Part 1 - Summary and Explanation

The Council's Constitution

The Shrewsbury and Atcham Borough Council has agreed this 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 16 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.

What's in the Constitution?

Article 1 of the Constitution commits the Council to deliver effective community leadership, democratic renewal and continuous improvement in services. Its purpose is to create efficient, accountable and transparent governance which will support this wider agenda. Articles 2 – 16 explain the rights of citizens and how the key parts of the Council operate. These are:

• Members of the Council (Article 2).

• Citizens and the Council (Article 3).

• The Council meeting (Article 4).

• Chairing the Council (Article 5).

• Overview and Scrutiny of decisions (Article 6).

• The Cabinet (Article 7).

• Regulatory and other Committees (Article 8).

• The Standards Committee (Article 9).

• The Audit Committee (Article 9b)

• Area Committees/forums (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).

How the Council operates

The Council is composed of 40 Councillors with one-third elected three years in four. 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. The Council will appoint Members to the Cabinet each year and will elect the Leader from the Members appointed. The Cabinet* will consist of up to ten Members of the Council and the allocation of seats

* (At its meeting on 28^th April 2003 Council agreed that nominations for Cabinet be submitted to Annual Council on 15^th May 2003 without reference to political balance.)

to the various political groups will, unless the Council determines otherwise, be made in accordance with rules governing political balance on Committees. The Council may remove a Member from the Cabinet due to his/her inappropriate conduct. A Motion to Council to remove a Member must either (1) be submitted in writing to the Council Manager at least five days before the relevant meeting or
(2) be the subject of a recommendation from the Standards Committee. However, prior to such decision being taken the relevant Member(s) will be given an opportunity to make any written or oral representations to the Council.

The Council will appoint Overview and Scrutiny Committees who, between them, will have powers to review all the Council's functions; to scrutinise decisions taken by the Cabinet and monitor their activities. They will also be able to propose policy changes and advise on budget proposals and some will undertake the Council's Best Value reviews.

A Standards Committee will be appointed to encourage and maintain high standards of conduct and probity for Members and Officers and Regulatory Committees will be appointed to undertake the Council's quasi-judicial responsibilities such as Development Control and Licensing matters. An Audit Committee will also be appointed to ensure that the Council follows best practice in all its procedures.

There will be an annual state of the area debate held in October each year when the Leader will invite the public to make written submissions to the Council in respect of any of its services. Public meetings will also be held as necessary at which any views which members of the public may have can be expressed. Members of the public will also be allowed to ask questions of Members of the Cabinet at meetings of the Council and Cabinet, and of the Chairman at meetings of Overview and Scrutiny Committees.

How decisions are made

The Cabinet is the part of the Council which is responsible for most day-to-day decisions. The Cabinet is made up of up to ten Councillors, one of whom is the Leader and all of them are appointed by the Council. When major decisions are to be discussed or made, these are published in the Cabinet's forward plan in so far as they can be anticipated. If these major decisions are to be discussed by the Cabinet, their meetings will be open for the public to attend except where personal or confidential matters are being discussed. The Cabinet 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 Committees support the work of the Cabinet and the Council as a whole. The Overview Committee allows citizens to have a greater say in Council matters by holding public inquiries into matters of local concern. These lead to reports and recommendations which advise the Cabinet and the Council as a whole on its policies, budget and service delivery. The Overview Committee may also be consulted by the Cabinet or the Council on forthcoming decisions and the development of policy. The Overview Committee will also undertake the Council's Best Value responsibilities. The Scrutiny Committee monitors the decisions of the executive. It reviews the Cabinet proposals and can 'call-in' a decision which has been made by the Cabinet but not yet implemented. This enables it to consider whether the decision is appropriate. It may recommend that the Cabinet reconsider the decision and even propose an alternative for the Cabinet to consider. The Scrutiny Committee may also review contractors' and partnership performance.

Area Committees or Forums