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Summary
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The Derbyshire County Council Constitution was scheduled for review, with a comprehensive report pack detailing the proposed structure and operational framework of the council. The meeting's agenda focused on the adoption and revision of the council's constitution, outlining the roles and responsibilities of various committees, members, and officers.
The Constitution
The core of the meeting was the review and potential adoption of the Derbyshire County Council's Constitution, version 22.0. This document serves as the overarching framework for the council's governance and operational procedures. The report pack provided a detailed breakdown of the constitution's articles and appendices, covering a wide range of topics essential for the council's functioning.
The constitution is structured into articles that define various aspects of the council's operation, including:
- Article 1: The Constitution - This article outlines the purpose and interpretation of the constitution itself, emphasizing its role in enabling the council to provide leadership, support community involvement, and ensure effective decision-making and accountability.
- Article 2: Members of the County Council - This section details the composition of the council, eligibility for election, the election process, and the key roles, rights, and responsibilities of all councillors. It also covers conduct and allowances.
- Article 3: Citizens and the County Council - This article outlines the rights of citizens, including their rights to information, participation in decision-making, and the process for making complaints. It also touches upon citizens' responsibilities and the council's commitment to equal opportunities.
- Article 4: The Full Council - This article details the functions reserved for the full council, such as adopting the constitution, approving the policy framework and budget, appointing the Leader, and making decisions on byelaws and other statutory matters.
- Article 5: The Chairman of the County Council - This section describes the role and functions of the Chairman of the County Council, including presiding over meetings, upholding the constitution, and promoting public involvement.
- Article 6: The Leader of the Council and the Cabinet - This article explains the Leader and Cabinet governance model, outlining the Leader's responsibilities, the composition and form of the Cabinet, and the roles of other Cabinet members.
- Article 7: Decision-Making - This article sets out the principles of decision-making, defines key decisions, and outlines the procedures for decision-making by the full council, the Cabinet, scrutiny committees, and officers.
- Article 8: Scrutiny Arrangements - This article details the establishment, composition, terms of reference, and specific functions of the council's scrutiny committees, including policy development, review, and scrutiny of decisions and performance.
- Article 9: Regulatory Planning Committee - This section outlines the establishment, composition, role, and function of the Regulatory Planning Committee, responsible for town and country planning and development control.
- Article 10: Audit Committee - This article details the composition, role, and function of the Audit Committee, which provides independent assurance on governance, risk management, and internal control.
- Article 11: Governance, Ethics and Standards Committee - This article describes the establishment, composition, role, and function of the Governance, Ethics and Standards Committee, focusing on standards, ethics, probity, and the overall operation of the constitution.
- Article 12: Pensions and Investments Committee - This article outlines the composition, terms of reference, role, and function of the Pensions and Investments Committee, responsible for the management and administration of the Derbyshire Pension Fund.
- Article 13: Appointments and Conditions of Service Committee - This article details the composition, frequency, and role of the Appointments and Conditions of Service Committee, responsible for corporate employment policies and key decisions related to staff.
- Article 14: Health and Wellbeing Board - This article outlines the background, vision, objectives, purpose, function, membership, and governance arrangements of the Derbyshire Health and Wellbeing Board, established under the Health and Social Care Act 2012.
- Article 15: Derbyshire Police and Crime Panel - This article details the composition and terms of reference of the Derbyshire Police and Crime Panel, responsible for reviewing the Police and Crime Commissioner's plans, reports, and appointments.
- Article 16: Corporate Parenting Board - This article outlines the terms of reference and membership of the Derbyshire County Council Corporate Parenting Board, responsible for assisting the Council in its corporate parenting obligations to Children in Care and Care Leavers.
- Article 17: Standing Advisory Council on Religious Education (SACRE) - This article details the membership, term of office, co-option, substitutes, removal of members, resignations, access to meetings, notice of meetings, access to documents, chair and vice-chair, frequency of meetings, quorum, adjournments, voting, recommendations, review of agreed syllabus, clerk, sub-groups, and annual report of the SACRE.
- Article 18: Trading Committee - This article outlines the composition, frequency, and role of the Trading Committee, responsible for overseeing the performance of Joint Venture companies.
- Article 19: Other Joint Committees - This article details various joint committees, including the Infrastructure and Investment Board (D2N2 LEP), the Derby and Derbyshire Strategic Leadership Board (D2 SLB), and the Derby and Derbyshire Integrated Care Partnership (ICP).
- Article 20: Joint Arrangements - This article outlines the arrangements for promoting well-being, joint arrangements, access to information, delegation to and from other local authorities, and contracting out.
- Article 21: Officers - This article details the management structure, functions of the Head of Paid Service, Monitoring Officer, and Chief Finance Officer, and the duty to provide sufficient resources.
- Article 22: Finance, Contracts and Legal Matters - This article covers financial management, contracts, legal proceedings, authentication of documents, and the common seal of the Council.
- Article 23: Review and Revision of the Constitution - This article outlines the duty to monitor and review the constitution and the process for making changes.
- Article 24: Suspension, Interpretation and Publication of the Constitution - This article covers the suspension of the constitution, interpretation of its provisions, and its publication.
The report pack also included numerous appendices that provide further detail on specific procedures and policies, including:
- Appendix 1: Responsibility for Functions - This appendix details the assignment of responsibilities for the Council's functions to various bodies and officers.
- Appendix 2: Petition Scheme - This appendix outlines the scheme for receiving and responding to petitions from citizens.
- Appendix 3: Council Procedure Rules - These rules govern the conduct of council meetings.
- Appendix 4: Cabinet Procedure Rules - These rules govern the conduct of Cabinet meetings.
- Appendix 5: Scrutiny Procedure Rules - These rules govern the conduct of Scrutiny Committee meetings.
- Appendix 6: Access to Information Procedure Rules - These rules detail the public's rights to attend meetings and access documents.
- Appendix 7: Budget and Policy Framework Procedure Rules - These rules govern the process for developing and adopting the council's budget and policy framework.
- Appendix 8A: Financial Regulations - These regulations set out the framework for managing the Council's financial affairs.
- Appendix 8B: Standing Orders Relating to Contracts - These standing orders govern the Council's procurement procedures.
- Appendix 9: Officer Employment Procedure Rules - These rules cover the recruitment, appointment, disciplinary action, and dismissal of officers.
- Appendix 10: Code of Conduct for Members - This code sets out the expected standards of conduct for elected members.
- Appendix 11: Member and Officer Relationships Protocol - This protocol outlines the expected relationship between members and officers.
- Appendix 12: Members' Allowances - Independent Remuneration Panel - This appendix details the role of the Independent Remuneration Panel in setting members' allowances.
- Appendix 13: Members' Allowances Scheme - This appendix sets out the scheme for members' allowances and expenses.
- Appendix 14: Senior Management Structure - This appendix provides an overview of the council's senior management structure.
- Appendix 15: Elected Member Role Profiles - This appendix details the role profiles for various elected member positions.
- Appendix 16: General Data Protection Regulations - This appendix outlines the council's privacy notice and members' responsibilities regarding data protection.
- Appendix 17: Guidance to Councillors Appointed to Outside Bodies - This guidance provides advice to councillors appointed to serve on external organisations.
- Appendix 18: Code of Good Planning Practice - This code sets out the expected behaviour and practices for deciding planning applications.
- Appendix 19: Protocol for use of ICT by Members/Use of Resources - This protocol governs the use of ICT equipment and resources by members.
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