Council

Updated 5 August 2008

Medway Council has agreed a constitution which sets out how the council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by law, while others are a matter for the council to choose.

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Chapter 1    Summary and explanation (pdf 142KB)

Medway Council's constitution sets out how the council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by law, while others are a matter for the council to choose.

Chapter 2    Articles of the Constitution

The constitution is divided into 15 articles which set out the basic rules governing the council's business. More detailed procedures and codes of practice are provided in separate rules and protocols.

Article 1 sets out the council's vision and commits the council to providing a lead in turning Medway's vision into reality.

• Article 1    Introducing the constitution (pdf 14KB)

Articles 2-15 explain the rights of local people and how the key parts of the council operate. These are:

• Article 2    Members of the council (pdf 13KB)
• Article 3    Local people and the council (pdf 13KB)
• Article 4    The Full Council (pdf 12KB)
• Article 5    Chairing the council (pdf 11KB)
• Article 6    Overview and scrutiny committees (pdf 16KB)
• Article 7    The Leader and Cabinet (pdf 11KB)
• Article 8    Regulatory and other committees (pdf 7KB)
• Article 9    The Standards Committee (pdf 13KB)
• Article 10   Joint arrangements (pdf 14KB)
• Article 11   Employees (pdf 17KB)
• Article 12   Decision making (pdf 14KB)
• Article 13   Finance, contracts and legal matters (pdf 9KB)
• Article 14   Review and revision of the constitution (pdf 12KB)
• Article 15   Suspension, interpretation and publication of the constitution (pdf 11KB)

Chapter 3    Responsibility for functions (pdf 155KB)

This chapter records what part of the council or which individual has responsibilities for particular types of decisions or decisions relating to particular areas.

Chapter 4    Rules

This chapter is divided into eight sets of rules which govern the way the council conducts its business. These are:

• Part 1    Council rules (pdf 37KB)
• Part 2    Access to information rules (pdf 41KB)
• Part 3    Budget and policy framework rules (pdf 26KB)
• Part 4    Leader and Cabinet rules (pdf 16KB)
• Part 5    Overview and scrutiny rules (pdf 369KB)
• Part 6    Financial rules (pdf 40KB)
• Part 7    Contract rules (pdf 40KB)
• Part 8    Employment rules (pdf 15KB)

Chapter 5    Codes and protocols

• Part 1    Members' code of conduct (pdf 49KB)

Every authority is required to adopt a code of conduct that sets out rules governing the behaviour of its members. All elected, co-opted and independent members of local authorities, including parish councils, are covered by the code.

• Part 2    Members planning code of good practice (pdf 27KB)

This code gives advice to members on their involvement in the determination of planning matters.

• Part 3    Employee code of conduct (pdf 345KB)

This code provides an outline of the way in which the council expects all its employees to act.

• Part 4    Protocol on member/employee relations (pdf 320KB)

This protocol is designed to ensure effective working relationships between members and employees.

• Part 5    Communications protocol (pdf 375KB)

This protocol outlines processes for ensuring the council's communications are effective and sets out the respective roles of councillors and officers in communications.

• Part 6    Code of corporate governance (pdf 332KB)

Medway Council has adopted the Chartered Institute of Public Finance and Accountancy/Society of Local Authority Chief Executives (CIPFA/SOLACE) code of corporate governance. Corporate governance is the system by which local authorities direct and control their functions and relate to their communities.

• Part 7    Members licensing code of good practice (pdf 26KB)

This code gives advice to members on their involvement in the determination of licensing matters.

• Part 8    Anti-fraud and corruption policy (pdf 572KB)

This code outlines the council's commitment to creating an anti-fraud culture and maintaining high ethical standards in its administration of public funds.

Chapter 6    Members allowance scheme (pdf 39KB)

Councillors are not paid but are entitled to claim certain allowances and expenses for carrying out public duties. This scheme sets out what duties qualify for payments and how they are made. The council must have regard to the recommendations of an Independent Remuneration Panel in setting its scheme.

Chapter 7    Management structure (pdf 32KB)

This sets out the senior management structure of the council in the form of a chart.

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