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Decision details

Review of the Constitution

Decision Maker: Council

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

To advise Members of the Changes to the Constitution
To advise Members of the impact of the Localism Act on the Constitution

Decisions:

The report of the Solicitor to the Council and Monitoring Officer advising Members of required changes to the Constitution was considered.

 

RESOLVED

 

That:

 

1

The changes to the Constitution be noted;

 

2

The changes outlined in Appendix 1 to this report be approved;

 

3

The following be added:

1.8       Decisions to be taken by the executive

(c) The executive are to reply recommendations accepted from Full council or the scrutiny Committees within a 3 month period;

 

4

The following be added at Article 10A – Nominations Committee:

10A. 02          Composition

 

(a)   Membership. The nominations committee will be composed of at least:

 

·                    five councillors

 

·                    one person who is not a councillor or an officer of the council.

 

(b)   Chairing the Committee. The Chairman and Vice-Chairman will be appointed in accordance with Council Procedure Rules.

 

 

(c)   Independent members. Independent members will be entitled to vote at meetings;

 

 

10A. 03          Role and Function

 

The Nominations Committee will have the following roles and functions:

 

1.      Consider nominations to be made to the Council pursuant to section 249(1) of the Local Government Act 1972 for conferring the title of honorary aldermen or honorary alderwomen on persons who have, in the opinion of the Council, rendered eminent services to the Council.

 

2.      Consider nominations to be made to the Council pursuant to section 249(5) of the Local Government Act 1972 to admit to be honorary freemen or honorary freewomen of the Borough of Tamworth persons who are of distinction and who have, in the opinion of the Council, rendered eminent services to the Borough.

 

3.      Maintain a publicly accessible application process for the two above honours

 

4.      Any approved applications are referred to Full Council for Full Council approval.

 

5.      Act as a sponsor to a new application, make referral to, or support an existing application that nominates a Tamworth resident to any outside bodies’ awards or recognition scheme.

 

6.      Seek nominations from the Tamworth public, persons worthy of public recognition for their service or work for the Borough of Tamworth.

 

 

5

The following amendment be made to

11.2    Questions on notice at Ordinary Meetings of the Council:

 

Subject to Rule 11.4, a member of the Council may ask:

 

·                    a member of the executive;

 

·                    the chairman or vice-chair of any committee or sub-committee

D-10

 
 

·                    a question on any matter in relation to which the Council has powers or duties or which affects Tamworth.

Be removed and replaced with

 

11.2         Questions on notice at Ordinary Meetings of the Council

 

Subject to Rule 11.4, a member of the Council may ask:

 

·                    any member in receipt of a Special Responsibility Allowance, except the Mayor and Deputy Mayor.

D-10

 
 

·                    a question on any matter in relation to which the Council has powers or duties or which affects Tamworth.

 

 

6

The following amendment be made to 6.03 Specific functions:

 

(iV) question members of the executive and committees and chief officers about their views on issues and proposals affecting the area; and

 

Be removed and replaced with:

 

(iv) question members of the executive and committees and chief officers about their views on issues and proposals affecting the area and receive a reply/progress statement from the responsible body or member within 3 calendar months, relating to any recommendations accepted by full council or cabinet which have been referred from the scrutiny process; and

 

 

7

Page C-8 1. RESPONSIBILITY FOR EXECUTIVE FUNCTIONS be updated with the new Executive Functions as detailed below:

Executive functions shall subject to the provisions of Section 9E of the Local Government Act 2000 (as amended) be the responsibility of the Leader of the Council who may discharge executive functions or arrange for their discharge by the executive, by another member of the executive, by a committee of the executive or by an officer of the Council.

 

The Leader shall as required by Article 7.06 maintain a list of delegations of functions which shall form part of this constitution.

 

 

 

Who is responsible

Responsibilities (provided the decision is within any guidance or direction from the Leader and/or the Cabinet)

Onward limits on delegations (provided the decision is within any guidance or direction from the Leader and/or the Cabinet and/or the Portfolio Holder

 

 

Leader

Corporate Assessments

Engagement Overview

Financial Planning

Performance Management

Member Development

Strategic Overview

Local Strategic Partnership

Chief Officers with responsibilities for these functions

 

 

Portfolio Holder for Core Services & Assets

Corporate Finance

Procurement

Audit & Governance

Service Transformation

ICT

Human Resources

Corporate Property

Asset Management

Treasury Management

Revenues & Benefits

Legal Services

Democratic Services

Car Parks

Customer Services

Corporate Health and Safety

Chief Officers with responsibilities for these functions

 

 

Portfolio Holder for Community Development

Safer & Stronger Communities

Community Safety

Tackling Crime

ASB Reduction

Tackling Fear of Crime

Integrated Enforcement

Civil Parking Enforcement

Street Wardens

CCTV Management

Community Development

Locality Working

 Healthier Communities

Chief Officers with responsibilities for these functions

 

 

Portfolio Holder for Housing

Strategic Housing

Homelessness Prevention

Housing Advice

Landlord Services

Decent & Affordable Housing

Private Sector Housing

Child Protection

Safeguarding Children

Vulnerable Adults

Neighbourhood Renewal

Healthier Housing

Garages

Chief Officers with responsibilities for these functions

 

 

Portfolio Holder for Reputation & Engagement

Public Relations Management

Public Relations Communications Overview

Tamworth Listens

Graphics

Publications

Youth Council

Corporate Consultation

Budget Consultation

HRA Consultation

Services for Young People

Tenant Engagement

HRA Public Relations

Third Sector Engagement

Place Steering Group

Gateways Project

Participatory Budgeting

Chief Officers with responsibilities for  these functions

 

 

 

Portfolio Holder for Environment and Waste Management

Strategic Waste Management

Refuse Collection

Recycling Services

Waste Minimisation

Public Health & Safety

Community Health & Safety

Licensing

StreetScene

Tamworth in Bloom Operations

Clean Streets Enforcements

Chief Officers with responsibilities for  these functions

 

 

 

Portfolio Holder for Economic Development & Enterprise

Heritage & Leisure

Tourism

Town Centre Development

Education

Business Liaison

Business Development

Development Management

Building Control

Voluntary Sector

Parks and Play

Outdoor/Indoor Events

Market Development

Local Plan

Local Enterprise Partnerships

Infrastructure / Transport

Chief Officers with responsibilities for  these functions

 

 

Cabinet (Grants) Sub Committee

·        To determine applications under the grants to voluntary organisations scheme (small grants)

·        To determine applications under the Arts Grants Fund

To determine applications under the Sports Grants Fund

Chief Officers with responsibilities for  these functions

 

 

 

 

(Moved by Councillor R Pritchard and seconded by Councillor D Cook)

 

Report author: Jane Hackett

Publication date: 12/06/2012

Date of decision: 17/05/2012

Decided at meeting: 17/05/2012 - Council

Accompanying Documents: