1 – Introduction 2019
CONSTITUTION
INTRODUCTION
Local councils, unlike principal authorities are not required by law to adopt a constitution, however they do need to adopt Financial Regulations and to have other governing documents such as Standing Orders, a Member Code of Conduct and a Publication Scheme.
Newmarket Town Council have resolved to voluntarily adopt a constitution which will contain the Statutory Governance documents it needs to publish, as well as a number of other parts which represent best practice and will help to make its dealings more transparent to local people and businesses. The purpose of the constitution is to enable local people to understand how their Town is being governed and how they can become involved in decision making.
This first Constitution was adopted on 22nd May 2017, and contains a number of constituent parts recently adopted by Council, as set out in the Index.
As you look down the contents page, you may see some gaps. This is because the Council is gradually reviewing and revising its governance documents and adding policies as they are developed.
The Constitution also doubles as a handbook for Councillors. It is available to them in hard copy or electronic format.
You will find the documents listed in pdf format below.
BACKGROUND – LOCAL GOVERNMENT
Before considering the detail of how Newmarket Town Council operates, it is useful to consider briefly where local government has come from and how it is changing.
In Britain, there is no codified constitutional document setting out the rights and responsibilities of local authorities and their relationship with national government. Instead, there is a set of institutions and practices, some centuries old, that have been created and adopted in response to changing circumstances and which have gradually been given a statutory framework.
Local government is in the public sector, but is not a local civil service. It is political in nature because the people that determine its direction are democratically elected by local people. Central government, however, has the capacity to direct and regulate councils through legislation and fiscal means. Local government is first and foremost a people business and service to the community is the cornerstone of its activity.
Local government in England is a mixture of single and two tier principal authorities and local councils. County councils and district councils (sometimes called borough councils) have a split responsibility for service provision, a situation which still exists in Suffolk. Metropolitan and unitary authorities in some other parts of the Country are all purpose. The term “local council” means a parish or town council. They are, like all councils an elected corporate body, but have a far more limited range of duties and powers than the principal councils. However, the Town Council is the most local form of government and therefore plays a vital role at the community interface.
Local government traditionally can only do what it is powered to do by statute, other acts are “ultra vires” (beyond the power of) which is the reverse of the position of an individual who can do anything which is not restricted by law. This position was widened for principal authorities and qualifying local councils by the provisions of the Local Government Act 2000 which gave those councils the power to undertake a wide range of duties which they considered were likely to achieve the promotion or improvement of the economic, social or environmental well-being of their area.
The well being powers are now superseded by a General Power of Competence provided for by the Localism Act 2011. In brief, this provides for a principal council or qualifying local council to have the power to do anything that individuals generally may do but with certain limitations. Newmarket Town Council is currently eligible and has adopted this general power of competence.
BACKGROUND – NEWMARKET TOWN COUNCIL
Newmarket is a Suffolk market town approximately 65 miles (105 kilometres) north of London. It is generally considered the birthplace and global centre of thoroughbred horse racing. It is a major local business cluster, with annual investment rivalling that of the Cambridge Science Park. It had a mid 2015 population of 20,936. The draft Local Plan, recently submitted to the Secretary of State proposes a total of 321 dwellings in the town up to 2031. This level of proposed growth inevitably generates the need for additional infrastructure provision including additional school places, the need to improve or expand GP surgeries and green infrastructure. Newmarket Town Council are currently preparing a Neighbourhood Plan.
Newmarket is a unique and historic market town. It has many fine listed buildings, attractive shopping, varied recreational facilities and a variety of hotels, restaurants and cafes. Newmarket gives easy access to the attractive villages and country side which surround the town. There are many historic sites such as the Icknield Way and the Devil’s Dyke, which link Newmarket to its Anglo Saxon history. The Dyke is an ancient monument, and is the largest defensive earthwork in the country.
As explained above, Newmarket has three different tiers of local government, each democratically elected, independent of each other and with very different functions. Suffolk County Council is the administrative authority for the county. Forest Heath is the local government district. Based in Mildenhall, it was formed on 1 April 1974, under the Local Government Act 1972, by a merger of Newmarket Urban District and Mildenhall Rural District. Forest Heath District Council and St Edmundby District Council share services as West Suffolk working Together
Newmarket Town Council is known as a “local council”. It was established following the 1974 Local Government reorganization although the historic town had been at the centre of local government from 1894 to 1974, through the former Newmarket Urban District Council. The Town is uniquely placed to build a close relationship with the Town’s residents, businesses and voluntary sector, to represent the local community and provide services which are needed and desired in the town as well as to display community leadership.
The Town Council is responsible for a number of community facilities throughout the town, including the public office at the King Edward VII Memorial Hall, 2 closed church yards, sponsored roundabouts, various flower beds, play areas and public toilets. It also maintains the Town Clock Tower, war memorials, a number of bus shelters, street benches, Birdcage Walk, The Cooper Memorial and the statue of The Queen with mare and foal as well as street planters and hanging baskets. It administers the Newmarket Cemetery and Chapel, the Severals grass area and Memorial Hall Grounds, as well as two venues-The Memorial Hall and the Severals Pavillion. It is involved in the promotion of the Town across various media and both running and facilitating events & festivals. The Council is also responsible for a number of street lighting columns, with Forest Heath District Council owning the remainder.
The motto on the Council’s coat of arms “Respice Finem” means “consider the end”; “consider the consequences”: “consider the final outcome” or “to do what you do with caution”.
HOW THE COUNCIL OPERATES
Newmarket Town Council comprises 18 elected Councillors, who represent Six different wards in the town, Studlands, Scaltback, Freshfields, Severals and All Saints. Council elections take place in May every 4 years, when a new council is elected. The most recent ordinary election was held in May 2019. The terms of office of councillors is four years starting on the fourth day after being elected and finishing on the fourth day after the date of the regular election four years later. The overriding duty of councillors is to the whole community, but they have a special duty to their ward constituents, including those who did not vote for them.
Only registered voters of the town or those living or working there, or living within 3 miles of the parish boundary are eligible to hold the office of councillor, providing they are 18 years of age or over and not disqualified.
Councillors have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties which includes the declaration of interests in matters considered by council. The Council adopted its current Members Code of Conduct in 2012. West Suffolk District Council is responsible for promoting and ensuring the standards of conduct by district and town councillors. Their Monitoring Officer deals with complaints about the behavior of councillors under the Code.
All councillors meet together as the full council on the fourth Monday each month (except December when it is held earlier in the month, or if the date should fall on a bank holiday), including the annual council meeting in May. Here councillors decide the Council’s overall policies, set the budget each year and deal directly with the more major issues. Each year at the annual meeting Councillors elect a Town Mayor, who also holds the statutory position of Chairman, and a Deputy Mayor.
The Council appoints committees which deal with the more detailed or routine items of business. Certain decisions may be delegated by full council to these committees, all other items are dealt with as recommendations to be ratified at a meeting of full council. Council also establish working parties, which do not have decision making powers but look at the detail of future policy or services in a depth which would not be possible in the formal arena. The council has five principal committees with separate responsibilities: Finance & Policy, Development & Planning, Community Services, Leisure Services and Human Resources. These meet monthly prior to Council except Development and Planning, which meets twice each month. The Council also has an Appeals Committee which meet as necessary.
HOW DECISIONS ARE MADE
All formal meetings of council and its committees are subject to statutory notice being given, and the Council publishes an annual programme each year. Meetings are always publicised on the web site
and notice boards. All formal meetings are open to the public and press. Reports to those meetings and relevant background papers are available for the public to see.
Occasionally, council or committees may need by law to consider matters in private. Examples of this are matters involving personal details of staff, or a particular member of the public, or where details of commercial sensitivity are to be discussed. This will only happen after a formal resolution has been passed to exclude the press and public. Minutes from all formal meetings, including the confidential parts are public documents.
THE COUNCIL’S STAFF
The council has people working for it (called ‘officers’) to give advice, implement decisions and manage the day-to-day delivery of its services. The Town Council Manager heads up this paid service and has specific duties as the “Proper Officer” to ensure that the council acts within the law. A Financial Manager is designated as “Responsible Financial Officer” to ensure that financial best practice is followed and deputises for the Town Council Manager as necessary. A code ensures high standards of conduct and a protocol governs the relationships between officers and members of the council.
CITIZENS’ RIGHTS
Citizens have a number of rights in their dealings with the Council. Some of these are legal rights, whilst others depend on the Council’s own processes. Where members of the public use specific council services they have additional rights. These are not covered in this Constitution but you will be told of them when you use the service.
Citizens have the right to:
• Vote at local elections if they are registered;
• Contact their local councillor about any matters of concern to them;
• View a copy of the Constitution;
• Attend meetings of the Council and its committees except where, for example, personal or
confidential matters are being discussed;
• Speak in the appropriate part of Council and committee meetings;
• Film, photograph or make an audio recording of the meeting for the benefit of those not attending, providing it is not disruptive.
• Present a petition to the Council;
• Complain about any aspect of the Council’s services. (If a complaint in the usual way does not bring satisfaction, the Council has a formal Complaints procedure);
• Complain to the Forest Heath District Council’s Monitoring Officer if they have evidence which shows that a councillor has not followed the Council’s Code of Conduct;
• Inspect the Council’s accounts and make their views known to the external Auditor who checks the Council’s book-keeping and expenditure.
• View and in most cases obtain copies of documents set out in the Council’s publication scheme.
The Council welcomes participation by its citizens in its work and welcomes interested people at its meetings.
ROLES AND FUNCTIONS OF ALL COUNCILLORS
All councillors, whatever their formal position on the council (or party political system), share common roles and responsibilities.
(a) Key Roles
All councillors will:
• collectively be the ultimate policy-makers and carry out a number of strategic and corporate management functions;
• represent their communities and bring their views into the council’s decision making process, i.e. become the advocate of and for their communities;
• contribute to the good governance of the area and actively encourage community participation and citizen involvement in decision making;
• deal with individual casework and act as an advocate for constituents in resolving particular concerns or grievances;
• balance different interests identified within the ward and represent the ward as a whole;
• participate in the governance and management of the council;
• be available to represent the council on other bodies;
• maintain the highest standards of conduct and ethics.
(b) Rights and Duties
• Councillors will have such rights of access to such documents, information, land and buildings of
the council as are necessary for the proper discharge of their functions and in accordance with the law.
• Councillors will not disclose information which is confidential or exempt without the consent of
the Council or divulge information given in confidence to anyone other than a councillor or officer
entitled to know it.
• Unless specifically authorised to do so by the Council or a Committee, a Member of the Council
shall not issue any order respecting any works which are being carried out by or on behalf of the
Council or claim by virtue of membership of the Council any right to inspect or to enter
upon any lands or premises which the Council have the power or duty to inspect or enter.
ROLE AND FUNCTION OF THE MAYOR
The Mayor is the civic head of the Council and first citizen of the Town. and will be a symbol of the Authority and an expression of social cohesion. The Mayor will have a key role in promoting the town and will act as the Town Council’s representative at official events.
The Mayor will have the statutory role to chair meetings of Full Council and, in doing so, will facilitate good decision making and promote political neutrality.
The Mayor will be elected by the Council at its Annual Meeting for the forthcoming year. The Council may elect a Mayor for a further term.
DEPUTY MAYOR
The Council will appoint a Deputy Mayor at the time the Mayor is elected, who shall assume the role of the Mayor when the Mayor is not present, or unable to fulfil that function.
Introduction
Next revision May 2019