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Constitution

Constitution

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Constitution - Article 6 - Decision making structures

ARTICLE 6 – DECISION MAKING STRUCTURES

6.1 The Council has determined to operate a committee system as permitted by Section 19 Local Government Act (Northern Ireland) 2014

6.2 Proceedings of the committees shall take place in accordance with the Council’s Standing Orders set out in Part 3 of this Constitution.

ARTICLE 7 – COMMITTEES

7.1 The Council has appointed committees to enable it to discharge its functions.

7.2 These are:

  • Corporate Resources, Policy and Governance Committee;
  • Environment and Economy Committee;
  • Neighbourhoods and Communities Committee;
  • Planning Committee;
  • Audit & Scrutiny Committee;
  • Personnel Committee; and
  • Standards Committee.

7.3 The functions for which each committee is responsible for is detailed in the Scheme of Delegation, Annex D of this Constitution.

ARTICLE 8 – JOINT ARRANGEMENTS

8.1 The Council may establish joint arrangements with one or more district councils to exercise functions which are not executive functions in any of the participating authorities, or to advise the Council.

8.2 Such arrangements may involve the appointment of a joint committee with these other local authorities.

8.3 Details of any Joint Arrangements will be found in Annex C of this Constitution.

ARTICLE 9 – OFFICERS

9.1 The Council may engage such staff (referred to as officers), as it considers necessary to carry out its functions.

Functions of the clerk to the Council

9.2 The Clerk to the Council is responsible for the discharge of functions by the Council.

The Clerk will report to full Council on the manner in which the discharge of the Council’s functions is coordinated and resourced.

9.3 The Clerk has authority over all other officers so far as is necessary for the efficient management and for carrying out the Council’s functions.

Functions of the chief financial officer

9.4 The Chief Financial Officer ensures the lawfulness and financial prudence of decision-making.

The Chief Finance Officer will report to the full Council and the council’s external auditor if he or she considers that any proposal, decision or course of action will involve incurring unlawful expenditure or is unlawful and is likely to cause a loss or deficiency or if the council is about to enter an item of account unlawfully.

9.5 In accordance with the Local Government Finance Act (Northern Ireland) 2011 to advise on robustness of estimates and level of resources.

9.6 The Chief Finance Officer will have responsibility for the administration of the financial affairs of the council.

9.7 The Chief Finance Officer will contribute to the corporate management of the council, in particular through the provision of professional financial advice.

9.8 The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all councillors and will support and advise councillors and officers in their respective roles.

9.9 The Chief Finance Officer will provide financial information to the media, members of the public and the community.

Duty to provide sufficient resources to the chief financial officer

9.10 The Council will provide the chief financial officer with such officers, accommodation and other resources as are, in its opinion sufficient to allow their duties to be performed.

Conduct

9.11 Officers will comply with the Officers’ Code of Conduct and the Local Government Employee and Councillor Working Relationship Protocol set out in Part 4, Annex K of this Constitution.

ARTICLE 10 – DECISION MAKING

Responsibility for decision making

10.1 The Council will issue and keep up to date a record of what part of the Council or individual officer has responsibility for particular types of decisions or decisions relating to particular areas or functions.

Principles of decision making

10.2 Decisions of the Council should be made in accordance with the following principles:

  • Proportionality (meaning the action must be proportionate to the results to be achieved);
  • Due consultation (including the taking of relevant professional advice);
  • Due consideration (on the basis that all relevant information has been made available);
  • Respect for human rights, equality and fairness;
  • Presumption in favour of openness;
  • Clarity of aims and desired outcomes;
  • Due consideration to be given to alternative options; and
  • Reasons for the decisions to be given provided there is no breach of confidentiality.

Decisions to be taken by a qualified majority

10.3 Decisions of Council which must be taken by a qualified majority, i.e. by 80% of the votes of members present and voting, are set out in the Council Standing Orders (Standing Order 8) in Part 3 of the Constitution.

Decision-making by the Council

10.4 The Council meeting will follow the Council Standing Orders set out in Part 3 of this Constitution when considering any matter.

Decision-making by other committees established by the Council

10.5 Council committees will follow those parts of the Council Standing Orders set out in Part 3 of the Constitution as apply to them.

Reconsideration of decisions

10.6 Decisions of the Council or a committee of the council will be subject to reconsideration if 15 per cent of the members of the Council present to the clerk of the Council a requisition on either or both of the grounds specified in section 41(1) of the Local Government Act (Northern Ireland) 2014.

These are:

  • that the decision was not arrived at after a proper consideration of the relevant facts and issues; and
  • that the decision would disproportionately affect adversely any section of the inhabitants of the district.

10.7 The procedures to be followed in relation to a requisition for the reconsideration of a decision are set out in the Council Standing Orders [Standing Order 9] in Part 3 of this Constitution.