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Constitution - Tuesday 27th February, 2024

February 27, 2024 Constitution View on council website

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Summary

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The Constitution Committee of Barnet Council met on Tuesday 27 February 2024 to discuss the council's constitution. The meeting's agenda focused entirely on the review and potential adoption of the council's constitution, which outlines the framework for its operation, decision-making processes, and the roles of its members and officers.

The Constitution

The primary item for discussion was the council's constitution, a comprehensive document that defines the parameters within which the council operates. The constitution is designed to ensure the council functions efficiently, transparently, and accountably to its residents. It is divided into several key parts:

  • Part 1 - The Articles: This section sets out the fundamental provisions of the constitution, including the powers of the council, the purpose of the constitution, and procedures for its review and amendment. It also details the roles of members, the full council, the mayor, decision-making processes, the executive, and officers.
  • Part 2 - Allocation of Responsibilities: This part details the terms of reference for various council bodies, including the full council, committees, sub-committees, joint arrangements, and the cabinet. It outlines the specific duties and responsibilities delegated to each.
  • Part 3 - Rules of Procedure: This section covers the procedural rules for council meetings, executive meetings, committee meetings, and the overview and scrutiny process. It also includes rules on budget and policy procedures, access to information, and the petition scheme.
  • Part 4 - Regulations, Rules and Codes: This part contains various regulations, rules, and codes governing the council's operations, including financial regulations, contract procedure rules, HR regulations, codes of conduct for members and officers, and the code of corporate governance.

The report pack provided an overview of each section of the constitution, detailing how the council operates, how decisions are made, the role of overview and scrutiny, other committees, and the council's staff. It also outlined citizens' rights in their dealings with the council. Specific articles within the constitution were detailed, including:

  • Article 1: The Constitution: This article sets out the fundamental provisions, confirming the council will act within the law and its constitution, and providing for methods of changing and publishing the constitution.
  • Article 2: Members and the Council: This article details how councillors are elected, their roles and functions, key tasks, and rights regarding access to information and calling in planning applications.
  • Article 3: The Full Council: This article defines the functions reserved for the Full Council, including approving the policy framework and annual budget, and retaining responsibility for regulatory functions.
  • Article 4: The Mayor: This article describes the appointment and ceremonial role of the Mayor, as well as their responsibilities in chairing council meetings.
  • Article 5: Decision Making: This article outlines the principles governing decision-making, including proportionality, due consultation, and a presumption in favour of openness. It defines Key Decisions and the thresholds for such decisions.
  • Article 6: The Executive: This article details the appointment of the Leader and the composition and responsibilities of the Executive (Cabinet), including restrictions on who can be appointed to the Executive.
  • Article 7: Officers: This article describes the management structure, the responsibilities of Chief Officers and Statutory Officers, including the Head of Paid Service, Monitoring Officer, and Chief Finance Officer.

The report pack also included detailed terms of reference for various committees and joint arrangements (Part 2B and 2C), the terms of reference for the Cabinet (Part 2D), and the appointment and terms of office for Cabinet Members (Portfolio Holders) (Part 2E). Delegations to officers (Part 2F) and functions not the responsibility of the Executive (Part 2G) were also outlined. Procedural rules for council meetings (Part 3A), executive meetings (Part 3B), committee meetings (Part 3C), budget and policy procedures (Part 3D), access to information (Part 3E), and the petition scheme (Part 3F) were also detailed. Finally, various regulations, rules, and codes were included, such as Financial Regulations (Part 4A), Contract Procedure Rules (Part 4B), HR Regulations (Part 4C), Member Codes of Conduct (Part 4D), Member Licensing Code (Part 4E), Member Planning Code (Part 4F), Code of Conduct for Officer Member Relations (Part 4G), Code of Corporate Governance (Part 4H), Members' Allowance Scheme (Part 4I), and the Protocol for Recording Decisions made by Officers (Part 4J), along with guidance on Members' Rights to Access Information (Part 4K) and the Code of Recommended Practice on Local Authority Publicity (Part 4L).

Attendees

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet 27th-Feb-2024 Constitution.pdf

Reports Pack

Public reports pack 27th-Feb-2024 Constitution.pdf

Additional Documents

1. LBB Constitution - Cover Sheet.pdf
Introduction to the Constitution and Summary.pdf
3. Articles - Part 1 - Cover Sheet.pdf
Article 2 - Members and the Council.pdf
Part 2 - Cover Sheet.pdf
Part 2A - Terms of Reference of Council.pdf
Part 2B and 2C - Terms of Reference of Committees.pdf
Part 2D and 2E - Terms of reference of Cabinet and Portfolio Holders.pdf
Part 2F - Delegations to the Head of Paid Services Chief Officers and Statutory Officers.pdf
Part 2G - Functions not to be responsibility of the Executive.pdf
Part 3 - Cover Sheet.pdf
Part 3A - Council Procedure Rules.pdf
Part 3B and 3B1 - Executive Procedure Rules.pdf
Part 3C - Committee Procedure Rules.pdf
Part 3D - Budget and Policy Procedure Rules.pdf
Part 3E - Access to Information Procedure Rules.pdf
Part 3F - Petition Scheme.pdf
Part 4 - Cover Sheet.pdf
Part 4A - Financial Regulations.pdf
Part 4B - Contract Procedure Rules.pdf
Part 4B1 - Land and Property Transactions Authorisation and Delegated Powers - Tables A and B.pdf
Part 4C - HR Regulations for Council.pdf
Part 4D - Member Code of Conduct.pdf
Part 4D1 - Procedure for dealing with Member Complaints.pdf
Part 4E - Members Licensing Code.pdf
Part 4I - Members Allowances Scheme.pdf
Part 4F - Members Planning Code.pdf
Part 4G - Code of Conduct for Officer Member Relations.pdf
Part 4L - Code of Recommended Practice on Local Authority Publicity.pdf
Part 4H - Code of Corporate Governance 2023-24.pdf
Part 4K - Members Rights to Access Information.pdf
Part 4L - Code of Recommended Practice on Local Authority Publicity.pdf
Part 4M - Code-of-Conduct for Officers.pdf
Article 01 - The Constitution.pdf
Article 03 - The Full Council.pdf
Article 04 - The Mayor.pdf
Article 05 - Decision Making.pdf
Article 06 - The Executive.pdf
Article 07 - Officers.pdf
Part 4J - Protocol for Recording of Decisions made by Officers.pdf