The Constitution Committee of Hackney Council was scheduled to meet to discuss the council's constitution. The meeting was to focus on ensuring the constitution remains up-to-date and accessible. Councillors were expected to discuss and review various sections of the constitution, including citizens' rights, decision-making processes, and the roles of council members and officers.

Constitution of the London Borough of Hackney

The meeting was scheduled to discuss the constitution of the London Borough of Hackney. The report pack included a glossary of terms used in the constitution, including:

• Access to Information Rules
• Best Value
• Budget and Policy Framework
• Call-in
• Chief Executive
• Councillor Code of Conduct
• Delegated Powers
• Elected Mayor
• Exempt Information
• Forward Plan
• Group Leader
• Head of Paid Service
• Key Decision
• Licensing Code of Practice
• Monitoring Officer
• Political Balance Rules
• Proper Officer
• Quorum
• Returning Officer
• Scheme of Delegation
• Scrutiny Commission
• Section 151 Officer
• Speaker
• Virement
• Ward Forums

The report pack also included the table of contents for the constitution, which is divided into nine parts:

• Your Council
• Articles of the Constitution
• Responsibility for Council and Executive Functions
• Procedure Rules
• Finance and Contract Rules
• Public Participation
• Elected Mayor and Councillors
• Officers
• Codes and Protocols

Your Council

Part 1 of the constitution provides an overview of the London Borough of Hackney, the principles of decision making, and citizens' rights.

Overview of the London Borough of Hackney

The London Borough of Hackney is located in north east London, bordering Haringey, Newham, Tower Hamlets, the City of London, and Islington. The council is made up of the Elected Mayor and 57 Councillors. The Speaker is the first citizen of the borough and acts as an ambassador for the council. The Cabinet proposes priorities and develops council policies. Council committees and sub-committees are responsible for specific functions. Overview and scrutiny ensures checks and balances on the exercise of powers. Ward forums provide an opportunity for engagement between ward councillors and local citizens. Officers deliver services, advise and support councillors, and implement decisions. The constitution sets out how the council operates and how decisions are made.

Principles of Decision Making

The Elected Mayor, Councillors and Officers must be familiar with the controls and principles of decision making. Each decision must be made by the most appropriate person or body. Decision makers must avoid conflicts of interest and bias. Decision makers must act in the best interests of the communities of the London Borough of Hackney and deliver best value for money. All decisions must be made in accordance with the law, guidance and codes of practice. All decisions must be made in accordance with the Budget and Policy Framework. Decision makers must identify and evaluate any options that may be available and assess the likely impacts of each option. Decision makers must consider the impact of the proposed decision on sustainability and climate change. Decision makers must ensure that they consider how the decision will affect people who have protected characteristics under the Equality Act 2010. Decision makers must ensure that any consultations are properly undertaken at the appropriate time and in accordance with relevant law and guidance. Decision makers must make rational, evidence based decisions, taking into account all relevant considerations. Decision makers acting in a ‘judicial’ capacity must observe the principles of “natural justice”. Most meetings where decisions are made will be held in public. Decision makers need to ensure that appropriate notice is given that decisions are going to be taken, and that appropriate records are kept of decisions taken and the reasons for them. Formal reports are used to record all decisions taken by Council, Cabinet and committees.

Citizens’ Rights and Responsibilities

Citizens have a number of rights when receiving services from the council. Citizens have the right to vote at local elections, contact their local Councillor, obtain a copy of the Constitution, find out what major executive decisions will be decided, attend meetings, see reports and background papers, petition for a referendum, contribute to investigations by the Scrutiny Commissions, complain to the council or the Ombudsman, inspect the council’s accounts, submit petitions or form a deputation, participate in Tenant and Residents’ Associations or Ward Forums, and respond to any consultation issued by the council. Being a citizen also carries with it a number of responsibilities, including assisting the council with the compilation of the electoral register, exercising their right to vote, respecting and valuing the diversity of communities, treating other citizens with respect, meeting obligations by paying any rent, Council Tax, National Non-Domestic Rates or other charges which are owed to the council, and ensuring that their children receive a suitable education. When dealing with the council, citizens are expected to conduct themselves in an appropriate and respectful manner and must not engage in violent, abusive or threatening behaviour or language, use language or make statements that are racist, derogatory or offensive, or cause damage to council property.

Articles of the Constitution

Part 2 of the constitution sets out the articles of the constitution, including:

• The Constitution
• Citizens
• Members of the Council
• Full Council
• The Executive (known as the Elected Mayor and Cabinet)
• The Speaker & Deputy Speaker
• Overview and Scrutiny
• The Standards Committee and Independent Person
• Council Committees and Other Bodies
• Ward Forums
• Joint Arrangements
• Officers
• Decision Making
• Finance, Contracts and Legal Matters
• Review and Revision of the Constitution
• Suspension, Interpretation and Publication of the Constitution

Responsibility for Council and Executive Functions

Part 3 of the constitution sets out the responsibility for council and executive functions. Local authority functions are split between “executive functions”, which are the responsibility of the Mayor and Cabinet and “non-executive functions” which are the responsibility of Full Council and its committees. The council is required to explain when a function is delegated to Committees, Sub-Committees, Panels, Board or Officers. The Elected Mayor is entitled to carry out all of the council’s executive functions.

Procedure Rules

Part 4 of the constitution sets out the procedure rules, including:

• Council Procedure Rules
• Cabinet Procedure Rules
• Budget and Policy Framework Procedure Rules
• Overview and Scrutiny Procedure Rules
• Call-in Procedure Rules

Finance and Contract Rules

Part 5 of the constitution sets out the finance and contract rules, including:

• Financial Procedure Rules
• Contract Standing Orders

Public Participation

Part 6 of the constitution sets out the rules for public participation, including:

• Attendance at Meetings
• Public Speaking
• Access to Information Procedure Rules
• Petitions
• Deputations
• Protocol for Recording / Livestreaming of Council meetings

Elected Mayor and Councillors

Part 7 of the constitution sets out the rules for the Elected Mayor and Councillors, including:

• Councillor Code of Conduct
• Standing Orders relating to the Holding of Office
• Members’ Allowances Scheme
• Elected Mayor and Councillors Access to Information
• Policy on Disclosure and Barring Service (DBS) Checks for the Elected Mayor, Councillors and Co-Optees

Officers

Part 8 of the constitution sets out the rules for officers, including:

• Proper Officers Functions
• Officer Employment Procedure Rules
• Monitoring Officer Protocol

Codes and Protocols

Part 9 of the constitution sets out the codes and protocols, including:

• Planning Code of Practice
• Licensing Code of Practice
• Protocol for Elected Mayor & Councillor / Officer Relations
• Protocol on the Governance of Council Interests in Companies
• Protocol on Remote Attendance at Council meetings