BASIC PRINCIPLES THE BASIC PRINCIPLES • LOCAL GOVERNMENT ACT 2000 • A SEPARATION OF POWERS Checks and balances • ALL COUNCILS MUST CHOOSE ONE FORM OF EXECUTIVE GOVERNANCE 1. ELECTED MAYOR + CABINET 2. LEADER + CABINET-The chosen option for Gloucester City Council 3. ELECTED MAYOR + COUNCIL MANAGER 4. Small Councils could retain Committee system (abolished) • LOCAL AUTHORITIES (FUNCTIONS & RESPONSIBILITIES) (ENGLAND) REGULATIONS 2000 Specify who does what • LOCAL GOVERNMENT ACT 2000 (CONSTITUTION) (ENGLAND) REGULATIONS 2000
OUR CONSTITUTION • A REQUIREMENT OF THE LOCAL GOVERNMENT ACT 2000 To prepare,publicise and keep up to date a written constitution. • BASIC SET OF RULES GOVERNING HOW THE COUNCIL OPERATES Covers governance arrangements, role of Councillors and officers, functions of Council,Cabinet and Committees,Standing Orders,Financial Regulations, principles of decision-making and codes of conduct • HAS THE FORCE OF LAW - WE MUST COMPLY WITH OUR OWN RULES Once we determine how we operate we have to follow our rules or risk challenge
PURPOSE OF THE CONSTITUTION PURPOSE OF THE CONSTITUTION ARTICLE 1 • PROVIDE CLEAR LEADERSHIP • SUPPORT INVOLVEMENT OF CITIZENS • HELP COUNCILLORS REPRESENT CONSITUENTS MORE EFFECTIVELY • ENABLE EFFICIENT & EFFECTIVE DECISION MAKING • PROVIDE A MEANS OF HOLDING DECISION MAKERS TO ACCOUNT • SEPARATE POWERS i.e.. DECISION MAKERS FROM SCRUTINISERS • IDENTIFY THOSE RESPONSIBLE FOR DECISIONS TO THE PUBLIC • PROVIDE A MEANS OF IMPROVING SERVICE DELIVERY
ROLE OF THE COUNCIL THE ROLE OF COUNCIL • ACTS AS “PARLIAMENT” Holds Executive to account • MUST SET THE BUDGETARY & POLICY FRAMEWORK • ADOPT BUDGET AND TAX BASE • ADOPT ANY PLAN OR STRATEGY FOR THE CONTROL OF BORROWING OR CAPITAL EXPENDITURE • DETERMINE THE SCHEME OF MEMBERS’ ALLOWANCES • AUTHORISE APPLICATIONS TO THE SECRETARY OF STATE FOR TRANSFER OF HOUSING LAND • DELEGATE FUNCTIONS TO A NON-EXECUTIVE COMMITTEE
THE COUNCIL - CONTINUED THE COUNCIL-CONTINUED • ONLY COUNCIL CAN 1. CHANGE THE CONSTITUTION 2. MAKE EXECUTIVE DECISIONS WHICH BREACH THE POLICY OR BUDGET 3. APPOINT & REMOVE THE LEADER 4. AGREE OR AMEND COMMITTEE TERMS OF REFERENCE 5. APPOINT REPRESENTATIVES TO OUTSIDE BODIES 6. AGREE ALLOWANCES 7. GRANT FREEDOM OF THE CITY 8. APPOINT THE CHIEF EXECUTIVE 9. PROPOSE BYLAWS AND LOCAL ACTS 10. DEAL WITH ELECTION MATTERS 11. CARRY OUT QUASI JUDICIAL FUNCTIONS 12. CARRY OUT REGULATORY FUNCTIONS –e.g.Health & safety,licensing,registration,planning dc. 13. MAKE DECISIONS REGARDING STAFF 14. COMMUNITY GOVERNANCE • NB Some functions can be delegated to Committees
COMMITTEES COUNCIL COMMITTEES • QUASI JUDICIAL & REGULATORY � Planning � Licensing & Enforcement � Standards � Organisational Development � Audit • OVERVIEW & SCRUTINY Holds the executive to account and reviews the overall operation and policy portfolio of Council. Can “Call-in” Executive decisions and deals with new “Councillor Call for Action”
THE EXECUTIVE THE EXECUTIVE • DEFAULT POWERS i.e. “The Cabinet will bear the responsibility for all of the local authority’s functions which are not the responsibility of any other part of the local authority” (per Meetings-Part 3 Para 1(a) of the Constitution) • APPEALS (Except those determined elsewhere) • BEST VALUE REVIEWS • CONTAMINATED LAND • CONTROL OF POLLUTION & STATUTORY NUISANCE • LAND OWNERSHIP QUESTIONNAIRES • HIGHWAY AGREEMENTS • APPOINTING OR PLACING STAFF WITH OUTSIDE BODIES • COMPULSORY PURCHASE ORDERS • PREPARATION OF PLANNING GUIDANCE* • DESIGNATION OF CONSERVATION AREAS & NATURE RESERVES* • REMOVAL OF PD RIGHTS* * Subject to consultation with the Planning Committee
CABINET PORTFOLIOS CABINET PORTFOLIOS • CERTAIN FUNCTIONS CAN BE DELEGATED TO INDIVIDUAL COUNCILLORS • CABINET CAN CONSIST OF MINIMUM OF THREE AND MAXIMUM OF TEN MEMBERS • CITY COUNCIL HAS SIX MEMBER CABINET • COUNCIL APPOINTS THE LEADER AND THE LEADER APPOINTS THE REST • POLITICAL PROPORTIONALITY RULES DO NOT APPLY • SPECIFIC FUNCTIONS SET OUT IN PART 3-The Cabinet Functions • ALL DECISIONS SUBJECT TO CALL IN (EXCEPT THOSE DECLARED TO BE URGENT)
KEY DECISIONS AND THE FORWARD PLAN KEY DECISIONS AND THE FORWARD PLAN • KEY DECISIONS � Defined in the 2000 Act as those decisions likely to either result in significant expenditure or savings having regard to the budget for the service or function to which the decision relates or which are likely to be significant in its effect on communities living or working in an area comprising two or more wards in the local authority’s area � Further defined in the constitution as a decision relating to expenditure in excess of £100,000 or significant savings;and � A decision relating to any contract valued over £500,000
FORWARD PLAN FORWARD PLAN • MANDATORY ADVANCE NOTICE OF KEY DECISIONS • A KEY DECISION MAY NOT BE TAKEN UNLESS IT IS PUBLISHED IN THE FORWARD PLAN AND AT LEAST 5 CLEAR DAYS NOTICE HAVE ELAPSED BETWEEN THE PUBLICATION OF THE PLAN AND THE DECISION;AND • AT LEAST 5 CLEAR DAYS NOTICE OF ANY CABINET MEETING (WHERE A KEY DECISION IS MADE) HAS BEEN GIVEN IN ACCORDANCE WITH THE ACCESS TO INFORMATION ACT 1985 • FORWARD PLAN IS THE RESPONSIBILITY OF THE LEADER AND WILL COVER A PERIOD OF FOUR MONTHS. • PUBLISHED ON THE FIRST WORKING DAY OF EACH MONTH • PRESCRIBED DETAIL : Describe the matter, who is to take the decision, when,those to be consulted,how to make representations,a list of background documents available for public examination • EXCEPTIONS FOR URGENCY
DELEGATION TO OFFICERS DELEGATION TO OFFICERS • DELEGATION TO INDIVIDUAL OFFICERS PERMITTED UNDER LGA 1972 • BY LAW THE ACT OF THE OFFICER IS THE ACT OF THE AUTHORITY i.e. it binds the Council • OFFICER CANNOT USUSALLY SUB-DELEGATE UNLESS CONSITUTION SAYS SO • CONSTITUTION GRANTS POWERS TO: � CHIEF EXECUTIVE (“HEAD OF THE PAID SERVICE”) � CORPORATE DIRECTOR OF STRATEGY & DEVELOPMENT � DIRECTOR OF RESOURCES (SECTION 151 OFFICER-OR CHIEF FINANCE OFFICER) � DIRECTOR OF SERVICES AND NEIGHBOURHOODS � DIRECTOR OF REGENERATION � GROUP MANAGER LEGAL & DEMOCRATIC (“MONITORING OFFICER”) � GROUP MANAGER AUDIT & ASSURANCE
PROCEDURAL MATTERS PROCEDURAL MATTERS • PART 4 OF THE CONSTITUTION • COVERS: � COUNCIL (“Standing Orders”) � BUDGET & POLICY FRAMEWORK � FINANCIAL REGULATIONS � CONTRACT STANDING ORDERS � CABINET PROCEDURE RULES � OVERVIEW & SCRUTINY PROCEDURE RULES � ACCESS TO INFORMATION RULES � STANDARDS SUB-COMMITTEE PROCEDURE RULES � OFFICER EMPLOYMENT PROCEDURE RULES (Recently revised)
CODES AND PROTOCOLS CODES & PROTOCOLS • CODE OF GOVERNANCE • MEMBERS’ CODE OF CONDUCT • HOUSING FORUM CODE OF CONDUCT • OFFICERS’ CODE OF CONDUCT • MEMBER/OFFICER PROTOCOL • MONITORING OFFICER’S PROTOCOL • PLANNING CODE OF PRACTICE • LICENSING CODE OF PRACTICE • INTERNAL AUDIT CHARTER • ANTI-FRAUD & CORRUPTION STRATEGY • WHISTLE-BLOWING POLICY
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