DRAFT Sandwell Metropolitan Borough Council Constitution Date: May 2025
in the Modern.Gov Library for reference purposes. Version Date of update at Council Agenda item number 1 Original version produced 13 May 2025 - 2 Meeting Date: Item No:
Part 1 - Introduction: Introduction: (Pages 7 - 14) Glossary of Terms: (Pages 15 - 28) Part 2 - Decision Making and Decision Makers: How Decisions Are Made: (Pages 29 - 32) Full Council: (Pages 33 - 66) Responsibility for Functions - Council Powers: (Pages 67 - 82) The Executive (Leader and Cabinet) (Pages 83 - 96) Key Decision Threshold: (Pages 97 - 98) Leader's Delegations to Executive and Cabinet: (Pages 99 - 108) Committees: (Pages 109 - 122) Committee Responsibilities: (Pages 123 - 164)
(Pages 165 - 176) Scheme of Delegation to Officers: (Pages 177 - 218) Management Structure: (Pages 219 - 222) Indemnities to Members and Officers: (Pages 223 - 230) Budget and Policy Framework Procedure Rules: (Pages 231 - 240) Part 3 - Scrutiny and Open Government: Scrutiny Protocol: (Pages 241 - 246) Scrutiny Procedure Rules: (Pages 247 - 264) Scrutiny Boards - Terms of Reference: (Pages 265 - 276) Access to Information - Procedure Rules: (Pages 277 - 296) Citizens' Rights: (Pages 297 - 300) Members Rights of Access to Information: (Pages 301 - 312) Part 4 - Governance and Ethics:
(Pages 313 - 336) Councillors Code of Conduct: (Pages 337 - 356) Complaints Process - Councillor Code of Conduct: (Pages 357 - 404) Employment Procedure Rules: (Pages 405 - 414) Regulatory Committees Protocols (Planning, Licensing, Gambling): (Pages 415 - 438) Protocol for Councillor and Officer Engagement with Applicants and Developers: (Pages 439 - 440) Councillors Social Media Protocol: (Pages 441 - 450) Members/Councillors Allowances Scheme: (Pages 451 - 466) Property Procedure Rules: (Pages 467 - 480) Contracts and Procurement Procedure Rules: (Pages 481 - 516) Financial Regulations: (Pages 517 - 558) Code of Governance: (Pages 559 - 580)
(Pages 581 - 582) Anti Fraud and Corruption Strategy: (Pages 583 - 594)
DRAFT Sandwell Metropolitan Borough Council Constitution Part 1 - Introduction May 2025 Page 7
The Council’s Constitution 1.1 This Constitution sets out how Sandwell Council is governed for the benefit of those who live, work and study in the borough. It explains: 1.1.1 who is responsible and accountable for its decisions; 1.1.2 how it makes decisions and delivers services; 1.1.3 how it ensures its decision making is open and transparent to public scrutiny; and 1.1.4 the standards by which its Councillors and those who work for the Council conduct themselves. 1.2 The Council will exercise all its powers and duties in accordance with the law and this Constitution. This Constitution complies with the requirements of the Local Government Act 2000 (as amended), related regulations, and government guidance. 1.3 The Constitution’s purpose is to: 1.3.1 enable the Council to provide visible, accountable, and effective leadership; enable the Council’s decisions to be lawful and deliver best value having regard to its legal duties policies, procedures and ethical standards; 1.3.2 create an effective system of checks and balances on the exercise of the Council’s decision-making powers; 1.3.3 promote transparency and open decision-making including the provision of clear and lawful reasons when decisions are made in private, or documents are not available to the press and public; 1.3.4 help Councillors to effectively represent and support their constituents and the wider borough; 1.3.5 encourage the involvement of citizens in local authority decision-making; and 1.3.6 allow Officers to make decisions to ensure the most effective delivery of services and efficient and effective use of the Council’s resources. Page 8
Overview of the Council 2.1 Composition 2.2 The Council comprises of 72 councillors (also called ‘Elected Members,’ or ‘Members’) for a term of office of four years. The Council elects by thirds over a 4year cycle. This means that in years 1 through 3 of the cycle, 1 Councillor for each Ward is subject to election. No elections are held in year 4 of the cycle. 2.3 A Councillor’s term of office starts and ends on the fourth day after they are elected. Sandwell’s Councillors represent 24 Wards across the borough covering each of the six towns. Each Ward has three Councillors. Each Councillor represents a roughly equivalent number of electors. 2.4 If a Councillor resigns, or leaves office for another reason a by-election is held to fill the casual vacancy in accordance with a statutory procedure, unless it is within six months of the next ordinary elections and, if so, the casual vacancy will be filled at those elections. 2.5 The Role of Councillors 2.6 All Councillors will: 2.6.1 make decisions collectively, as part of a member body or individually where they are reserved for Councillor decision; 2.6.2 represent the Council and its interests on other bodies; 2.6.3 maintain the highest standards of conduct and ethics in the Council and ensure they do not participate in decisions or influence decisions, where the Council’s Code of Conduct or the law prohibits participation; 2.6.4 contribute to the good governance and high ethical standards of the borough as a whole; 2.6.5 be a community leader, actively encouraging community participation and citizen involvement in decision-making; and 2.6.6 effectively represent the interests of their ward and of individual constituents including those who did not vote for them. 2.7 Councillors are democratically accountable to the residents of their Ward alongside their other Ward Councillors. The overriding duty of Councillors is to the whole Page 9
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