1.01 Powers of the Council

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

1.02 The Constitution

This Constitution, and all its appendices, is the Constitution of the Shrewsbury & Atcham Borough Council.

1.03 Purpose of the Constitution

The purpose of the Constitution is to:

1. enable the Council to provide clear leadership to the community in partnership with citizens, businesses and other organisations;

2. support the active involvement of citizens 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;

5. create a powerful and effective means of holding decision-makers to public account;

6. ensure that no one 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.

1.04 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

2.01 Composition and eligibility

(a) Composition. The Council will comprise 40 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

Election and terms. As a result of a Periodic Electoral Review, elections of all Councillors for all wards of the Borough took place simultaneously on 2^nd May 2002. Thereafter the ordinary election of a third (or as near as may be) of all Councillors will be held on the first Thursday in May in each year beginning in 2003, except that in 2005 and every fourth year after there will be no regular election. The terms of office of Councillors will generally 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. However, due to the whole Council being elected in 2002 for the first 4 year period some Councillors will only hold office for 1 or 3 years.

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) 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 and represent the ward as a whole;

(v) be involved in all significant decision-making;

(vi) be available to represent the Council on other bodies; and

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

(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 officer 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.

2.04 Conduct

Councillors will at all times observe the Members' Code of Conduct and the Protocol on Member/Officer Relations 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.

Article 3 – Citizens and The Council

3.01 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 4 of this Constitution and in more detail in Part 9:

(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, its Committees and the Cabinet except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private;

(ii) find out from the forward plan what key decisions will be taken by the Cabinet and when;

(iii) see reports and background papers, and any records of decisions made by the Council and the Cabinet; and

(iv) inspect the Council's accounts and make their views known to the external auditor.

(c) Participation. Citizens have the right to participate in the public question time sessions at meetings of the Council, Cabinet, and the Overview and Scrutiny Committees and contribute to investigations by the Overview and Scrutiny Committees. The Council also has a scheme which allows citizens to speak at meetings of the Development Control & Environmental Protection Committee and the Planning Committee in relation to planning applications.

(d) Complaints. Citizens 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 Citizens' responsibilities

Citizens must not be violent, abusing or threatening to Councillors or officers and must not wilfully harm things owned by the Council, Councillors or officers.

Article 4 – The Full Council

4.01 Meanings

(a) Policy Framework. The policy framework means the following plans and strategies:-

• Best Value Performance and Improvement Plan (PIP);

• Community Strategy;

• Crime and Disorder Reduction Strategy;

• Any Statutory Plan submitted to the Council by another body;

• Plans and strategies which together comprise the Development Plan;

• Council's Corporate Plan (if any);

• Food Law Enforcement Service Plan;

• The plan and strategy which comprise the Housing Investment Programme;

• Asset Management Plan;

• Cultural Strategy;

• Any plan or strategy regulating housing development;

• Capital Strategy;

• Any other policies, plans or strategies which it considers should form part of the policy framework or which the Cabinet at its discretion may refer to it for adoption

The policy framework also includes the following decisions:

• That the District Valuer's services be used when it was considered appropriate, to provide independent advice on valuations on all future property transactions undertaken by the Council, with any variation for specialist advice being subject to the prior agreement of the Cabinet. (Council Minute reference 50/04.)

• That in respect of the Council's general rule set out above requiring that the services of the District Valuer be engaged to provide valuations, an exception be made in relation to the following :

• The back to back purchase of social housing (either land or dwellings) in instances where a housing association had already obtained the services of a certified valuer (Minute 135/02).

(b)  Budget Framework. The budget framework includes the following:-

• The allocation of financial resources to different services and projects;

• Proposed contingency funds;

• The Council Tax base;

• Setting the Council Tax and decisions relating to the control of the Council's borrowing requirement;

• The control of its capital expenditure.

4.02 Functions of the full Council

Only the Council will exercise the following functions:

(a) adopting and changing the Constitution;

(b) approving or adopting the policy framework and the budget;

(c) subject to the urgency procedure contained in the Access to Information Procedure Rules in Part 4 of this Constitution, making decisions about any matter in the discharge of a Cabinet function which is covered by the policy framework or the budget where the decision maker is minded to make it in a manner which would be contrary to the policy framework or contrary to/or not wholly in accordance with the budget;

(d) appointing the Leader, Deputy Leader and Members of the Cabinet;

(e) agreeing and/or amending the terms of reference for Committees, deciding on their composition and making appointments to them;

(f) appointing representatives to outside bodies;

(g) adopting an allowances scheme under Article 2.05;

(h) changing the name of the area, conferring the title of honorary alderman or freedom of the borough;

(i) confirming the appointment of the head of paid service;

(j) making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal Bills;

(k) all local choice functions set out in Part 3 of this Constitution which the Council decides should be undertaken by itself rather than the Cabinet; and

(l) all other matters which, by law, must be reserved to Council.

(m) approving the Borough Council's Statement of Accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be);

(n) adopting the Code of Conduct;

(o) considering or making arrangements for the consideration of functions which are not the responsibility of the Cabinet and which have NOT BEEN delegated by the Council to Committees, Sub-Committees or Officers;

(p) approving and adopting all the Rules and Procedures set out in Part 4 of this constitution;

(q) designating the positions of Monitoring Officer, Head of Finance, Returning Officer and all other statutory positions;

(r) considering or making arrangements for considering any planning applications referred to it by the Development Control and Environmental Protection Committee and/or the Planning Committee;

(s) considering recommendations from the Cabinet or from Committees on strategic policy issues or issues outside the policy framework;

(t) appointing the Chairman (Mayor) and Vice-Chairman (Deputy Mayor) of the Council;

(u) considering the electoral arrangements for the Borough and Parishes and all matters relating to elections;

(v) agreeing the draft of all plans which are to be approved by the Secretary of State or other relevant bodies and to adopt formally the final approved version of such plans prior to their implementation;

(w) functions in relation to the administration of the Local Government Pension Scheme including the award of discretionary payments

(x) facilitating opportunities for raising the concerns of the local community and adopting a community leadership role, promoting the "social, economic and environmental well-being" of the area.

4.03 Council meetings

There are three types of Council meeting:

(a) the annual meeting;

(b) ordinary meetings;

(c) extraordinary meetings.

and they will be conducted in accordance with the Council Procedure Rules in Part 4 of this Constitution.

4.04 Responsibility for functions

The Council will maintain the tables in Part 3 of this Constitution setting out the responsibilities for the Council's functions which are not the responsibility of the Cabinet.

Article 5 – Chairing The Council

5.01 Election and Term of Office of Mayor

The election of the Mayor will take place at the annual meeting of Council in May each year (or exceptionally on such other date as the Council may decide). The invitation to stand for election will be made to the Councillor holding the position of Deputy Mayor in the preceding year. The invitation to stand for the election of Deputy Mayor (or if the outgoing Deputy Mayor ceases to be a Member of the Council, the election of the Mayor and subsequently the Deputy Mayor) will be made to the Councillor with the longest period of continuous service with the Council. However, if more than one Member has the same length of continuous service the outgoing Mayor will draw lots to establish the order in which those Councillors are invited to stand for election.

Other than in exceptional circumstances, such as those arising as a result of the preceding Mayor or Deputy Mayor ceasing to be a Member of Council or resigning or otherwise being removed from Office, the period of Office of Mayor and Deputy Mayor shall be limited to one year only. However, in exceptional circumstances the period of Office may, if the Council so decides, be extended to a continuous period of less than two years. Notwithstanding, no person having completed a term of Office as Mayor or having been removed from that Office shall be eligible to seek re-election to the Office of Mayor.

5.02 Role and Function of the Mayor

The Mayor and in his/her absence, the Deputy Mayor will have the following roles and functions:

1. to be the representative for the authority, the community and local democracy, and to work to ensure that the dignity and impartiality of the office of Mayor is upheld;

2. to promote the Council's corporate policies and good name at home and elsewhere;

3. to host all the Council's civic events and other major Council sponsored events as appropriate, and to welcome visitors to the authority on behalf of all its Members;

4. to act as the Council's ambassador in promoting the Borough and in selling its locality to industrialist and tourists; and

5. to attend and host receptions and other events associated with charitable and voluntary organisations operating within the district; thereby assisting in promoting their good works and affording them due recognition for their valuable contributions to the wellbeing of the local community.

1. to uphold and promote the purposes of the Constitution, and to interpret the Constitution when necessary;

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 and the interests of the community;

3. to ensure that the Council meeting is a forum for the debate of matters of concern to the local community and the place at which Members who are not on the Cabinet are able to hold the Cabinet to account;

4. to promote public involvement in the Council's activities; and

5. to be the conscience of the Council.

Article 6 – Overview and Scrutiny Committees

6.01 Terms of reference

The Council has appointed an Overview and Scrutiny Committee to discharge the functions conferred by section 21 of the Local Government Act 2000 or regulations under section 32 of the Local Government Act 2000.

6.02 Overview Committee - General role

Within its terms of reference, the Overview Committee will:

1. develop policy and budget recommendations;

2. debate issues of local concern

1. consider referrals from Cabinet and Council; and

2. conduct best value reviews.

6.03 Overview Committee - Specific role

(a) In relation to policy and budget development, debating issues of local concern and considering referrals from Cabinet and Council the Overview Committee may:

(i) assist the Council and the Cabinet 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 the Cabinet and/or 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.

(vi) review the decisions made by and performance of the Cabinet and/or Council officers in relation to decisions over time;

1. review the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;

2. review the performance of other public bodies in the area and invite reports from them by requesting them to address the Overview Committee and local people about their activities and performance; and

3. question and gather evidence from any person (with their consent).

(b) Best Value Reviews. The Overview Committee will be responsible for undertaking Best Value Reviews and make recommendations to the Council via the Cabinet.

(c) Finance. The Overview Committee may exercise overall responsibility for the finances made available to it (if any).

(d) Annual report. The Overview Committee must report annually to full Council on its workings and make recommendations for future work programmes and amended working methods if appropriate.

(e) Officers. The Overview Committee may exercise overall responsibility for the work programme of the officers employed to support its work.

6.04 Scrutiny Committee - General role

Within its terms of reference, the Scrutiny Committee will:

1. review the performance of the Cabinet and officers;

2. review contractors' and partnership performance;

3. scrutinise decisions made and implemented or not yet made (pre scrutiny);

4. scrutinise decisions made but not yet implemented (call in); and

5. consider the annual management and comprehensive performance assessment reports from the Audit Commission.

6.05 Scrutiny Committee - Specific role

(a) The Scrutiny Committee may:

(i) scrutinise the decisions made or to be made by and performance of the Cabinet and/or Council officers in relation to individual decisions;

(ii) question Members of the Cabinet and/or chief officers about their decisions;

(iii) make recommendations to the Cabinet and/or Council arising from the outcome of the scrutiny process; and

(iv) question and gather evidence from any person (with their consent).

(b)  Performance Management. The Committee may consider the performance of the Cabinet and officers, contractors and partnerships of which the Council is a member, and make recommendations to Cabinet and Council on any concerns it may have.

(c)  Capital Projects. The Committee may scrutinise progress with capital projects and may call the Senior Responsible Owner and Programme Manager to answer questions. The Committee may make recommendations to the Project Board about any concerns.

(d) Finance. The Committee may exercise overall responsibility for the finances made available to it (if any).

(e) Annual report. The Committee must report annually to full Council on its workings and amended working methods if appropriate.

(f) Officers. The Committee may exercise overall responsibility for the officers employed to support its work.

6.06  Proceedings of Overview and Scrutiny Committees

The Overview and Scrutiny Committees will conduct their proceedings in accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of this Constitution.

6.07 Public Question Time

Members of the public shall be allowed to ask questions and make statements at the beginning of each ordinary meeting of the Overview and/or Scrutiny Committee. The scheme for public question time is set out in Part 11.

Article 7 – The Cabinet

7.01 Role

The Cabinet will carry out all of the local authority's functions which are not the responsibility of any other part of the local authority, whether by law or under this Constitution.

7.02 Form and composition

The Cabinet will consist of the Cabinet Leader together with at least 2, but not more than 9, Councillors appointed to the Cabinet by the Council.

7.03 Leader

The Leader will be a Councillor elected by the Council at its Annual Meeting to the position of Leader. The Leader will be subject to re-election at the subsequent Annual Meeting of the Council. However, his/her term of office shall cease at such earlier date if:

(a) he/she resigns from the office; or

(b) he/she is suspended from being a Councillor under Part III of the Local Government Act 2000 (although he/she may resume office at the end of the period of suspension); or

(c) he/she is no longer a Councillor; or

(d) he/she is removed from office by resolution of the Council

7.04 Other Cabinet Members

Other Cabinet Members shall be appointed by the Council at its Annual Meeting and be subject to re-appointment at the subsequent Annual Meeting. However, their term of office shall cease at such earlier date if:

(a) they resign from office; or

(b) they are suspended from being Councillors under Part III of the Local Government Act 2000 (although they may resume office at the end of the period of suspension); or

(c) they are no longer Councillors; or

(d) they are removed from office, either individually or collectively, by resolution of the Council.

(e) the Council may appoint one Cabinet Member to be the Deputy Leader to act as Leader only in the event of incapacity of the Leader

7.05 Proceedings of the Cabinet

Proceedings of the Cabinet shall take place in accordance with the Cabinet Procedure Rules set out in Part 4 of this Constitution, and in accordance with Rule 24 of the Council Procedure Rules also set out in Part 4.

7.06 Responsibility for functions

The Leader will maintain a list in Part 3 of this Constitution setting out which individual Members of the Cabinet, Committees of the Cabinet, officers or joint arrangements are responsible for the exercise of particular Cabinet functions.

Article 8 – Regulatory and other Committees

8.01 Regulatory and other Committees

The Council will appoint the Committees set out in the left hand column of the table Responsibility for Council Functions in Part 3 of this Constitution to discharge the functions described in column 3 of that table.

Article 9 – The Standards Committee

9.01 Standards Committee

The Council will establish a Standards Committee.

9.02 Composition

Standards Committees do not have to comply with the political balance rules in section 15 of the 1989 Act.

(a) Membership. The Standards Committee will be composed of at least:

• Five members of the authority including at least one Member from each of the political groups, other than the Mayor and Leader, and no more than 1 Member of the Cabinet;

• three persons who are not Councillors or officers of the Council or any other body having a Standards Committee (independent Members);

• three Parish Councillors appointed by the Shrewsbury and Atcham Area Committee of Parish and Town Councils.

(b) Independent Members. Independent Members will be entitled to vote at meetings;

(c) Parish Members. At least one Parish Member must be present when matters relating to Parish Councils or their Members are being considered;

(d) Chairing the Committee. A Member of the Cabinet may not chair the Committee.

9.03 Role and Function

The Standards Committee will have the following roles and functions:

(a) promoting and maintaining high standards of conduct by Councillors;

(b) assisting the Councillors to observe the Members' Code of Conduct;

(c) advising the Council on the adoption or revision of the Members' Code of Conduct;

(d) dealing with any members who acts in breach of any Protocol adopted by the Council and the application of appropriate sanctions thereto.

(e) monitoring the operation of the Members' Code of Conduct;

(f) advising, training or arranging to train Councillors on matters relating to the Members' Code of Conduct;

(g) granting dispensations to Councillors from requirements relating to interests set out in the Members' Code of Conduct;

(h) 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.

(i) To receive and determine complaints in respect of member conduct, including the assessment, referral, investigation and hearing.

ADDITIONAL ROLES OF STANDARDS COMMITTEE

The Standards Committee will also undertake the following roles:

(i) Overview of the whistle blowing policy;

(j) Overview of complaints handling and Ombudsman investigations; and

(k) oversight of the constitution.

(l) the exercise of (a) to (g) above in relation to the Parish Councils wholly or mainly in its area and the Members of those Parish Councils.

9.04 Proceedings of the Standards Committee

Proceedings of the Standards Committee shall take place in accordance with the Standards Committee Procedure Rules set out in Part 4 of this Constitution.

Article 9b – Audit Committee

9b.01 Committee

The Council will establish an Audit Committee.