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Constitution

Constitution

In this Section

Constitution - Article 3 - Citizens and The Council

ARTICLE 3 – CITIZENS AND THE COUNCIL

Citizens' rights

3.1 Residents and others who avail of the Council’s services have the following rights in relation to the operation of the Council.

Their rights to information and to attend meetings of the Council or its committees are explained in more details in the Access to Information Rules in Part 4 of this Constitution.

Information

3.2 Citizens have the right to:

  • Attend meetings of the Council and its committees except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private;
  • See reports and background papers (except where confidential or exempt), and any records of decisions made by the Council;
  • Inspect the Council's accounts and make their views known to the Local Government Auditor; and
  • Exercise their rights under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 to obtain information held by the Council.

Complaints

3.3 Citizens have the right to complain to:

  • The Council itself under its complaints, comments and compliments scheme;
  • The Northern Ireland Public Service Ombudsman after using the Council's own complaints, comments and compliments scheme;
  • The Northern Ireland Commissioner for Standards in respect of an allegation that a councillor (or former councillor) has failed, or may have failed, to comply with the Northern Ireland Local Government Code of Conduct for Councillors.

Citizens' responsibilities

3.4 Citizens must not be violent, abusing or threatening to councillors or officers and must not wilfully harm things owned by the Council, councillors or officers.

ARTICLE 4 – THE COUNCIL

Meanings

Policy Framework

4.1 Those plans and strategies prescribed in legislation to be adopted by the Council; and other plans and strategies, which Council may decide to adopt as a matter of choice.

4.2 The diagram below outlines how the policy framework links together:

Community Plan - 15 year strategic plan
Corporate Plan - 4 year strategic plan
Performance Improvement Plan - Annual improvement plan
Annual Business Plans
Employee Personal Development Plan - Annual plan linked to work objectives and learning and development needs

Budget

4.3 The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the council rate base, setting the district rate and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and the setting of virement limits.

Functions of the Council

4.4 The roles and responsibilities of councils, established in the Local Government Act 2014 and in other legislation, fall into four types:

  • Direct – councils are responsible for the provision and management of services.
  • Development – councils have a role in facilitating economic and community development initiatives.
  • Representative – council nominees sit on statutory bodies.
  • Consultative – councils reflect community views and concerns, and provide a challenge function, in a range of issues including education, health and housing.

4.5 Council is responsible for a range of services falling broadly within Waste Management; Open Spaces; Culture, Arts and Leisure; Regulatory Services; Economic Growth and Development; and Planning.

Council meetings

4.6 There are three types of Council meeting:

  • The annual meeting;
  • Ordinary meetings;
  • Extraordinary meetings;
  • And they will be conducted in accordance with the Council Standing Orders in Part 3 of the Constitution.

Responsibility for functions

4.7 The Council will maintain Part 2 of this Constitution setting out the responsibilities of the Council’s functions.

ARTICLE 5 – CHAIRING THE COUNCIL

5.1 The Mayor and in his/her absence, the Deputy Mayor will have the following roles and functions:

  • To uphold and promote the purposes of the Constitution;
  • To preside over meetings of the Council so that its business can be carried out efficiently and with regard to the rights of councillors and the interests of the community;
  • To endeavour to ensure that the Council meeting is a forum for the debate of matters of concern to the local community;
  • To promote public involvement in the Council's activities; and
  • To attend such civic and ceremonial functions as the Council and he/she determines appropriate.

5.2 The Mayor and Deputy Mayor will be nominated by the relevant nomination officer at the Annual Meeting of the Council, along with Chair, Vice Chair of Committees and Committee Members.