Part 1 – Summary and Explanation
SUMMARY AND EXPLANATION
INTRODUCTION TO THE CONSTITUTION
1.1
(1)
This Constitution sets out how the Council’s decision making processes
operate and how decisions are made. The law requires some of these
processes, while others are a matter for the Council to choose.
(2)
The purpose of the Constitution is to:
(3)
May 2016

ensure that decision makers are clearly identifiable and
accountable to local people;

enable decisions to be taken efficiently and effectively;

ensure decisions follow a clear process and are appropriately
recorded; and

support the active involvement of local people in decision making.
The Constitution contains 15 Articles, which set out the basic framework
for governing the Council’s business. More detailed procedures and
codes of practice are then provided in Parts 3 – 5. A key element is an
explanation of the rights of citizens and how the key parts of the Council
operate. The framework of the Constitution is set out in fifteen Articles as
follows:
Article 1
–
The Constitution
Article 2
–
Members of the Council
Article 3
–
Residents and the Council – Role Descriptions
Article 4
–
The Full Council
Article 5
–
Chairing the Council – Role of the Mayor
Article 6
–
Policy and Review Panels
Article 7
–
The Cabinet
Article 8
–
Committees of the Council
Article 9
–
Area Committees
Article 10
–
Joint Arrangements
Article 11
–
Officers
Article 12
–
Decision Making
Article 13
–
Finance, Contracts and Legal Matters
Article 14
–
Review and Revision of the Constitution
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Part 1 – Summary and Explanation
Article 15
–
Suspension, Interpretation and Publication of the
Constitution
HOW THE COUNCIL OPERATES/ELECTION OF COUNCILLLORS
1.2
(1)
The Council comprises 39 elected councillors. Each Councillor is elected
to represent an area in the Borough, called a ward, for a period of 4
years. Council elections are usually held for one-third of the available
seats every year on the first Thursday in May (except in the year when
there is a County Council election), although by-elections may arise from
time to time to fill any casual vacancy. These elections use the first past
the post system.
(2)
Councillors are democratically accountable to the people who live in their
wards. They also have an overriding duty to the whole community, which
the Council serves, but they have a special duty to their constituents,
including those who did not vote for them.
COUNCILLOR CONDUCT
1.3
(1)
Councillors are expected to observe the Councillor’s Code of Conduct
and the Protocol for Member/Officer Relations, as set out in Part 5 of
the Constitution, at all times. These protocols aim to ensure high
standards in the way Councillors undertake their duties
HOW DECISIONS ARE MADE
1.4
(1)
The Structure of the Council is set out in Figure 1.
Full Council
(2)
Article 4 of the Constitution describes the role of Full Council. This is
when all councillors meet together to decide the Council’s overall
policies and set the budget each year. The Council also undertakes a
number of key roles, in particular to:



Discuss issues of local concern;
Deal with matters relating to the Constitution;
Determine issues that are contrary to policies, strategic
plans and the approved budget, unless they are dealt with
elsewhere in the Constitution.
Leader and Cabinet Executive
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(3)
The Council has adopted executive arrangements for the discharge of its
functions in the form of a Leader and Cabinet Executive.
(4)
The Cabinet is the part of the Council, which is responsible for most dayto-day decisions. The Cabinet is made up of seven councillors who are
appointed by the Leader. When major decisions are to be discussed or
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Part 1 – Summary and Explanation
made, these are published in the Cabinet’s Work Programme 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 personal or confidential matters,
subject to the public interest test, are being discussed. The Cabinet has
to make decisions which are in line with the Council’s overall policies and
budget. If it wishes to make a decision which is outside the budget or
policy framework this must be referred to the Council as a whole to
decide, unless provided for elsewhere in this Constitution.
Overview and Scrutiny
(5)
The Council has five Policy and Review Panels to support the work of
the Cabinet and the Council as a whole. The Panels undertake a
number of roles including policy development and review, monitoring the
Council’s performance against its targets and holding the Cabinet to
account for the decisions that it makes. Following a request by
councillors, a Panel can ‘call-in’ a decision which has been made by the
Cabinet or an individual councillor or by an officer (in some cases), but
not yet implemented. They will consider whether the decision is
appropriate and they may recommend that the decision should be
reconsidered.
Regulatory Committees
(6)
The Council has regulatory Committees that deal with quasi-judicial and
other non-executive matters, for example, planning applications.
CITIZENS’ RIGHTS
1.5 (1)
Everyone has an equal right to access Council Services and to enjoy
high standards of service in all that the Council does. These are set out
in more detail in Article 3. Some are legal rights, whilst others depend on
the Council’s own processes. The local Citizens’ Advice Bureau can also
advise on individuals’ legal rights. Where the public uses specific
Council services, as citizens or consumers, they may have additional
rights. These are not covered in this Constitution, but details of these
rights will be explained by the Services themselves.
Citizens have the right to:
 vote at local elections if they are registered (contact Electoral
Services for further information - Tel. 01252 398826 or
398828)
 contact their local councillors about any matters of concern;
 view a copy of the Constitution;
 speak at meetings of the Cabinet, Committees and Policy and
Review Panels in accordance with the public speaking
procedure rules set out in Part 4 of this Constitution.
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Part 1 – Summary and Explanation

attend meetings of the Council, the Cabinet, Committees and
Policy and Review Panels as observers except where, for
example, personal or confidential matters are being discussed;

petition to request a referendum on a mayoral form of
executive;

contribute to investigations by the Policy and Review Panels,
as appropriate;

contribute to the functions dealt with by the Council’s
Committees in relation to licensing and regulatory issues;

find out, from the Cabinet’s work programme, what major
decisions are to be determined by the Cabinet, and when;

access reports and background papers, and any record of
decisions made by the Council and Cabinet (unless exempt);

complain to the Council if they think it has:





failed to do something it should have done
done something badly
done something it should not have done
treated them unfairly or discourteously, or
been guilty of “maladministration”;

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; and

inspect the Council’s accounts and make their views known to
the external auditor.
The Council welcomes participation by its citizens in its work. For further
information on your rights as a citizen, please contact the Council’s Head
of Democratic Services at Rushmoor Borough Council, Council Offices,
Farnborough Road, Farnborough, Hampshire, GU14 7JU. Tel: (01252)
398820. E-mail: [email protected]
ACCESS TO INFORMATION
1.6
May 2016
(1)
Meetings and papers relating to full Council, the Cabinet and
Committees are open to the public, and available on the Council’s
website except where ‘exempt’ or ‘confidential’ items are discussed.
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Part 1 – Summary and Explanation
THE COUNCIL’S STAFF
1.7
(1)
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. The Protocol for Member-Officer
Relations, which governs the relationships between officers and
councillors, is set out in Part 5.
MANAGEMENT STRUCTURE
1.8
(1)
The Chief Executive and two Corporate Directors comprise the ‘Directors
Management Board’ (DMB). This team provides strategic advice to the
Council, coordinates Council activity to the best effect and ensures high
standards of performance.
(2)
The Directors Management Board and Heads of Service meet together
regularly to deal with corporate issues.
(3)
Each Head of Service is responsible and accountable for the functions
allocated to the post concerned.
MANAGING THE CONSTITUTION
1.9
May 2016
(1)
This Constitution has been formally approved by the Council. Any
significant changes to the Council’s decision making arrangements and
committee structure will need to be approved by the Council.
(2)
The Licensing and General Purposes Committee will be responsible for
monitoring and reviewing the operation of the Constitution to ensure that
the aims and principles of the Constitution are given full effect.
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Part 1 – Summary and Explanation
POLICY
FRAMEWORK
LEVEL
FULL COUNCIL
COMMITTEES
CABINET
(Dealing with specified non-executive
functions)
Portfolios Comprise:
Corporate Services
Health and Housing
Leisure and Youth
Environment and Service Delivery
Business, Safety and Regulation
Concessions and Community Support
LICENSING AND
GENERAL PURPOSES
COMMITEE
Collective decisions or through:
Member
DEVELOPMENT
MANAGEMENT
COMMITTEE
DECISION
MAKING
LEVEL
Officer Member and Officer Member and Officer and Ward
Councillors
POLICY AND REVIEW PANELS
POLICY DEVELOPMEN
LEVEL
BOROUGH
SERVICES
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CORPORATE
SERVICES
ENVIRONMENT
LEISURE AND
YOUTH
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COMMUNITY