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Constitution of the Council - Tuesday, 20 May 2025

May 20, 2025 View on council website
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Summary

The meeting of the Surrey County Council on 20 May 2025 included a review of the council's constitution, covering everything from the roles of councillors and committees to financial regulations and codes of conduct. The constitution is intended to ensure the council operates efficiently, transparently and accountably. It outlines how decisions are made, the rights of the public, and the responsibilities of councillors and officers.

Here's a more detailed look at the topics included for discussion:

Constitution of the Council

The meeting included the presentation of the council's constitution, which is divided into several parts:

  • Summary and Explanation: This section provides an overview of the constitution, explaining its purpose and objectives. It details the rights of the public and how the council operates, including information about councillors, the Leader, the Cabinet, select committees and other committees.
  • Articles of the Constitution: This section outlines the 14 articles that govern the council's business. These articles cover topics such as the role of councillors, public access to information, the functions of the council, the Leader and Cabinet responsibilities, scrutiny functions, regulatory committees, and financial matters.
  • Responsibility for Functions and Scheme of Delegation: This part details the responsibilities for various council functions and the scheme of delegation, outlining who is responsible for which functions and the extent to which these functions have been delegated.
  • Standing Orders: This section sets out the rules of procedure for council meetings, including the order of business, rules of debate, and voting procedures.
  • Rules of Procedure: This part includes codes and protocols, such as the Member Code of Conduct, financial regulations, and procurement standing orders.
  • Codes and Protocols: This section contains various codes and protocols, including those related to member and officer conduct, media relations, and planning procedures.
  • Members’ Allowances Scheme: This outlines the allowances and expenses to which councillors are entitled.
  • Management Structure: This section details the council's management structure and the responsibilities of key officers.

Articles of the Constitution

The report pack included the following details about the articles of the constitution:

  • Article 1: The Constitution This article defines the purpose of the constitution, emphasising its role in outlining how the council works and makes decisions.
  • Article 2: Members of the Council This article details the composition, eligibility, election, terms, roles, functions, rights, and duties of all councillors. It also mentions conduct and ethics, and the allowances to which members are entitled.
  • Article 3: The Public and the Council This article focuses on the rights of the public, including voting, petitions, questions, access to information, and complaints procedures.
  • Article 4: The Council This article explains how the council operates, including council meetings, chairing the council, functions of the council, policy framework, principles of decision making, and responsibility for functions.
  • Article 5: The Leader and Deputy Leader This article defines the role, functions, and responsibilities of the Leader and Deputy Leader, including their appointment, term of office, and functions in relation to the Cabinet.
  • Article 6: The Cabinet This article outlines the role, form, composition, and procedure of the Cabinet, including the delegation of executive decisions and the responsibilities of Cabinet members.
  • Article 7: Scrutiny Function (Select Committees) This article describes the role and terms of reference of select committees, including their general and specific roles in scrutiny, overview, policy review and development, and performance management.
  • Article 8: Regulatory and Other Committees This article lists the regulatory and other committees appointed by the council, including the Health and Wellbeing Board, Surrey Pension Fund Committee, Audit and Governance Committee, Planning and Regulatory Committee, People, Performance and Development Committee, Appointments Sub Committee, Member Conduct Panel, and Appeals and Representation Panel.
  • Article 9: Local Committees and Joint Committees This article discusses the establishment and function of local committees and joint committees.
  • Article 10: Joint Arrangements This article covers joint arrangements with other local authorities and organisations, including delegation to and from other authorities and contracting out.
  • Article 11: Officers This article outlines the roles and functions of key officers, including the Chief Executive, Monitoring Officer, and Chief Finance Officer, as well as officer employment procedure rules.
  • Article 12: Finance, Contracts and Legal Matters This article covers the management of the council's financial affairs, including financial regulations and procurement standing orders.
  • Article 13: Review and Revision of the Constitution This article sets out the process for reviewing and revising the constitution.
  • Article 14: Suspension and Interpretation of the Constitution This article addresses the suspension of standing orders and the interpretation of the constitution.
  • Article 15: Access to Information Rules This article details the rules governing public access to meetings and information, including rights to attend meetings, access agendas and reports, and the exclusion of access by the public.

Responsibility for Functions and Scheme of Delegation

The report pack also included details of the responsibility for functions and schemes of delegation, including:

  • Cabinet Responsibilities and Functions The Cabinet will carry out the executive functions delegated to it by the Leader.
  • Select Committee Responsibilities and Functions The role and functions of the select committees established by the council.
  • Responsibility for Council Functions The Council can appoint committees to discharge functions which are not specifically the responsibility of the Cabinet or select committees.
  • Overall Limitations Any exercise of responsibility for functions or delegated powers shall comply with statutory restrictions, the Council’s Constitution, the Council’s policy framework, the in-year budget, the Members’ Code of Conduct, the Code of Practice on Local Authority Publicity, and agreed arrangements for recording decisions.
  • Responsibility for Local Choice Functions These are functions which may (but need not) be the responsibility of the Cabinet.
  • Responsibility for Council Functions - Committees These are functions which cannot be the responsibility of the Cabinet.
  • Responsibility for Executive Functions The Cabinet will be collectively responsible for executive functions within the Authority which are not otherwise delegated by the Leader.
  • Scheme of Delegation to Officers This Scheme of delegation comprises four parts: The overall Scheme of delegation to Officers, General delegations to officers, Specific delegations to officers, and Proper Officer functions.

Standing Orders

The report pack also included the council's standing orders, covering:

  • Council: Meetings and Procedures This section covers the rules for council meetings, including summons and agenda, adjournment, quorum, interruptions and disorderly conduct, and order of business.
  • Constitution and Appointment of Cabinet and Committees This section outlines the constitution of the Cabinet and committees, including co-opted members, ex-officio attendance, and the appointment of political assistants.
  • Cabinet and Committees: Meetings and Procedure This section details the procedures for Cabinet and committee meetings, including notice of meetings, confidentiality, how meetings are conducted, record of decisions, and public participation.
  • Budget and Policy Framework This section sets out the framework for executive decisions, the process for developing the budget and policy framework, and the handling of decisions outside the budget and policy framework.
  • Appointment and Dismissal of Staff This section outlines the procedures for the appointment and dismissal of staff.
  • Authentication of Documents This section covers the authentication of documents.

Rules of Procedure

The report pack also included the council's rules of procedure, covering:

  • Code of Corporate Governance This code sets out the council's commitment to good governance and the principles that underpin it.
  • Financial Regulations These regulations provide a framework for managing the council's financial affairs.
  • Financial Framework for Members’ Community Allocations This framework outlines the criteria and procedures for allocating funds to members' community projects.
  • Procurement and Contract Standing Orders These orders set out the rules for buying goods, services, and works on behalf of the council.
  • Risk Management Strategy and Policy Statement This strategy outlines the council's approach to managing risk.
  • Corporate Resilience Policy This policy aims to ensure the council's services are resilient in the face of disruptive events.

Codes and Protocols

The report pack also included the council's codes and protocols, covering:

  • Member Code of Conduct This code sets out the standards of conduct expected of councillors.
  • Arrangements for dealing with allegations of breaches of the Member Code of Conduct This document outlines the procedures for handling complaints against councillors.
  • Officer Code of Conduct Policy This policy sets out the standards of conduct expected of council officers.
  • Member/Officer Protocol This protocol provides guidance on the working relationship between councillors and officers.
  • Counter Fraud Strategy This strategy outlines the council's approach to preventing and detecting fraud.
  • Media and Publicity Protocol This protocol governs the council's interactions with the media.
  • Protocol for handling reports from Select Committees This protocol sets out the procedures for responding to reports from select committees.
  • Protocol for scrutiny of contracts This protocol outlines the process for scrutiny boards to review council contracts.
  • Politically Restricted Posts and Exemptions from Political Restrictions This protocol explains the rules restricting the political activities of certain council employees.
  • Granting Dispensations: Processes This document outlines the process for granting dispensations to members with disclosable pecuniary interests.
  • Code of Best Practice in Planning Procedures This code provides guidance to members on carrying out their duties in relation to planning matters.
  • Code of Best Practice in Rights of Way Procedures This code clarifies the procedures for rights of way decisions.
  • Protocol for the Scrutiny of Council Owned Companies This protocol outlines the process for scrutinising council-owned companies.
  • Executive-Scrutiny Protocol This protocol describes the working arrangements between the Cabinet and Scrutiny at the County Council and explains how Officers and Members should work, both formally and informally, to support effective oversight and scrutiny.

Attendees

No attendees have been recorded for this meeting.

Topics

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