawn up by the Local Government Boundary Commission and approved by the Secretary of State.
b) Under the Local Government Involvement in Public Health Act 2007, the Council may determine to adopt a leadership model of an Elected Mayor. By doing so, the Elected Mayor would not be a Member of the Council but would act as an Executive and such an appointment would not affect the total membership number of the Council which stands at 60.
c)Only registered voters of the City of Salford or those living or working in the city will be eligible to hold the office of Councillor.
2.2Election and terms of Councillors
The ordinary election of a third of all Councillors will be held on the first Thursday in May in each year. The terms of office of Councillors will be four years starting on the fourth day after being elected and finishing on the fourth day after the date of the regular election four years later.
2.3Filling of casual vacancies
Casual vacancies which may arise as a result of a Councillor ceasing to be a Member before the termination of their term of office will be filled by the holding of a By-Election. However, in all cases where a person ceases to be a Councillor in the final six months of their term of office, the election will be held in abeyance until the normal May election. The terms of office of Councillors elected at a By-Election will start on the day they are elected and cease on the date four years four days after the date of the original election.
2.4Roles and functions of all Councillors
a)Key roles
All Councillors will:
1)Collectively be the ultimate policy makers and carry out a number of strategic and corporate management functions.
2)Contribute to the good governance of the area and actively encourage community participation and involvement in decision making
3)Effectively represent the interests of their Ward and of individual constituents.
4)Respond to constituents' enquiries and representations fairly and impartially.
5)Participate in the governance and management of the Council and be responsible for actively contributing to the Direction of Travel of the City Council
6)Fully comply with the Member code of conduct and ethics.
7)To promote the democratic arrangements for the Council in accordance with the Local Government Democracy Economic Development and Construction Act 2009.
b)Rights and duties
1)Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law.
2)They will not make public, information which is confidential or exempt without the consent of the Council or divulge information, given in confidence, to anyone other than a Councillor or Officer entitled to know it.
3)For these purposes "confidential" and "exempt" are defined in the Access to Information Rules in section 2 of part 4 of this Constitution.
4)Failure to comply with these requirements could be regarded as a breach of the Members Code of Conduct.
2.5Conduct
Councillors will at all times observe the Members' Code of Conduct and any Protocol on Member/Officer relations and comply with any reasonable request of the Council's Standards Committee.
2.6Allowances
Councillors will be entitled to receive allowances in accordance with the Members' Allowances Scheme
2.7.1Register of interests
a)Preparation
The Council's Monitoring Officer has established and will maintain a register of such financial and other interests of the Members and co-opted Members of the authority, as are specified in the Code of Conduct. All Members and co-opted Members have been, and will be, requested to provide the relevant information and update this as necessary. In addition, reminders as to the need to update information will be sent to Members at the start of each municipal year.
b)Publicity
The Council's Monitoring Officer will publish a notice in the local press stating that copies of the register are available at an identified office of the authority, for inspection by members of the public at all reasonable hours.
2.7.2Gifts and Hospitality
The Council’s Monitoring Officer has established and will maintain a publicly available register of such gifts and hospitality offered to Members and co-opted Members of the Authority as are specified in the Members’ Code of Conduct. All Members and co-opted Members have been and will be required to notify the Monitoring Officer of any qualifying offer of a gift or hospitality.This will also be displayed on the Council website.
2.8Official Opposition
a)The minority party with the largest number of Elected Members on the Council shall be named as the Official Opposition and will assume the role at any time during the Municipal Year.
b)If two or more minority parties have the same number of Elected Members on the Council, the minority party that was previously the Official Opposition shall retain that status.
2.9Seniority of Councillors
Seniority of Councillors is determined as follows:
a)Length of service as a member of Salford City Council, i.e. from April, 1974, plus
b) Length of service as a member of a predecessor authority of Salford City Council, i.e. service with :
Salford City Council (pre-1974 authority)
Eccles Borough Council
Swinton and Pendlebury Borough Council
Irlam Urban District Council
Worsley Urban District Council, plus
c)Length of service as a member of Greater Manchester Council for one of itswards within Salford, plus
d)The length of any break of service of up to four years, i.e. such breaks aredisregarded and service is treated as continuous including the period of such break.
(For the avoidance of doubt, if a Member has a break in service of longer than 4 years, then total length of service is the aggregate of (a), (b) and (c) above)
e)The length of service in all cases should be determined in relation to the month in which it started or ended. As election dates vary during the month of May, this will avoid anomalies where one Member might have a gap of four years two days in service and thus lose all such time, whereas another might have a gap of three years 364 days and retain such time.
Article 3: The Council and its Community
3.1Rights of Members of the Public
Members of the public have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Procedure Rules in section 2 of part 4 of this Constitution.
a)Voting and Petitions
Residents on the electoral roll are eligible to vote and sign a petition to request a referendum for a form of constitution, which includes an elected mayor.
In accordance with the Local Government Economic Development and Construction Act 2009, the Council has made provision for the establishment of petitions on the Council website
b)Information
Members of the public have the right to:
1)attend meetings of the Council and its Committees, Panels and Joint Committees except where confidential or exempt information is likely to be disclosed;
2)attend meetings of the Cabinet except when confidential or exempt matters are being discussed; attend meetings of individual Lead Members with officers, when decisions are to be taken under the scheme of delegation, except when confidential or exempt matters are discussed;
3)inspect the forward plan to ascertain what key decisions will be taken by the Cabinet and, from published agendas, when they will be taken;
4)see all reports and background papers (excepting those covered by the provisions of the Access to Information Act) (and any records of decisions made by the Council and the Cabinet;
5)have made available the Council's accounts and make their views known.
c)Participation
Subject to the provisions set out below, citizens will have a right to participate in meetings which are governed by the Access to Information Rules.
1)General principles
Members of the public will only be allowed to address a meeting subject to the approval of the Chair of the meeting.
2)Community (Area) Committees
Members of the general public will only be allowed to address the meeting subject to the approval of the Chair, and may not vote. However, one appointed representative of recognised community groups including School Governing Bodies may serve as full voting members on Community Committees.
3)Overview and Scrutiny Committees
Any person called upon to give evidence to a Scrutiny Committee will be afforded the opportunity to address the Committee. They will be expected to do so in an appropriate manner and with regard to the Council's procedural rules and the principles established in the Code(s) of Conduct. Scrutiny Committees can make recommendations as to the appointment of co-opted non-voting members and seek the approval of Council thereto.
4)Council Meetings
The Council will make available a 30 minute public question time during which a member of the public or a group's representative may ask a question or speak on a representation which has been previously notified to the Council in accordance with the agreed procedure laid down in the Rules of Procedure for the Council (see section 1 of part 4 of this Constitution).
d)Complaints
Members of the public have the right to complain to:
1)the Council itself under the Council’s complaints scheme
2)the Ombudsman after using the Council's own complaints scheme
3)the Standards Committeeabout a perceived breach of the Councillors' Code of Conduct
3.2Responsibilities of Members of the Public
Councillors and Officers are subject to Codes of Conduct governing their behaviour. Equally, members of the public must not be violent, abusive or threatening to Councillors, officers or others involved in Council business and must not wilfully harm things owned by the Council, Councillors or Officers.
Article 4: The Council Meeting
4.1Meanings
a)Policy framework
The policy framework means the following plans and strategies:
1)The following plans and strategies, which are "not to be the sole responsibility of an authority's executive" by virtue of Regulation 4 and Schedule 3 of The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 ("the Regulations") as amended, and those for the functions referred to below, are to be the responsibility of the Council: