PART 2 ARTICLES OF THE CONSTITUTION Article 1 - The Constitution 1.01 Powers of the Council The Council will exercise all its powers and duties in accordance with the law and this Constitution having regard at all times, to the corporate objectives of the Council set out in Article 1.04. and can be found in its Corporate Performance Plan. More detailed objectives and policy decisions can be seen in supporting strategies and policies that are listed in Article 4 of this document. In addition a Community Plan for the Borough has been developed by the Local Strategic Partnership, which is facilitated by the Borough Council. 1.02 The Constitution This Constitution, and all its appendices, is the Constitution of the Oadby and Wigston Borough Council. The purpose of the Constitution is to: 1. Enable the Council to provide clear leadership to the community in partnership with Residents, businesses and other organisations; 2. Support the active involvement of Residents in the process of local authority decision-making; 3. Help Councillors represent their constituents more effectively; 4. Enable decisions to be taken efficiently and effectively; and with the principal of open accountable local government 5. Create a powerful and effective means of holding decision-makers to public account; 6. Ensure that no Member will review or scrutinise a decision in which they were directly involved; 7. Ensure that those responsible for decision-making are clearly identifiable to local people and that they explain the reasons for decisions; and 8. Provide a means of improving the delivery of services to the community. and ensuring the delivery of efficient effective and high quality services 9. Stimulate a strategically led organisation with appropriate delegation of power, effective performance management and the effective use of resources 1.03 Interpretation and Review of the Constitution Where the Constitution permits the Council to choose between different courses of action, the Council will always choose that option which it thinks is closest to the purposes stated above. The Council will monitor and evaluate the operation of the Constitution as set out in Article 14 1.04 Corporate Objectives The Corporate Objectives of the Council which the Chief Executive shall keep under review and to which the Council shall have regard in exercising all its powers and duties are for the period 2006 – 2016 as follows:- 1. A good quality of life for all residents 2. A clean, green and safer environment 3. A successful economy To facilitate these priorities the Council has identified 7 objectives as follows:- • To continually improve communication with our residents through the Area Forums and by transforming our services to suit the needs of our residents • Work with partners to improve health and safety within the community by tackling the causes of, and to reduce the incidents of, crime and anti-social behaviour • Minimise waste, increase recycling and reduce demand for landfill • Promote and improve our parks and open spaces in conjunction with our local community and maintain clean streets to provide a cleaner, greener, safer environment, so that people will respect their surroundings and one another • To improve and encourage the use of our leisure facilities to improve the health and well-being of the local community • To promote the local economy and to enhance the local environment using the planning process • Work with partners to improve the standard and energy efficiency of all homes across the Borough, deliver affordable housing and to have Council and private housing which meets the Decent Homes Standard, details of which are in the Council’s Housing Strategy and Business Plan Article 2 – Members of the Council 2.01 Composition and Eligibility (a) Composition. The Council will comprise 26 members, otherwise called Councillors. One or more Councillors will be elected by the voters of each ward in accordance with a scheme drawn up by the Local Government Commission and approved by the Secretary of State. (b) Eligibility. Only registered voters of the Borough or those living or working there will be eligible to hold the office of Councillor. 2.02 Election and Terms of Councillors The regular election of Councillors will be held on the first Thursday in May every four years from 2003. The terms of office of Councillors will start on the fourth day after being elected and will finish on the fourth day after the date of the next regular election. 2.03 Roles and Functions of All Councillors (a) Key roles. All Councillors will: (i) collectively be the ultimate policy-makers and carry out a number of strategic and corporate management functions; (ii) represent their communities and bring their views into the Council’s decision-making process, i.e. become the advocate of and for their communities; (iii) where appropriate to deal with individual casework and act as an advocate for constituents in resolving particular concerns or grievances; (iv) balance different interests identified within the Ward they are elected to serve and represent the Ward as a whole; (v) be involved in decision-making; (vi) be available to represent the Council on other bodies; and (vii) maintain the highest standards of conduct and ethics. (viii) participate in the governance and management of the Council (ix) contribute to the good governance of the area and actively encourage community participation and citizen involvement in decision making. (b) Rights and duties (i) 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 (ii) Councillors 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 officers entitled to know it. (iii) For these purposes “confidential” and “exempt” information are defined in the Access to Information Rules in Part 4 of this Constitution. (iv) Councillors have the right to put forward issues for consideration on agendas of Committees of the Council 2.04 Conduct Councillors will at all times observe the Members' Code of Conduct and associated protocols set out in Part 5 of this Constitution. 2.05 Allowances Councillors will be entitled to receive allowances in accordance with the Members' Allowances Scheme set out in Part 6 of this Constitution as amended from time to time. 2.06 Role and Function of the Leader of the Council The Council will appoint a Leader who will provide clear leadership to the community. He or she may present a regular “Leader’s” report to the Council on which questions or comments from other Councillors or members of the public will be taken, in accordance with Part 4 of the Constitution. The leader will hold office until:- a) he or she resigns from office or b) he or she is suspended from being a district councillor under part (iii) of the LGA 200 (although he or she may resume office at the end of the period of suspension subject to provisions of this constitution) or c) he or she is removed from office by resolution of the Borough Council or d) the annual meeting of the Borough Council next following his or her appointment 2.06.1 The Deputy Leader Oadby and Wigston Borough Council may if it considers it appropriate to do so, appoint a Deputy Leader. The Deputy Leader where such an appointment is made, will hold office on the terms listed at paragraph 2.06 in respect of the Leader when the Leader is absent 2.07 Role and Function of Chairman & Vice Chairman in His or Her Absence at Committee I. To agree the agenda. II. To chair Committee Meetings. III. To attend and represent the council at internal and external meetings and functions. 2.08 Role and Function of Member Champion A champion is an individual appointed by full council or a policy committee to: I. Promote the interest of their appointed brief or cause. II. Develop expertise within their appointed brief or cause. III. Attend functions, training and seminars on behalf of the Council. IV. To represent the Council. 2.09 Cessation of Membership A councillor will cease to be a member if they resign by giving notice in writing, if they fail to observe the requirements to attend Council meetings as prescribed by Section 85 of the LGA 1972 or if they are disqualified from holding office by virtue of Section 80 of LGA 1972 or any other statutory provision. Article 3 - Residents and the Council 3.01 Residents' Rights Residents' have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Rules in Part 4 of this Constitution. (a) Voting and Petitions. Residents on the Register of Electors for the area have the right to vote and sign a petition to request a referendum for an elected mayor form of Constitution.. N W – Citizens have the right to sign and present a petition to the Council and to address members in support. This is however subject to the Rules of Procedure in Part 4 of the Constitution (b) Information. Residents have the right to: (i) attend meetings of the Council and its committees except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private; (ii) see reports and background papers and any records of decisions made by the Council, standing committees and ask for copies of these, but must pay a reasonable copying charge; and (iii) inspect the Council's accounts and make their views known to the external auditor. (c) Participation. Residents have a right to contribute to investigations by the Overview and Scrutiny Panel and a right subject to the rules laid down in Part 4 of the Constitution to speak at Committee meetings. (d) Complaints. Residents have the right to complain to: (i) the Council itself under its complaints scheme; (ii) the Ombudsman after using the Council's own complaints scheme: (iii) the Standards Board for England about a breach of the Councillor's Code of Conduct. 3.02 Residents' Responsibilities Residents must not be violent, abusive or threatening to Councillors or officers and must not wilfully harm things owned by the Council, Councillors or officers. When attending meeting residents must not behave improperly, offensively or interrupt the business of the meeting. If they do they will be removed and excluded from the meeting. Article 4 - The Full Council 4.01 Meanings (a) Policy Framework. The policy framework means the following plans and strategies and such others as the Council shall determine to be included in the policy framework. Corporate Plan Best Value Performance Plan Financial Strategy Crime and Disorder Reduction Strategy Plans and strategies which together comprise the Development Plan Community Plan The plan and strategy which comprise the Housing Strategy Housing Business Plan Local Agenda 21 Strategy Such other Strategies as from time to time be adopted. This list potentially can be added to either through Government initiatives or through locally determined priorities (b) Budget The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the Council Tax base, setting the Council Tax and Council house rents and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and the setting of virement limits. (c) Housing Land Transfer Housing Land Transfer means the approval or adoption of applications (whether in draft form or not) to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985. 4.02 Functions of the Full Council (as set out in Part 3 of this Constitution) Only the Council will exercise the following functions: (a) adopting and changing the Constitution; (b) approving or adopting the policy framework, the budget and any application to the Secretary of State in respect of any Housing Land Transfer; (c) agreeing and/or amending the terms of reference for Committees and Working Parties and deciding on their composition and making appointments to them; (d) appointing representatives to outside bodies unless the appointment has been delegated by the Council; (e) adopting an allowances scheme under Article 2.05 (Members' Allowances); (f) changing the name of the area, conferring the title of honorary alderman; (g) confirming the appointment or dismissal of the Head of Paid Service, s 151 Officer, the Monitoring Officer and Chief Officers(s 2 Local Government and Housing Act 1989) ; (h) making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal Bills; (i) electing the Mayor and Deputy Mayor of the Council; and electing the Leader and Deputy Leader of the Council. (j) approving the setting up of joint arrangements and delegation to another local authority; (k) any matter which is not in accordance with the Policy framework; and (l) all other matters which, by law, must be reserved to Council. 4.03 Council Meetings There are 3 types of Council meeting; (a) the annual meeting; (b) ordinary meeting; (c) extraordinary meetings. And they will be conducted in accordance with the Council procedure Rules in Part 4 of this Constitution. Article 5 - Chairing the Council 5.01 Role and Function of the Mayor and Deputy Mayor The Mayor and the Deputy Mayor hold office for one year and will be elected by the Council at the annual meeting of the Council. Neither shall be eligible for re-election as Mayor or Deputy -Mayor respectively for a third consecutive year. Some Councils have an elected Mayor who is a directly elected political leader however in OWBC the role is one of civic leader. The Mayor of Council and in his or her absence, the Deputy-Mayor will have the following roles and functions: (i) CEREMONIAL ROLE The Mayor is the personification of the Council on all ceremonial occasions at which the Council is represented. (ii) CHAIRING THE COUNCIL MEETINGS (iii) FUNCTIONS The Mayor will have the following responsibilities: 1. to uphold and promote the purpose of the Constitution, 2. to preside over meetings of the Council so that its business can be carried out efficiently and with regard to the rights of Councillors, the interests of the community and the corporate objectives of the Council; 3. to ensure that the Council meeting is a forum for the debate of matters of concern to the local community; and a place where members who do not sit on Policy Committees or hold committee Chairs are able to hold members or policy committee and committee Chairs to account; 4. to promote public involvement in the Council’s activities; 5. to be the conscience of the Council; and 6. to attend such civic and ceremonial functions as the Council and he/she determines appropriate. Full details are covered in the code of conduct for the Mayor in part 5. Article 6 – Overview and Scrutiny Panels 6.01 Composition and Terms of Reference The Council will appoint an Overview and Scrutiny Panel to discharge the functions conferred by Section 21 of the Local Government Act 2000 or regulations made under Section 32 of the Local Government Act 2000 in relation to the matters set out in the right hand column of the same table. The Overview Panel shall comprise of 10 Councillors appointed by the Council and must comply with political balance rules where practicable Committee Scope Overview and Scrutiny Panel The following is an indication of the scope and function of the overview panel. To perform the Overview role in relation to: Review selected decisions of the Services and Policy Committees and other groups reporting to these Committees. Monitor the implementation of decisions of the Services and Policy Committees and other groups reporting to these Committees. Suggest areas which require review within the remit of the Services and Committees and carry out work to make recommendations to those Committees. Undertake tasks as allocated from time to time concerning the functions within the remit of the Services Committee as requested by those Committees. Monitor the decisions and effects of quangos outside of the Council’s control, on the residents of the Borough, for example, Health Trusts, PCGs, and the Health Authority. to assist the Council in the development of the Council’s annual budget and to review and scrutinise the Council’s performance in relation to budgetary management; to assist the Council in the development of a budget strategy; to review the management of resources made available to the Council and to scrutinise its financial management, property and asset acquisition and disposal, and capital programme; to promote procedures which ensure proper custodianship of Council finances, making recommendations to the Council for best financial practice across the Council; to review the operation of the Council's financial regulations making proposals to the Council for their development; to receive reports from the District Auditor, and the Council's internal auditor making suggestions for improvement in practice to Council as required as a result of those reports. monitoring and assessing quality of service across the Council; identifying and promoting best practice in relation to service delivery; co-ordinating and publishing information on service performance; receiving reports on quality and service from the Officers and Committees and recommending improvements as appropriate; recommendations for matters to be included in the annual best value performance plan, and/or best value reviews to be conducted; reviewing and reporting on the Council’s performance against the best value performance plan; the Council’s best value performance and review of good governance of the Council Suggest and initiate Policy development relevant to the functions of the Policy Committee, carrying out preparatory work as necessary. Co-ordinate Best Value Reviews. Receive and monitor the implementation of recommendations of internal and external audit reports. And any other functions agreed by Full Council 6.02 General Role Within the terms of reference, the Overview and Scrutiny Panel will: (i) review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions; (ii) make reports and/or recommendations to the Full Council and/or any policy, joint of area committee in connection with the discharge of any functions; (iii) consider any matter affecting the area or its inhabitants; and (iv) exercise the right to call-in, for reconsideration, decisions made but not yet implemented by any policy committee and area forum. 6.03 Specific Functions (a) Policy development and review Overview and Scrutiny Panels may: (i) assist the Council in the development of its budget and policy framework by in-depth analysis of policy issues; (ii) conduct research, community and other consultation in the analysis of policy issues and possible options; (iii) consider and implement mechanisms to encourage and enhance community participation in the development of policy options. (iv) question members of committees and chief officers about their views on issues and proposals affecting the area; and (v) liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working. (b) Scrutiny Overview and Scrutiny Panels may: (i) review and scrutinise the performance of and decisions made by committees and Council officers both in relation to individual decisions and over time; (ii) review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular services areas; (iii) question members of committees and chief officers about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects; (iv) make recommendations to appropriate committee and/or Council arising from the outcome of the Overview process; (vi) question and gather evidence from any person (with their consent). (vii) review and scrutinize performance of other public bodies in area and invite reports. (c) Finance Overview and Scrutiny Panels may exercise overall responsibility for the finances made available to them. (d) Annual report Overview Panels must report at least annually to full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate. Adequate officer support will be provided to the Overview and Scrutiny Committee to ensure that it may exercise its responsibilities under the Constitution satisfactorily 6.04 Proceedings of Overview and Scrutiny Panel Overview and Scrutiny Panels will conduct their proceedings in accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of this Constitution. Article 7 - Committees appointed by the Council 7.01 The Council will appoint the committees set out in the left hand column of table 2 in Part 3 of this Constitution - Responsibility for Council Functions, to discharge the functions specified in that table Article 8 - The Standards Committee 8.01 Standards Committee The Council meeting will establish a Standards Committee. 8.02 Composition (a) Membership Council Members shall be chosen as far as practicable from each political group on the Council The Standards Committee will be composed of at least:- Two Councillors (but not the leader nor a directly elected Mayor) to be chosen as far as practicable from each political group and three Persons who are not Councillors or Officers of the Council (or any other body having a Standards) Committee (Independent Members). Independent Members Independent Members will be entitled to vote at meetings; Their appointment shall be approved by at least 75% of all Members of the Council in compliance with the regulations. Independent Members shall not be closely connected to any Councillor. Note 1. 'Independent' in this context means simply a person who is not a Member or Officer of the Council, any parish council in the district or any other relevant authority – "the relevant authorities". It has no connotation with political independence from any party or political group (c) Term of Appointment: An Independent Member shall retire after four years (but remain eligible for re-appointment subject to the normal course of appointment unless otherwise resolved by full Council. (d) Quorum The quorum for any meeting of the Standards Committee or any sub-committee of the Standards Committee shall be three members of whom at least one shall be an Independent Member. Chairing the Committee – The Committee will be chaired by an Independent Member, as selected at the first meeting of the Standards Committee after the Annual General Meeting. 8.03 Role and Function The Standards Committee will have the following roles and functions: (a) promoting and maintaining high standards of conduct by Councillors and co-opted members; (b) assisting the Councillors and co-opted members to observe the Members' Code of Conduct; (c) advising the Council on the adoption or revision of the Members' Code of Conduct (d) monitoring the operation of the Members’ Code of Conduct, (e) advising, training or arranging to train Councillors and co-opted members on matters relating to the Members' Code of Conduct; (f) granting dispensations to Councillors and co-opted members from requirements relating to interests set out in Members' Code of Conduct; (g) dealing with any reports from a case tribunal or interim case tribunal, and any report from the Monitoring Officer on any matter which is referred by an Ethical Standards Officer to the Monitoring Officer; to hold hearings of any matter which is referred to the Standards Committee by the Standards Board of England (h) to support the Monitoring Officer in discharging his role in respect of standards of conduct and behaviour, (i) receiving reports from time to time from the Monitoring Officer concerning the operation of Members' Code of Conduct and in respect of his/her statutory functions under the Local Government and Housing Act 1989, (j) overview of the Council's 'whistle blowing' policy; any Anti–Fraud and Corruption policy and other Codes of Conduct (k) overview of complaints handling and Ombudsman investigations. Making recommendations from time to time for amendments to the Council’s Disciplinary and Grievance procedures arsing out of any matter within the Committees Terms of Reference generally in connection with the Public Interest Disclosure Act 1998 Responding to issues raised by the LGA and Central Government and any other organisation about any matter relating to the general principles of conduct for Members or employees of the Council Liaising between the Council and external agencies in particular the External Auditor and the Local Government Ombudsman in connection with any matter with the Committee’s term of reference Developing guidance in relation to members conduct whilst representing the Council on outside partnerships companies or organisations Providing guidance on, and keeping under review, arrangements for the declaration of Members financial and non-financial interests Considering and reporting to the Council on breaches of Council Codes and Protocols by Members’ as the Committee considers appropriate Article 9 - Area Forums 9.01 Area Forums The Council may appoint such Area Forums as it sees fit, if it is satisfied that to do so will ensure improved service delivery in the context of best value and more efficient, transparent and accountable decision making. Area Forums will discharge the functions delegated to them by Council; Area Forums will have budgets delegated by Council subject to the overview of the relevant spending Committee whose remit covers the relevant service area. 9.01.2 The form, composition and function of Area Forums may vary. Their main roles are to deliver policy and provide a link between residents, partners and councillors to encourage active community participation. 9.02 Conflicts of Interest - Membership of Area Forums and Overview and Scrutiny Panels (a) Conflict of interest If an Overview Panel is scrutinising specific decisions or proposals in relation to the business of the area forum of which a Councillor concerned is a member, then the Councillor may not speak or vote at the Overview Panel unless a dispensation to do so is given by the Standards Committee. (b) General policy review. Where the Overview Panel is reviewing policy generally the member must declare his/her interest before the relevant agenda item is reached, but need not withdraw. – Go with Overview Panel 9.03 Area Forums - Access to Information Any Area Forums established will comply with the Access to Information (Rules in Part 4 of this Constitution. 9.04 The Council may set up, dissolve and change the composition of the Area Forums it creates, remit, structure and nature. 9. 05 Working Groups Whilst the Council will operate predominantly through a Committee and Forum system, it may from time to time create Working Groups, the purpose of which neither lend themselves to the formality of the committee structure or the time limited, task related nature of Task Groups. Working Groups will be non-decision making groups acting in an advisory capacity to a decision making body. Article 10 - Joint Arrangements 10.01 Arrangements to Promote Well Being The Council, in order to promote the economic, social or environmental well-being of its area, may: (a) enter into arrangements or agreements with any person or body; (b) co-operate with, or facilitate or co-ordinate the activities of, any person or body; and (c) exercise on behalf of that person or body any functions of that person or body. 10.02 Joint Arrangements (a) The Council may establish joint arrangements with one or more local authorities and/or their executives to exercise functions in any of the participating authorities, or advise the Council. Such arrangements may involve the appointment of a joint committee with these other local authorities. (b) Except as set out below, the Council may only appoint members to a joint committee and those members shall where possible reflect the political composition of the local authority as a whole. (c) Details of any joint arrangements including any delegations to joint committees will be found in the Council's Scheme of delegations in Part 3 of this Constitution. 10.03 Access to Information The Access to Information Rules in Part 4 of this Constitution apply. – 10.04 Delegation To and From Other Local Authorities (a) The Council may delegate functions to another local authority or, in certain circumstances, the executive of another local authority. (b) The decision whether or not to accept such a delegation from another local authority shall be reserved to the Council meeting. 10.05 Contracting Out The Full Council may contract out, to another body or organisation, 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. These are Ministerial Orders allowing local authorities to contract out specific functions. Those made so far deal with Tax Billing, Collection and Enforcement, Investment Functions, Allocation of Housing and Homelessness and certain County Council functions, or under contracting arrangements where the contractor acts as the Council's agent under usual contacting principles, provided there is no delegation of the Council's discretionary decision making. Article 11 - Officers 11.01 Management Structure (a) General The Full Council may engage such staff (referred to as officers) as it considers) necessary to carry out its functions. (b) Chief Officers The full Council will engage persons for the following posts, who will be designated Chief Officers: Post Functions and Areas of Responsibility Chief Executive (and Head of Paid Service) Overall corporate management and operational responsibility (including overall management responsibility for all officers). Departmental management and operational responsibility for the following service areas. Personnel Services; Member Services; Corporate Policy. Corporate Services (postal services and photocopying) Best Value; Public Relations/Information; Local Agenda 21;Economic Development; Forward Planning; Best Value; Community Safety; Policy advice Provision of professional advice to all parties in the decision making process. Together with the Monitoring Officer, responsibility for a system of record keeping for all the Council's decisions and reviewing the constitution. Representing the Council on partnership and external bodies (as required by statute or the Council). Director of Resources (and Chief Finance Officer) Departmental management and operational responsibility for the following service areas: Audit; Legal &; Licensing; Electoral Registration; Financial Administration; Accountancy; Collection of Revenues (Council Tax, Non-Domestic Rates, Former tenants arrears and Other Debts); Housing and Council Tax Benefit; Asset Management; Customer Service Centre; ICT Systems; Exchequer; Payroll Statutory responsibility of Head of Paid Service set out in 11.02 below. Statutory responsibilities of Chief Finance Officer set out in 11.04 below. Director of Development and Consumer Services Departmental management and operational responsibility for the following service areas: Development Control; Local Plans; Transport and Engineering Services; Building Control; Conservation of Built and Natural Environment; Listed Building Grants; Street Naming and Numbering; Street Cleansing, Leisure Facilities, Brockshill, Refuse & Recycling Client Services Director of Community Services Departmental management and operational responsibility for the following service areas: Housing Services; Housing Aid and Advice; Community Partnerships/ Development; Arts Development; Sports Development Environmental Health and Services including Dog Warden Service, Pest Control Service; Watercourses; Pollution Control (c) Head of Paid Service, Monitoring Officer and Chief Finance Officer. The Council designates the following posts as shown: Post Designation Chief Executive Head of Paid Service Head of Legal and Licensing Monitoring Officer Director of Resources Chief Finance Officer Such posts will have the functions described in Article 11.02-11.04 below. (d) Structure 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 senior officers. 11.02 Functions of the Head of Paid Service (a) Discharge of functions by the Council 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. (b) Restriction on post The Head of Paid Service may not be the Monitoring Officer but may hold the post of Chief Finance Officer if a qualified accountant. (c) Policy Advisor. 11.03 Functions of the Monitoring Officer (a) 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, staff and the public. The Monitoring Officer’s Protocol is set out In Part 5 (b) 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 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. (c) Supporting the Standards Committee The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Standards Committee. (d) Receiving reports The Monitoring Officer will receive and act on reports made by Ethical Standards Officers and decisions of the case tribunals. (e) Conducting investigations The Monitoring Officer will conduct investigations into matters referred by Ethical Standards Officers and make reports or recommendations in respect of them to the Standards Committee. The Monitoring Officer will receive and act on reports or recommendations in respect of them to the Standards Committee (f) Proper officer for access to information The Monitoring Officer will ensure that decisions, together with the reasons for those decisions and relevant officer reports and background papers are made publicly available as soon as possible. (g) 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. (h) Ensuring lawfulness in the Council’s decision making process The Monitoring Officer will oversee vires (legality) issues. (i) Establishing and maintaining a Register of Interests of Members and Co-opted Members of the Council The Monitoring Officer will ensure sound advice to all Members on these potentially difficult questions and to ensure that regular updates are sought. The Monitoring Officer will also be obliged to maintain a register of gifts and hospitality (6)(i) Restrictions on post The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service. 11.04 Functions of the Chief Finance Officer (a) Ensuring Lawfulness and financial prudence of decision making After consultation with the Head of Paid Service and the Monitoring Officer, the Chief Finance Officer will report to the full Council and 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 of deficiency or if the council is about to enter an item of account unlawfully. [s.114 Local government finance Act, 1988] (b) Administration of financial affairs The Chief Finance Officer will have responsibility for the administration of the financial affairs of the Council. [s.151 Local Government Act, 1972] (c) 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. (d) Providing advice The Chief Finance 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 and will support and advise Councillors and officers in their respective roles. (e) Giving financial information The Chief Finance Officer will provide financial information to the media, members of the public and community. 11.05 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. 11.06 Conduct Officers will comply with the Officer's Code of Conduct and the Protocol on Officer/Member Relations set out in Part 5 of this Constitution. 11.07 Employment The recruitment, selection and dismissal of officers will comply with the Officer Employment Rules set out in this Constitution.(Part 4) 11.08 General Delegated Powers and Proper Officer Responsibilities (a) All Chief Officers shall have power to do all such things and exercise all such discretions within their respective functions and areas of responsibility as set out in Article 11.01(b) above in relation to all operational matters, subject strictly to the Delegation Rules in Part 3. These powers, though described in general terms, are intended to allow Chief Officers freedom of operational management, within service areas, within policy and within budget. Where there is doubt as to whether a power exists or existed, the Chief Executive shall advise and may certify in writing accordingly. (b) Any limit or restriction upon the general delegated powers under paragraph 3 of the Delegation Rules shall be reported to the Council and recorded by the Proper Officer [paragraph 4, ibid]. In this paragraph and in all the Part 4 Rules relating to committee and Council administration, reference to the 'Proper Officer' shall mean the Chief Executive or such suitably experienced senior officer as the Chief Executive shall appoint (c) Unless otherwise provided by law or in this constitution, each Chief Officer, within his or her respective functions and areas of responsibility set out in Article 11.01(b), shall also be the respective 'proper officer' in all cases where statute or regulation requires or provides for the Council to appoint a 'proper officer' but any Chief Officer may delegate any such responsibility to a suitably experienced senior officer (d) All proper officer appointments not already set out in this constitution, other than general appointment under paragraph (c) above, whether of, or under delegation by, any Chief Officer, shall be recorded by the Chief Executive and that record shall be kept up to date and available for inspection in the same manner as the scheme of delegations of powers. Article 12 - Decision Making 12.01 Responsibility for Decision Making The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution. 12.02 Principles of Decision Making All decisions of the Council will be made in accordance with the following principles: (a) proportionality, i.e. the action to be taken shall be proportionate to the desired outcome (b) due consultation and the consideration of professional advice from officers (c) respect for human rights (d) presumption in favour of openness, helpfulness and consistency (e) clarity of aims and desired outcomes (f) consideration of available options and giving reasons for decisions (see Blaby’s) 12.03 Decision Making By the Full Council Subject to Article 12.06, the Council meeting will follow the Council Procedures Rules set out in Part 4 of this Constitution when considering any matter. 12.04 Decision Making By Committees Committees will follow the Committee Procedures Rules set out in Part 4 of this Constitution when considering any matter. 12.05 Decision Making By Other Committees Established By the Council Subject to Article 12.06, other Council committees and sub-committees will follow those parts of the Council Procedures Rules set out in Part 4 of this Constitution as apply to them. 12.06 Decision Making By Council Bodies Acting as Tribunals The Council, a Councillor or an officer acting as a panel or tribunal or in a quasi judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights. 12.07 Appeals The decision of an Officer may be first heard on appeal by a Chief Officer and thereafter Member Panel. The Appeals panel of members will consist of 9 members, politically balanced where practicable. No member may sit on this panel until he or she has undergone basic training on law and procedure relating to the functions of the panel. Where any appeal arises from a decision delegated to any officer, committee or any sub-committee, neither that officer, member, committee or sub-committee nor any member of that committee or sub-committee nor any person previously having had any part in the relevant decision shall be involved in the decision appeal. Article 13 - Finance, Contracts and Legal Matters 13.01 Financial Management The management of the Council's financial affairs will be conducted in accordance with the financial rules set out in Part 4 of this Constitution. 13.02 Contracts Every contract made by the Council will comply with the Contracts Procedure Rules set out in Part 4 of this Constitution. 13.03 Legal Proceedings The Head of Legal and Licensing is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Head of Legal considers that such action is necessary to protect the Council's interests. The rules and procedures in respect of legal proceedings brought by and against the Council are set out in the Legal Proceeding rules. Part 4) 13.04 Authentication of Documents Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Chief Executive or Head of Legal or other person authorised by either of them, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person. 13.05 Common Seal of the Council The Common Seal of the Council will be kept in a safe place in the custody of the Head of Legal and Licensing. A decision of the Council, or any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Common Seal will be affixed to those documents which in the opinion of the Head of Legal should be sealed. The affixing of the Common Seal will be attested by the Mayor (or some other member authorised by him/her) and by the Chief Executive or the Head of Legal and Licensing or some other person authorised by the Chief Executive. Article 14 - Review and Revision of the Constitution 14.01 Duty to Monitor and Review the Constitution The Chief Executive and the Monitoring Officer will monitor and review the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect. Protocol for Monitoring and Review of Constitution By Monitoring Officer A key role for the Monitoring Officer is to be aware of the strengths and weaknesses of the Constitution adopted by the Council, and to make recommendations for ways in which it could be amended in order better to achieve the purposes set out in Article 1. In undertaking this task the Monitoring Officer may: 1. observe meetings of different parts of the member and officer structure; 2. undertake an audit trail of a sample of decisions; 3. record and analyse issues raised with him/her by members, officers, the public and other relevant stakeholders; and 4. compare practices in this authority with those in other comparable authorities, or national examples of best practice. 14.02 Changes to the Constitution The Monitoring Officer in consultation with the Chief Executive is authorised to make such changes as are necessary following legislative or other statutory changes and minor procedural and operational changes. Changes to be reported through the Monthly Bulletin. Any other change to the constitution will only be approved by full Council. Article 15 - Suspension, Interpretation and Publication of the Constitution 15.01 Suspension of the Constitution (a) Limit to suspension The Articles of this Constitution may not be suspended. The Rules specified in Part 4 may be suspended by the full Council to the extent permitted within those Rules and the law. (b) Procedure to suspend A motion to suspend any rules capable of suspension may be moved with or without notice provided that half of the whole number of Councillors are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Article 1 but shall not extend beyond the meeting. (c) Rules capable of suspension All of the Council Procedure Rules set out in Part 4, except Rule 16.6 (right to require individual vote to be recorded) and Rule 22 (suspension), may be suspended in accordance with this Article but in every case only upon a request of two thirds of the Councillors present and voting. 15.02 Interpretation The ruling of the Leader of Council as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretation will have regard to the purposes of this Constitution contained in Article 1. 15.03 Publication (a) The Chief Executive will give a printed copy of this Constitution to each member of the authority upon delivery to him/her of that individual's declaration of acceptance of office on the member first being elected to the Council. (b) The Chief Executive will ensure that copies are available for inspection at council offices, libraries and other appropriate locations, and can be purchased by members of the local press and the public on payment of a reasonable fee. (c) The Chief Executive will ensure that the Constitution is made widely available within the area and is updated as necessary. PART C SCHEDULE 1: DESCRIPTION OF ALTERNATIVE ARRANGEMENTS The following parts of this constitution constitutes the alternative arrangements: 1. Article 6 (Overview and Scrutiny panel) and the Overview Procedure Rules; 2. Article 7 (Policy and other committees) and Part 3 Responsibility for Function