This meeting was about the adoption of a new version of the Constitution of the Council. The document pack lists the various parts of the constitution, their contents, and some details of how the council operates, its relationship to the public, and how decisions are made.

Rights of the public

The report pack says that Surrey County Council “has agreed a 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.” It goes on to say that “Some of these processes are required by the law, while others are a matter for the Council to determine.”

The pack lists the rights of the public, saying that, “in summary, the public have the right to: • 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; • attend meetings of the Cabinet when key decisions are being considered except where confidential or exempt information is likely to be discussed, and the meeting is therefore held in private; • take photographs, film, audio-record and report (including via social media) on all meetings of the Council and its committees held in public; • be notified in advance that all or part of a Cabinet meeting may be held in private, to make representations as to why it should be held in public and to receive a response to those representations; • find out from the Notice of Decisions what key decisions will be taken, and when, so that they can make their views known; • see reports and background papers, and any records of decisions made by the Council, Leader and/or the Cabinet, their committees, and by officers on their behalf under delegated powers; and • inspect the Council’s accounts and make their views known to the external auditor during the statutory 20 working days period prior to the external auditor giving his/her opinion.”

It also says that “Any member of the public is entitled to inspect agenda and reports of Council meetings and to attend those meetings. There are some circumstances where the Council is entitled to exclude the public where confidential or exempt items are being discussed. All agenda and reports (except those that contain confidential or exempt information) are published on the Council’s website.”

Operation of the Council

The pack describes how the Council operates, saying that it “is composed of 81 councillors (or “Members”) elected every four years. Councillors are democratically accountable to electors in their electoral division. The overriding duty of councillors is to the whole community, but they have a special duty to their constituents. The Council has a code of conduct for Members to ensure high standards in the way they undertake their duties. The Audit and Governance Committee provides training and advice to them on the code of conduct.”

Decision making

It describes how decisions are made, saying that “The Leader of the Council is responsible for most day-to-day decisions. These decisions can be delegated to a Cabinet, individual Cabinet Members, Local Committees, individual local Members, or officers. The Council appoints the Leader from the 81 elected county councillors for a four year term. The Leader appoints a Deputy Leader and a Cabinet. The Cabinet is made up of the Leader, Deputy Leader and between one and eight other elected councillors. When major decisions are to be discussed or made, these are published in the Leader’s Cabinet forward plan in so far as they can be anticipated. The Cabinet meets in public except where personal or confidential matters are being discussed. Decisions have to be made in line with the Council’s overall policies and budget. If a decision which is outside the budget or policy framework is required, this must be referred to the Council as a whole to decide.”

The pack also outlines the principles for decision-making in the Council, saying that the following principles will apply: “(i) That Members are fully and effectively advised by officers in exercising both executive and non-executive functions; (ii) That decisions by Members are only taken after the submission of written reports; (iii)That decisions have clear aims and desired outcomes; (iv) That relevant matters are fully taken into account in decision making; (v) That nothing irrelevant is taken into account; (vi) That decisions are proportionate to the desired outcome; (vii) That decision-making respects human rights; (viii) That there is a presumption in favour of openness; (ix) That the Council's Constitution is fully complied with; and (x) That decisions on executive functions are recorded and published, together with options considered and rejected, the reasons and relevant background papers.”

Scrutiny

The report pack describes how Scrutiny operates in the Council, saying that “There are a number of select committees which between them support the work of the Leader/Cabinet and the Council as a whole. They are responsible for advice and policy development, and for the scrutiny of decisions on executive functions. These committees will both research policy options for the Leader/Cabinet and review and scrutinise policy, practice and performance. They can ‘call-in’ a decision which has been made but not yet implemented. This enables them to consider whether the decision is appropriate. They may recommend that the decision is reconsidered by the decision maker. The select committees may be consulted by the Leader/Cabinet or the Council on forthcoming decisions and the development of policy, and shall be consulted on proposals forming part of the policy framework.”

Council staff

The report pack explains the role of council staff, saying that “The Council has people working for it who 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 and Members of the Council.”

The document pack describes the rules for the employment of council officers. It says that, “The Council will engage such staff as it considers necessary to carry out its functions”, and that “The appointment and dismissal of staff will comply with Part 5 of Standing Orders. The Council will publish and follow Equal Opportunities policies in relation to the recruitment of all staff.”

Finances

The pack explains the council’s approach to its finances, saying that “The management of the Council’s financial affairs will be conducted in accordance with Financial Regulations. Every contract made by the Council will comply with Procurement Standing Orders.”

It also describes how budgets are managed, saying that, “Throughout this Constitution the phrase ‘setting the budget’ is used to denote the approving of the annual budget requirement (as regulated by the Local Government Finance Act 1992), and the determination of all of the components of the budget such as allocation to different services, schemes, and projects, setting the Council Tax, the creation of contingency funds (reserves and balances), the plan of capital expenditure, and strategy for funding capital expenditure through borrowing or other means. The term “in-year budget” refers to the approved revenue budget, capital budgets, and respective funding plans for the year, together with contingency funds set aside at the start of the year (i.e. reserves and balances). The budget and policy framework will be prepared in accordance with the arrangements described in the Budget and Policy and Framework rules in Part 4 - Standing Orders.”

It describes how money can be transferred between budget headings during the year, a process known as virement, saying that, “The approved in-year budget... represents the limits within which the Cabinet has discretion to use and allocate resources... On the advice of the Chief Finance Officer, the Leader shall determine the requirements for and, if required, shall set the financial limit(s) within which budgets may be transferred by officers between budget heads within service areas without reference to and approval of the Cabinet. Such limits will be recorded in the Council's Financial Regulations. The Cabinet will control virement by reference to the individual service or function budget heads approved by the Council and contained in the published in-year budget book... The Cabinet will determine a framework for determining the treatment of year end budget underspends and overspends, and the limitations on the virement of budgets between years. The framework will be published in the in-year budget book.”

Policy framework

The document pack details what the council considers to be its policy framework. It says that, “The policy framework means the following plans and strategies:- Plans required by regulation: • Development Plan Documents (including Waste and Minerals Local Development Documents (LDDs)) • Local Transport Plan • Youth Justice Strategic Plan • Children and Young People’s Strategy Plans required from partnerships of which the Authority is a member: • Substance Misuse Strategy • Mental Health and Emotional Well-being Strategy • Surrey Safeguarding Children’s Board Report Plans included at the Council's request: • Waste Management Plan • Corporate Strategy • Admission Arrangements for Maintained Schools • School Organisation Plan • Corporate Resilience Policy”

It says that the responsibility for agreeing the budget and policy framework lies with the Council, and that, decisions on executive functions must be in line with it, but that “No changes to any policy and strategy which make up the policy framework may be made by such decision makers except those changes: (i) which will result in the closure or discontinuance of a service or part of service to meet a budgetary constraint; (ii) necessary to ensure compliance with the law, ministerial direction or government guidance; (ii) in relation to the policy framework in respect of a policy which would normally be agreed annually by the Council following consultation, but where the existing policy document is silent on the matter under consideration; (iv) which relate to policy in relation to schools, where the majority of school governing bodies agree with the proposed change. Such changes should be reported to the next meeting of the Council.”

Committees

The report pack describes the various committees and their roles in the Council. It says that “The Council will appoint a number of select committees to discharge the functions conferred by section 21 of the Local Government Act 2000 and any other applicable legislation or regulation”, and that, The number of select committees will vary from time to time as agreed by the Council. The select committees will between them cover all of the executive functions. The portfolio of responsibility of each select committee is summarised in the Schedule.

The pack details the Membership of each of these committees, and the statutory and non-statutory officers who are ex-officio members of them:

Communities, Environment and Highways Select Committee:

• 13 Members of the Council
• 2 statutory officers

Children, Life Long Learning and Culture Select Committee:

• 13 Members of the Council
• 2 Statutory officers
• 4 Other Members

Adults and Health Select Committee:

• 13 Members of the Council
• 2 Statutory officers
• 4 Other Members

Resources and Performance Select Committee:

• 13 Members of the Council
• 2 Statutory Officers

Audit and Governance Committee:

• 6 Members of the Council
• 4 Statutory officers
• 1 Independent Member

Planning & Regulatory Committee:

• 11 Members of the Council
• 4 Statutory officers

People, Performance and Development Committee:

• 6 Members of the Council, at least one of whom must be a Member of the Cabinet

Member Conduct Panel:

• 10 Members of the Council, including the Chairman and Vice-Chairman

Surrey Pension Fund Committee:

• 6 Members of the Council
• 4 Employer and Scheme Member Representatives

Surrey Local Pension Board:

• 2 Members of the Council
• 6 Independent Representatives

Surrey Local Firefighters’ Pension Board:

• 1 Member of the Council
• 3 Independent Representatives

Buckinghamshire Council and Surrey County Council Joint Trading Standards Service Committee:

• 2 Members of the Council, who must be a Cabinet Member
• 2 Members of Buckinghamshire Council, who must be a Cabinet Member

Joint arrangements

The report pack describes how Surrey County Council enters into Joint Arrangements with other bodies, including other Councils. It says that: The Council or the Leader/Cabinet, 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. and that: The Council may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions which are not executive 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. The Leader/Cabinet may establish joint arrangements with one or more local authorities to exercise functions which are executive functions. Such arrangements may involve the appointment of joint committees with these other local authorities.

Delegations to officers

The report pack describes the rules for delegating decisions to council officers. It says that the Leader/Cabinet, “may only appoint Cabinet Members to a joint committee”, and that those Members need not reflect the political composition of the local authority as a whole. However it says that the Leader/Cabinet may appoint non-cabinet members where:

• “the joint committee has functions for only part of the area of the authority, and that area is smaller than two-fifths of the authority by area or population. In such cases, the Leader/Cabinet may appoint to the joint committee any councillor who is a Member for an electoral division which is wholly or partly contained within the area;
• the joint committee is between the County Council and a district council and relates to executive functions of the County Council. In such cases, the Leader/Cabinet may appoint to the joint committee any councillor who is a Member for an electoral division which is wholly or partly contained within the area. In both of these cases the political balance requirements do not apply to such appointments.”

It describes the Council’s overall approach to delegation, saying that, “The Council and the Leader delegate to the officers identified in Part 2 (the Chief Executive, Executive Directors, Directors, Assistant Directors and Head of Service) and authorise them, subject to the limitations and reservations... of this scheme to: a) exercise the County Council’s functions (both executive and non-executive) which relate to their area of responsibility described in Part 2; and b) exercise functions specifically delegated to them by either the Leader (under Section 15 of the Local Government Act 2000) or by the Council, a committee or sub-committee (under Section 101 of the Local Government Act 1972).” The pack also says that, “The Council and the Leader also delegate to the officers identified in column 2 of Part 3 the specific functions (executive and non-executive) allocated to them in column 3 of Part 3 subject to the limitations and reservations... of this Scheme.”

The pack lists some of the specific decisions that have been delegated to specific council officers. For example:

• “To make Proper Officer appointments in cases of urgency” is delegated to Terence Herbert, the Chief Executive.
• “To update the Constitution, and in particular the Scheme of Delegation, following structural reorganisation of the Council where the only change is to the title of the post holder receiving the delegation, provided there is no reduction in the management level to which the delegation is made” is delegated to Asmat Hussain, the Monitoring Officer.
• “To determine and put in place appropriate insurance arrangements for the Council.” is delegated to Andy Brown, the Director of Corporate Finance.
• “To approve suppliers of goods, services and works to the Council.” is delegated to the Director of Procurement.

The report pack explains the overall limitations on delegations, saying that “Any exercise of responsibility for functions or delegated powers shall comply with: (a) any statutory restrictions; (b) the Council’s Constitution; (c) the Council’s policy framework and any other plans and strategies approved by the Cabinet; (d) the in-year budget; (e) the Members’ Code of Conduct and the Code of Conduct for Staff; (f) the Code of Practice on Local Authority Publicity; (g) agreed arrangements for recording decisions.” and that “This Scheme does not delegate any matter: (a) reserved by law or by this Constitution to the Council. (b) which may not by law be delegated to an officer.”

The report pack describes the limitations on the powers that are delegated to officers, saying that officers: may not: 7.1 make key decisions (as defined in Standing Order 52 of the Constitution); 7.2 change or contravene policies or strategies approved by the Council or the Cabinet; 7.3 create or approve new policies and strategies; 7.4 take decisions to withdraw public services; 7.5 take decisions to significantly modify public services without consultation with the appropriate Cabinet Member before exercising the delegated power; 7.6 take decisions on significant new powers or duties arising from new legislation before the new powers or duties have been reported to the Council or the Cabinet as appropriate, (except in cases of urgency and in consultation with the appropriate Cabinet Member or Committee Chairman); 7.7 declare land or property surplus to requirements; 7.8 agree grant criteria or approve new fees and charges (except where specific delegations to officers have been made in Part 3 of the Scheme of Delegation, or as a matter of urgency, in consultation with the appropriate Cabinet member or committee chairman, provided the decision is within Council policy and budget).

It also describes a process by which officers are required to consult with Members on certain types of decision, saying that: Where an officer takes a decision under delegated authority on a matter which has significant policy, service or operational implications or is known to be politically sensitive, the officer shall first consult with appropriate Cabinet Member(s) or Committee Chairman before exercising the delegated powers. and that, An officer may at his/her discretion consult the appropriate Cabinet Member, or the Cabinet, or the appropriate Committee, or its Chairman before exercising delegated powers, or not exercise delegated powers but refer the matter to the Cabinet or a committee for a decision. In exercising delegated powers, officers will, in line with the Member/Officer Protocol, keep local members informed of matters affecting their divisions.