Decision details

Substantive Revisions to the Constitution

Decision Maker: Council

Is Key decision?: No

Is subject to call in?: No

Decision:

Council RESOLVED

 

(a)               that amendments be made to the Constitution as follows (amendments in bold italics):

 

Principles of Proportionality (page N-1)

Amend the First Principle to read: “Appointments to all constituent bodies of the Council (except the Standards Committee) shall be in the same proportion as the numbers in each recognised political group are to the overall membership of the Council, members independent of the main political parties being recognised as a single group for this purpose.  The nominations of the groups shall be accepted by Council (other than in the case of the Standards Committee).”

 

Delete the Second Principle.

 

Amend the first sentence of the Third Principle to: “If any political group or party withdraws from any constituent body of the Council…”

 

Amend the first sentence of the Fourth Principle to: “If any member of a constituent body of the Council resigns…”

 

Council Standing Orders

Add sub-paragraph (a) to SO7, Chairman of Meeting: “The Chief Executive or an officer nominated by him or her may preside at the election of the Chairman.

 

(b)               that the Constitution does not obstruct the Cabinet holding informal meetings;

(c)               that the Constitution Review Working Party recommend a mechanism for removing a group nomination where the nominee loses the confidence of the group or changes group allegiance during the year;

(d)               the Constitution provide for substitutes for committee meetings with full voting rights;

(e)               the Development and Conservation Control Committee should be renamed the Planning Committee;

(f)                 no formula be required for achieving “best fit” in the sizes of committees;

(g)               deciding between group nominations on outside bodies when representatives and one substitute are required be left to the groups;

(h)               no amendment to the Constitution be required to permit councillors who are not members of the relevant body to remain in a meeting when the public have been excluded, but that the chairman at the time invite members to remain where this is appropriate;

(i)                  the appropriate forum for raising concerns of a confidential or individual nature be left to the discretion of individual members;

(j)                  no further measures be required at the present time to encourage the public to ask questions;

(k)                consideration of further amendments to executive delegated powers be deferred to a later date;

(l)                  portfolio holder meetings not be open to the public;

(m)             specific functions not be delegated to the Leader other than the existing overall responsibility for travellers issues;

(n)               there be no requirement to make provision for a state of the district debate;

(o)               no decision be made on the size of the Planning Committee and that the ability to attend site visits not be mandatory for membership;

(p)               the Planning Committee not be divided into two; and

(q)               consideration of the number of portfolios be deferred pending finalisation of the officer structure.

 

Council further RESOLVED that the recommendation from the Constitution Review Working Party, “that Councillor Batchelor, with his group, prepare a paper setting out the reasons why the Council should formally recognise the existence of an opposition, and the areas of the Constitution which would be affected” be deleted.

Publication date: 28/07/2006

Date of decision: 27/07/2006

Decided at meeting: 27/07/2006 - Council

Accompanying Documents: