The Council's Constitution
The South Holland District Council has agreed a new 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. Some of these processes are required by the law, while others have been chosen by the Council to suit local circumstances.
The Constitution is divided into 15 Articles which set out the basic rules governing the Council's business. More detailed procedures and codes of practice are provided in separate rules and protocols at the end of the document.
What's in the Constitution?
Article 1 of the Constitution commits the Council to provide clear leadership to the community in partnership, wherever possible; facilitate transparent, effective and efficient decision making taking into account the views of communities within the district, and continuous improvement in the delivery of services, all at the highest standards of conduct in accordance with Codes of Conduct for both councillors and officers. Articles 2 - 15 explain the rights of citizens and how the key parts of the Council operate. These are:
- Members of the Council (Article 2).
- Citizens and the Council (Article 3).
- The Full Council (Article 4).
- Chairing the Council (Article 5).
- Policy Development and Performance Monitoring Panels (Article 6).
- Regulatory and Other Committees (Article 8).
- The Standards Committee (Article 9).
- Joint Arrangements (Article 10).
- Decision making (Article 12).
- Finance, Contracts and Legal matters (Article 13).
- Review and Revision of the Constitution (Article 14).
- Suspension, interpretation and publication of the Constitution (Article 15).
How the Council operates
The Council is composed of 37 councillors elected every four years. Councillors are democratically accountable to residents of their ward. The overriding duty of councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them.
Councillors have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties. The Standards Committee has responsibility for promoting and maintaining high standards of conduct, including the provision of advice and training.
All councillors meet together as the Council. Meetings of the Council are normally open to the public. Here councillors decide the Council's overall policies and set the budget each year. The Council will appoint:
- the Leader, who will normally serve for a period of 2 years
- Policy Development Panel and Performance Monitoring Panel
- a Development Control Committee
- an Appointments & Disciplinary Panel
- an Appeals Panel
The Policy Development and Performance Monitoring Panels (sometimes referred to as overview and scrutiny committees) will report directly to the appropriate policy making body, except that where their work has been commissioned by the Cabinet or the full council it will report to the commissioning body.
How Decisions Are Made
The Cabinet is the part of the Council that is responsible for most operational decisions. The Cabinet is made up of the Leader of the Council, who is appointed by the Council, and between 6 and 9 councillors who are appointed by the Leader (ie minimum size of the Cabinet is 7 and maximum size is 10). When major decisions are to be discussed or made, these are published in the Cabinet's forward plan in so far as they can be anticipated. If these major decisions are to be discussed with Council officers at a meeting of the Cabinet, this will generally be open for the public to attend except where a limited range of personal or confidential matters are being discussed. The Cabinet has to make decisions that are in line with the Council's overall policies and budget. If it wishes to make a decision that is outside the budget or policy framework, this must be referred to the Council as a whole to decide although the Cabinet would normally make a recommendation.
Policy Development and Performance Monitoring Panels
The Policy Development and Performance Monitoring Panels (sometimes referred to as 'Overview and Scrutiny Committees') support the work of the Cabinet and the Council as a whole. They allow citizens to have a greater say in Council matters by examining and reviewing issues of local concern. These can lead to reports and recommendations which advise the Cabinet and the Council as a whole on its policies, budget and service delivery. These Panels also monitor the decisions of the Cabinet, and the Performance Monitoring Panel can 'call-in' a decision that has been made by the Cabinet but not yet implemented. This enables them to consider whether the decision is appropriate. They may recommend that the Cabinet reconsider the decision. They may also be consulted by the Cabinet or the Council on forthcoming decisions and the development of policy.
The Spalding Town Forum
With the exception of Spalding, all parts of the district are parished - that is to say that all towns and villages also have Parish Councils, or in one case (Little Sutton) a Parish Meeting who look after a range of very local services. In a referendum in 1998 the people of Spalding decided that they did not want a Parish or Town Council for the town. Nevertheless, in recognition of the importance of Spalding to the life of the district the Council created the Spalding Town Forum in 2000 as a consultative body. It is made up of the district councillors representing wards in Spalding and representatives of a variety of organisations active in the town.
The Forum meets in public. Its purpose is to give local citizens a greater say in council affairs. At present, the Forum does not have any powers. However, the role, purpose and operation of the Forum is to be reviewed in the light of experience of its operation.
The Council's Staff
The Council has people working for it (called 'officers') to 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 which governs the relationships between officers and members of the council is set out in Part 5 of this Constitution.
Citizen's Rights
Citizens have a number of rights in their dealings with the Council. These are set out in more detail in Article 3. Some of these are legal rights, whilst others depend on the Council's own processes. The local Citizens' Advice Bureau can advise on individuals' legal rights.
Where members of the public use specific council services, for example as a Council tenant, they have additional rights. These are not covered in this Constitution but details can be obtained from the Council Offices, Priory Road, Spalding PE11 2XE.
Citizens have the right to:
vote at local elections if they are registered;
contact their local councillor about any matters of concern to them;
obtain a copy of this Constitution;
attend meetings of the Council and its committees, the Policy Development and Performance Monitoring Panels, and the Cabinet, except where, for example, personal or confidential matters are being discussed;
petition to request a referendum on a mayoral form of executive;
find out, from the Cabinet's forward plan, what major decisions are to be discussed or decided by the Cabinet or officers, and when;
see reports and background papers, and any record of decisions made by the Council, individual members of the Cabinet and the Cabinet acting collectively;
complain if they are dissatisfied in any way with the Council;
complain to the Ombudsman if they think the Council has not followed its procedures properly. However, they should only do this after using the Council's own complaints process;
complain to the Standards Board for England if they have evidence which they think shows that a councillor has not followed the Council's Code of Conduct; and
inspect the Council's accounts when they are made available for this purpose and make their views known to the external auditor.
The Council welcomes participation by its citizens in its work. Further information on your rights as a citizen can be obtained from Head of Customer, Legal and Member Services, Council Offices, Priory Road, Spalding - Telephone 01775 761161.
