Issue - meetings

Revisions to the Council's Constitution

Meeting: 16/12/2013 - Council (Item 55)

55 MATTERS REQUIRING APPROVAL BY THE COUNCIL pdf icon PDF 61 KB

To consider any recommendations of the Leader, Cabinet, Cabinet Member and Committees which require the approval of the Council. The relevant minutes or reports are attached or will be circulated; copies of the related reports can be provided for Council members on request.

 

A.  Cabinet – 10 December, 2013

 

Minute on Budget Options

Minute on Council Tax Base

(These minutes will be provided in a supplement to the Council summons)

 

B.  Report of the Independent Remuneration Panel on Members’ Allowances [Attached to the original Council Summons]

 

The Council is required to consider the recommendations of the Panel.

 

C.  Standards and Constitutional Oversight Committee – 26 November, 2013 [Attached to the original Council Summons]

 

Minute on Revisions to the Council’s Constitution and schedule 2 relating to these proposed revisions are attached.

Additional documents:

Minutes:

In accordance with Standing Order 5(2), four matters were submitted for approval by the Council (see minutes 56 to 59 post).

 

Prior to consideration of these matters Councillor Blakeley raised the matter of an email which had been sent to all Councillors from the Head of Legal and Member Services regarding the requirements of Section 106 of the Local Government Finance Act 1992 as this notice was only usually sent prior to Budget Council.

 

In response the Head of Legal and Member Services stated that Section 106 did have a wider application other than at Budget Council and it was appropriate at this time for Members to have been advised of its requirements.

 

Councillor Gilchrist asked that further information on the matter be provided in writing and suggested that Members should contact the Local Government Association to see what they were advising.

 

The Leader of the Council then suggested that to enable consideration of the recently circulated Conservative amendments, the meeting should be adjourned for 15 minutes.

 

The Mayor adjourned the meeting at 6.30pm for 15 minutes

 

The meeting resumed at 6.45pm


Meeting: 26/11/2013 - Standards and Constitutional Oversight Committee (Item 8)

8 Revisions to the Council's Constitution pdf icon PDF 93 KB

The report of the Strategic Director – Transformation and Resources is attached, together with Appendix 1 (Proposed changes to the Constitution to be approved under the Standards and Constitutional Oversight Committee powers)

 

Appendix 2 (Proposed changes to the Constitution to be recommended to Council) will be circulated separately.

Additional documents:

Minutes:

A report by the Strategic Director – Transformation and Resources informed the Committee that the Council’s Constitution was a ‘living document’ which needed to be kept under review to reflect changes in the Council and changes in the way the Council delivered services and went about its business. Regular reviews were necessary to:

 

·  ensure the Constitution remained relevant and effective;

·  identify changes required to ensure clarity and consistency; and

·  provide an opportunity for the Council’s constitutional arrangements to be continuously improved.

 

The Committee was responsible for keeping the Council’s Constitutional arrangements under review.  It could make minor changes to the Constitution as it considered appropriate and make recommendations on possible changes to the Council.  Any changes made should be made in order to better achieve the purposes set out in Article 1 of the Council’s Constitution.

 

The Director’s report informed that the Monitoring Officer had carried out a preliminary review of the Constitution under his delegated powers and minor changes were required to address for example simple continuity issues, changes/corrections to officer titles and other names.

 

The report also set out proposals to amend the Council’s Constitution by the Committee itself or to recommend approval to the Council to ensure that the Constitution remained effective. The Monitoring Officer’s review had centred on addressing continuity, updating titles of bodies and officers, updating references to legislation, and addressing specific operational issues that had been identified.  There were two Schedules appended to the report.  Schedule 1 contained proposed amendments to the Constitution that were considered to be of a minor nature, and therefore approval of those changes fell within the remit/authority of the Committee.  Schedule 2 contained other proposed amendments to the Constitution that it was considered should be approved by Council.

 

The report contained the history and background to the review work carried out, detailed issues for the Committee’s consideration and set out a summary of proposed key amendments in respect of:

 

·  The Council’s Procedural Rules;

·  Constituency Committees;

·  The Standards and Constitutional Oversight Committee’s Terms of Reference;

·  Schemes of Delegation; and

·  The Call-in Procedure.

 

The Committee noted that it was intended that a whole scale review of the Constitution would commence in early January 2014.  A Members’ survey would be undertaken as part of this exercise which would canvass the views of all Members on, not only the effectiveness of the current Constitutional arrangements, but also on what each Member considered could/should be improved. The outcome of this review together with recommendations/proposals on changes to the Council’s Constitution would be reported back to this Committee and/or to the Cabinet for consideration. 

 

Councillor L Fraser moved the following Motion which was seconded by Councillor C Blakeley:

 

  ‘If the Committee is unable to agree any of the amendments set out in Schedules 1 and 2 to the report they be included in the consultation exercise to be undertaken with Members in early January 2014.’

 

Councillor R Abbey reported that it was his understanding that the Schedules contained interim measures to be taken to  ...  view the full minutes text for item 8