Local Government Act 2000

MIDDLESBROUGH

BOROUGH COUNCIL

CONSTITUTION

DECEMBER 2016

121

CONSTITUTION OF THE COUNCIL

CONTENTS Page

Part 1 – Summary and Explanation 1

Part 2 – Articles of the Constitution 5

Article 1

The Constitution

6 Article 2

Members of the Council

7 Article 3

Citizens and the Council

9 Article 4

The Full Council

Article 5

Chairing the Council

Article 6

Overview and Scrutiny Committees

Article 7

The Executive

Article 8

Policy and Regulatory and other Committees

Article 9

The Standards Committee

Article 10

Joint Arrangements

Article 11

Officers

Article 12

Decision Making

Article 13

Finance, Contracts and Legal Matters

Article 14

Review and Revision of the Constitution

Article 15

/ Suspension, Interpretation and Publication of the Constitution /

Article 16

Other Committees of the Council

Article 17

Financial and Contract Procedure Rules (Standing Orders)

Article 18

Scheme of Delegation

Schedule 1

Description of Executive

Schedule 2

Executive Portfolios

Part 3 – Rules of Procedure 55

Council Procedure Rules

Access to Information Procedure Rules

Budget and Policy Framework Procedure Rules

Executive Procedure Rules

103

Overview and Scrutiny Procedure Rules

108

Officer Employment Procedure Rules

117

Part 4 – Members’ Allowances Scheme 121

Part 5 – Management Structure 129

Part 6 – Codes and Protocols 131

Members’ Code of Conduct

132

Officers’ Code of Conduct

140

Protocol for Members and Officers on Gifts and Hospitality

149

Protocol on Member/Officer Relations

157

Filming of Council Meetings

172

Part 7 – APPENDICES 175

Code of Corporate Governance

176

Monitoring Officer Protocol

189

Statutory Officer Profiles

198

Proper Officer Functions

207

121

Part 1

Summary and Explanation

Summary and Explanation

The Council’s Constitution

Middlesbrough Council has agreed a new constitution which sets out how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by the law, while others are a matter for the Council to choose.

The Constitution is divided into 19 articles which set out the basic rules governing the Council’s business. More detailed procedures and codes of practice are provided in separate rules and protocols at the end of the document.

How the Council operates

The Council is composed of an elected mayor and 46 councillors. Councillors are democratically accountable to residents of their ward. The overriding duty of councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them.

Councillors have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties. The Standards Committee trains and advises them on the code of conduct.

All councillors meet together as the Council. Meetings of the Council are normally open to the public. Here councillors decide the Council’s overall policies and set the budget each year.

Role of Executive

The Council will hold the Executive to account through the scrutiny process and directly in relation to departures from and amendments to the policy framework in accordance with the Rules of Procedure set out in Part 3 of this Constitution.

HOW DECISIONS ARE MADE

The Executive is the part of the Council which is responsible for most day-to-day decisions. The Executive is made up of the Elected Mayor, who is elected by all electors, and an Executive of between 2 and 9 councillors whom they appoint. When major decisions are to be discussed or made, these are published in the Executive’s forward programme in so far as they can be anticipated. If these major decisions are to be discussed with Council officers at a meeting of the Executive, this will generally be open for the public to attend except where confidential matters are being discussed.

The Executive has to make decisions which are in line with the Council’s overall policies and budget. If it wishes to make a decision which is outside the budget or policy framework, this must be referred to the Council as a whole to decide.

OVERVIEW AND SCRUTINY

The Overview and Scrutiny Board and scrutiny panels support the work of the Executive and the Council as a whole. They allow citizens to have a greater say in Council matters by holding inquiries into matters of local concern. These lead to reports and recommendations which advise the Executive and the Council as a whole on its policies, budget and service delivery. Overview and scrutiny also monitor the decisions of the Executive. They can ‘call-in’ a decision which has been made by the Executive but not yet implemented. This enables them to consider whether the decision is appropriate.

They may recommend that the Executive reconsider the decision. They may also be consulted by the Executive or the Council on forthcoming decisions and the development of policy.

The Council’s Staff

The Council has people working for it (called ‘officers’) to give advice, implement decisions and manage the day-to-day delivery of its services. Some officers have a specific duty to ensure that the Council acts within the law and uses its resources wisely. A protocol governs the relationships between officers, councillors and the Elected Mayor.

Citizens’ Rights

Citizens have a number of rights in their dealings with the Council. These are set out in more detail in Article 3. Some of these are legal rights, whilst others depend on the Council’s own processes. The local Citizens’ Advice Bureau can advise on individuals’ legal rights.

Where members of the public use specific Council services, for example as a parent of a school pupil or as a Council tenant, they may have additional rights. These are not covered in this Constitution.

Citizens have the right to:

· vote at local elections if they are registered;

· contact their local councillor and the Elected Mayor about any matters of concern to them;

· obtain a copy of the Constitution;

· attend meetings of the Council and its committees except where, for example, personal or confidential matters are being discussed;

· petition to request a referendum on a form of Executive;

· find out, from the Executive’s forward work programme, what major decisions are to be discussed by the Executive or decided by the Executive or officers, and when;

· attend meetings of the Executive where key decisions are being discussed or decided;

· see reports and background papers, and any record of decisions made by the Council, its committees and Executive, except where they relate to personal or confidential information;

· complain to the Council about any injustice which the complainant feels they may have suffered as a result of the standard of service, actions or lack of actions on the part of the Council or its employees or contractors affecting an individual customer or group of customers;

· complain to the Local Government Ombudsman if they believe that the Council has done something wrong which has caused them personal injustice. In certain exceptional circumstances (for example, complaints such as school admission appeal complaints which require urgent resolution) the Ombudsman may accept a complaint directly. However, the Ombudsman normally requires a complaint to be put through the Council’s own complaints procedure before accepting it.

· complain to the Council’s Monitoring Officer if they have evidence that they think shows that a councillor has not followed the Council’s Code of Conduct; and

· inspect the Council’s accounts and make their views known to the external auditor.

The Council welcomes participation by its citizens in its work. For further information on your rights as a citizen, please contact either the Members’ Office, the Executive Office or Legal Services at The Town Hall, Middlesbrough, TS1 9FX and refer to the Summary of Rights for Public Rights of Access to Council Information.

In this Constitution, the Middlesbrough Borough Council Scheme of Delegation, and the Middlesbrough Borough Council Financial and Contract Procedure Rules (Standing Orders):

· The Chief Executive shall be the Head of Paid Service and the Council’s “Proper Officer” and shall, where permissible by law, discharge any functions delegated to another officer including all civic and ceremonial functions, and is referred to as “the Head of Paid Service”;

· The Strategic Director Finance, Governance and Support shall be the Council’s Section 151 Officer and Chief Finance Officer, and is referred to as “the Chief Finance Officer”; and

· The Head of Legal Services shall be the Monitoring Officer, and is referred to as “the Monitoring Officer”.

Part 2

Articles of the Constitution

Article 1 – The Constitution

1.1 Powers of the Council

The Council will exercise all its powers and duties in accordance with the law and this Constitution.

1.2 The Constitution

This Constitution, excluding all its appendices, is the Constitution of Middlesbrough Council.

1.3 Purpose of the Constitution

The purpose of the Constitution is to:

i) enable the Council to provide clear leadership to the community in partnership with citizens, businesses and other organisations as set out in the Sustainable Community Strategy – Vision 2030;

ii) support the active involvement of citizens and stakeholders in the process of local authority decision-making;

iii) help councillors represent their constituents more effectively;

iv) enable decisions to be taken efficiently and effectively;

v) create a powerful and effective means of holding decision-makers to public account;

vi) ensure that no one will review or scrutinise a decision in which they were directly involved;

vii) ensure that those responsible for decision making are clearly identifiable to local people and that they explain the reasons for decisions; and

viii) provide a means of improving the delivery of services to the community.

1.4 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 15.

Article 2 – Members of the Council

2.1 Composition and Eligibility

(a) Composition

The Council comprises 46 councillors and the Elected Mayor. Councillors will be elected by the voters of each ward in accordance with a scheme drawn up by the Local Government Committee and approved by the Secretary of State. The Elected Mayor will be elected in accordance with the provisions of Article 2.4.

(b) Eligibility

Only registered voters of the area or those living or working there will be eligible to hold the office of councillor or Elected Mayor.

2.2 Election and Terms of Councillors

Election and Terms

The regular election of councillors will be held on the first Thursday in May every four years. 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.

2.3 Roles and Functions of all Councillors

(a) Key Roles

The Elected Mayor and councillors will:

(i) collectively be the ultimate policy-makers and carry out a number of strategic and corporate functions;

(ii) contribute to the good governance of the area and actively encourage community participation and citizen involvement in decision making;

(iii) effectively represent the interests of their ward and of individual constituents;

(iv) respond to constituents’ enquiries and representations, fairly and impartially;

(v) participate in the governance and management of the Council; and

(vi) maintain the highest standards of conduct and ethics.

(b) Rights and Duties

(i) The Elected Mayor and the 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) The Elected Mayor and the 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 officer entitled to know it. (for these purposes, “confidential” and “exempt” information are defined in the Access to Information Rules in Part 3 of this Constitution.)

2.4 Election of The Elected Mayor

The term of office for the Elected Mayor will be 4 years. They will take office on the fourth day after their election and will continue in office until the fourth day after their successor is elected, unless they cease to be the Elected Mayor.

2.5 Conduct

The Elected Mayor and the councillors will at all times observe the Members’ Code of Conduct and the Protocol on Member/Officer Relations set out in Part 6 of this Constitution.

2.6 Allowances

The Elected Mayor and the councillors will be entitled to receive allowances in accordance with the Members’ Allowances Scheme set out in Part 4 of this Constitution.

Article 3 – Citizens and The Council

3.1 Citizens’ Rights

Citizens have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Rules in Part 3 of this Constitution:

(a) Voting and petitions

Citizens on the electoral roll for the area have the right to vote and sign a petition to request a referendum for an elected mayor form of Constitution.

(b) Information

Citizens 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) attend meetings of the Executive when key decisions are being considered except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private;

(iii) find out from the forward work programme what key decisions will be taken by the Executive and when;