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PLYMOUTH CITY COUNCIL

By Mildred Miller,2014-04-11 06:18
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1.3 This local Code of Corporate Governance has been developed in accordance with, Observe all specific legislative requirements placed upon them,

    Code of Corporate Governance

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    TORQUAY

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    Torbay Council Constitution Code of Corporate Governance Contents Page

    What do we mean by Corporate Governance .......................................................... 5-43

    Core Principles of Good Governance ....................................................................... 5-44

    Applying the Core principles of Good Governance .................................................. 5-45

    Annual Review and Reporting .................................................................................. 5-52

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Torbay Council Constitution Code of Corporate Governance

    Torbay Council

    Code of Corporate Governance

1. What we mean by Governance

1.1 Governance is about how the Council ensures that it is doing the right

     things, in the right way, for the right people, in a timely, inclusive, open,

     honest and accountable manner.

1.2 It comprises the systems, processes and cultures and values by which the

     Council is directed and controlled and through which it accounts to,

     engages with, and leads its communities.

1.3 This local Code of Corporate Governance has been developed in

     accordance with, and is consistent with, the CIPFA/SOLACE Delivering

     Good Governance in Local Government: Framework.

1.4 Torbay Council is committed to achieving good corporate governance in

     everything it does in order to meet more effectively the needs, expectations

     and priorities of local people. In achieving good corporate governance,

     Torbay Council will:

     (a) work for and with the communities of Torbay;

     (b) exercise leadership in the community;

     (c) undertake an “ambassadorial” role to promote the well-being of Torbay;

     (d) provide accountability for service delivery at a local level;

     (e) ensure effectiveness through setting targets and managing

     performance;

     (f) demonstrate integrity in dealings with service users;

     (g) demonstrate openness and inclusivity through consulting with key

    stakeholders;

     (h) define the roles and responsibilities of members (including the Mayor)

     and officers;

     (i) ensure there is proper scrutiny and review of all aspects of performance

    and effectiveness;

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Torbay Council Constitution Code of Corporate Governance

     (j) demonstrate integrity by ensuring a proper balance of power and

     authority;

     (k) make public statements on key aspects of the Council’s risk

     management strategy;

     (l) have in place mechanisms for monitoring and reviewing effectiveness

     against ;agreed standards and targets;

     (m) display openness and inclusivity by involving all those associated with

    planning and delivering services; and

     (n) define the standards of personal behaviour that are expected from

    members (including the Mayor) and employees and all those involved in

    service delivery.

2. Core Principles of Good Governance

2.1 The Council’s seven core governance principles are:-

    a) Focusing on the purpose of the Council and on outcomes for the

    community and creating and implementing a vision for the local area;

    b) Members and Officers working together to achieve a common purpose

    with clearly defined functions and roles;

    c) Promoting values for the Council and demonstrating the values of good

    governance through upholding high standards of conduct and behaviour;

    d) Taking informed and transparent decisions which are subject to

    effective scrutiny and managing risk;

    e) Developing the capacity and capability of Members and Officers to be

    effective;

    f) Engaging with local people and other stakeholders to ensure robust

    public accountability; and

    g) Securing continuous improvement in service delivery and ensuring that

    its agreed policies, priorities and decisions are implemented on time, in

    a manner consistent with user needs and in the most effective way.

3. Applying the Core Principles of Good Governance

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Torbay Council Constitution Code of Corporate Governance

3.1 The seven core principles each contain a set of supporting principles,

    which in turn have a range of specific requirements that apply across the

    Council’s business as outlined in the following tables:

1. Focusing on the purpose of the authority and on outcomes for the

    local community and creating and implementing a vision for the local

    area

    Supporting Principles Specific requirements to: Exercising strategic leadership by Develop and promote the Council’s

    developing and clearly purpose and vision. communicating the Council’s Review on a regular basis the

    purpose and vision and its intended Council’s vision for the local area

    outcome for citizens and service and its implications for the Council’s users. governance arrangements.

    Ensure that partnerships are

    underpinned by a common vision of

    their work that is understood and

    agreed by all partners. Publish an

    annual report on a timely basis to

    communicate the Council’s activities

    and achievements, its financial

    position and performance.

Ensuring that users receive a high Decide how the quality of service for

    quality of service whether directly, or users is to be measured and make

    in partnership, or by commissioning. sure that the information needed to

    review service quality effectively and

    regularly is available.

    Put in place effective arrangements

    to identify and deal with failure in

    service delivery.

Ensuring that the Council makes Decide how value for money is to be

    best use of resources and that measured and make sure that the

    taxpayers and service users receive authority or partnership has the

    excellent value for money. information needed to review value

    for money and performance

    effectively.

    Measure the environmental impact

    of policies, plans and decisions.

2. Members and officers working together to achieve a common purpose

    with clearly defined functions and roles.

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Torbay Council Constitution Code of Corporate Governance

    Supporting Principles Specific requirements to: Ensuring effective leadership Set out a clear statement of the respective

    throughout the Council and being roles and responsibilities of the executive

    clear about executive and non-and of the executive’s members individually

    executive functions and of the and the Council’s approach towards putting

    roles and responsibilities of the this into practice. scrutiny function. Set out a clear statement of the respective

    roles and responsibilities of other Council

    Members, Members generally and of senior

    officers.

Ensuring that a constructive Determine a scheme of delegation and

    working relationship exists reserve powers within the Constitution,

    between Council Members and including a formal schedule of those matters

    Officers and that the specifically reserved for collective decision

    responsibilities of Members and of the Council, taking account of relevant

    Officers are carried out to a high legislation, and ensure that it is monitored

    standard. and updated when required.

    Make a Chief Executive or equivalent

    responsible and accountable to the Council

    for all aspects of operational management.

    Develop protocols to ensure that the Leader

    and Chief Executive (or equivalents)

    negotiate their respective roles early in the

    relationship and that a shared

    understanding of roles and objectives is

    maintained.

    Make a senior Officer (the S151 Officer)

    responsible to the authority for ensuring that

    appropriate advice is given on all financial

    matters, for keeping proper financial records

    and accounts, and for maintaining an

    effective system of internal financial control.

    Make a senior Officer (usually the

    Monitoring Officer) responsible to the

    Council for ensuring that agreed procedures

    and protocols are followed and that all

    applicable Statutes and Regulations are

    complied with.

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    Ensuring relationships between Develop protocols to ensure effective

    the Council, its partners and the communication between Members and

    public are clear so that each Officers in their respective roles. knows what to expect of the other. Set out the terms and conditions for

    remuneration of Members and Officers and

    an effective structure for managing the

    process, including an effective

    Remuneration Panel (if applicable). Ensure

    that effective mechanisms exist to monitor

    service delivery.

    3. Promoting values for the authority and demonstrating the values of good governance through upholding high standards of conduct and behaviour

    Supporting principles Specific requirements to: Ensuring Council Members and Ensure that the Council’s leadership sets a

    Officers exercise leadership by tone for the organisation by creating a

    behaving in ways that exemplify climate of openness, support and respect.

    high standards of conduct and Ensure that standards of conduct and

    effective governance. personal behaviour expected of Members

    and staff, of work between Members and

    staff and between the authority, its partners

    and the community are defined and

    communicated through Codes of Conduct

    and Protocols.

    Put in place arrangements to ensure that

    Members and employees of the Council are

    not influenced by prejudice, bias or conflicts

    of interest in dealing with different

    stakeholders and put in place appropriate

    processes to ensure that they continue to

    operate in practice.

Ensuring that organisational Develop and maintain shared values

    values are put into practice and including leadership values for both the

    are effective. organisation and staff reflecting public

    expectations, and communicate these with

    Members, staff, the community and

    partners.

    Put in place arrangements to ensure that

    systems and processes are designed in

    conformity with appropriate ethical

    standards, and monitor their continuing

    effectiveness in practice.

    Develop and maintain an effective

    Standards Committee.

    Use the organisation’s shared values to act

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    as a guide for decision making and as a

    basis for developing positive and trusting

    relationships within the Council.

    In pursuing the vision of a partnership,

    agree a set of values against which decision

    making and actions can be judged. Such

    values must be demonstrated by partners’

    behaviour both individually and collectively.

4. Taking informed and transparent decisions which are subject to effective

    scrutiny and managing risk

    Supporting principles Specific requirements to: Being rigorous and transparent Develop and maintain an effective scrutiny

    about how decisions are taken and function which encourages constructive

    listening and acting on the challenge and enhances the Council’s

    outcome of constructive scrutiny. performance overall and that of any

    organisation for which it is responsible.

    Develop and maintain open and effective

    mechanisms for documenting evidence for

    decisions and recording the criteria,

    rationale and considerations on which

    decisions are based.

    Put in place arrangements to safeguard

    Members and employees against conflicts of

    interest and put in place appropriate

    processes to ensure that they continue to

    operate in practice.

    Develop and maintain an effective Audit

    Committee which is independent of the

    executive and scrutiny functions or make

    other appropriate arrangements for the

    discharge of the functions of such a

    Committee.

    Ensure that effective, transparent and

    accessible arrangements are in place for

    dealing with complaints.

Having good-quality information, Ensure that those making decisions whether

    advice and support to ensure that for the Council or the partnership are

    services are delivered effectively provided with information that is fit for the

    and are what the community purpose relevant, timely and gives clear wants/needs. explanations of technical issues and their

    implications.

    Ensure that proper professional advice on

    matters that have legal or financial

    implications is available and recorded well in

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