Issue - meetings

Revisions to the Constitution

Meeting: 25/01/2007 - Council (Item 10)

Revision to Article 14 - Common Seal of the Council (Constitution Review Working Party, 12 January 2007)

The Constitution Review Working Party RECOMMENDED TO COUNCIL that the last sentence of Article 14.05 be amended as follows:

 

“The affixing of the Common Seal will be attested by the Chief Executive.”

Decision:

Council RESOLVED that the last sentence of Article 14.05 be amended as follows:

 

“The affixing of the Common Seal will be attested by the Chief Executive or his nominee.”

Minutes:

Council RESOLVED that the last sentence of Article 14.05 be amended as follows:

 

“The affixing of the Common Seal will be attested by the Chief Executive or his nominee.”


Meeting: 25/01/2007 - Council (Item 10)

REVIEW OF THE CONSTITUTION


Meeting: 27/07/2006 - Council (Item 7)

REVISIONS TO THE CONSTITUTION (CONSTITUTION REVIEW WORKING PARTY 13 JULY 2006)

Decision:

RESOLVED that names be recorded for all decisions taken under item 7. 

Minutes:

Councillor CR Nightingale requested that a recorded vote be taken on all revisions to the Constitution.  On a show of hands, more than six members supported this request and Council RESOLVED that names be recorded for all decisions taken under item 7. 


Meeting: 27/07/2006 - Council (Item 7)

7 Substantive Revisions to the Constitution pdf icon PDF 126 KB

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  ...  view the full decision text for item 7

Minutes:

Before the consideration of this item a brief electrical failure arising from a lightning strike caused the computer recording the names to restart.  The numbers reported in the minutes are those which were displayed in the Council Chamber at the time of the meeting.  Members have been asked to state how they voted on each resolution and the names received have been published accordingly.  Members who have not responded or who have not provided specific answers are:

·                      Dr SA Harangozo

·                      Mrs CA Hunt (has confirmed only that she voted the same way as RJ Turner)

·                      CR Nightingale

·                      RJ Turner (has confirmed only that he voted the same way as Mrs CA Hunt)

 

Principles of Proportionality and Council Standing Orders

 

It was confirmed that a recorded vote would be taken only if any members objected to a proposal.  With no members voting in opposition, 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; and

 

(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.

 

Formal Recognition of an Opposition

 

Councillor RF Bryant, Chairman of the Constitution Review Working Party, explained that the Working Party had asked the Liberal Democrat group to justify in writing why the Council should recognise formally in the Constitution the existence of an opposition.  Councillor Mrs VG Ford spoke against the recommendation, and commented on the amount of officer time involved in conducting separate briefings for portfolio holders, Scrutiny and Overview Committee monitors and opposition spokesmen.  The Executive Director confirmed the intention that officer time was not expended on this report.

 

Councillor RB Martlew explained that he had suggested at the Working Party meeting the possibility of special responsibility allowances for opposition members, but that this had been a comment rather than proposal.  Councillor Mrs EM Heazell reminded members that the Council might not  ...  view the full minutes text for item 7


Meeting: 27/07/2006 - Council (Item 7)

7 Revisions to the Constitution - Standards Committee (Article 9) pdf icon PDF 123 KB

Decision:

Council RESOLVED that Article 9 of the Constitution – Standards Committee be amended as follows (amendments in bold italics):

 

(a)               Article 9.01, the Committee:

“The Council will establish and maintain a Standards Committee.  Under the regulations, Standards Committees are not subject to the political balance requirements of sections 15-17 of the Local Government and Housing Act 1989.  This is to allow the Standards Committee to be seen as being above party politics and comprised of representatives that command the support of the whole authority, regardless of party political loyalties.  The Standards Committee should include representatives from all groups represented on the council and should be constituted to ensure that no one political group dominates.

 

(b)               Article 9.02(a), Composition:

“The Standards Committee will be composed of at least:

 

6 councillors, excluding members of the executive, (council members)

4 persons who are not councillors or officers of the council or any other relevant body (independent members)

3 members of parish councils in the Council’s area (parish members);

 

At least 25% of the members of the Standards Committee must be independent members.

 

(c)               Article 9.02(b), Council Members:

The Council will appoint the Council Members.”

 

(d)               Article 9.02(c), Independent Members, second bullet point:

“Their appointment shall be ratified by Council on the recommendation of the appointments panel of the Standards Committee, its size and composition to be determined by the Committee Chairman in consultation with the Monitoring Officer.”

Minutes:

The Deputy Monitoring Officer confirmed that, in the context of the Standards Committee, “independent member” did not refer to a member of the Independent Group on the Council, but to a person who did not belong to any political party and who was not a councillor or an officer of the council or any other relevant body.  The description of other “relevant bodies” was defined in statute and Councillor NCF Bolitho felt that the definition in full should be included in the Constitution.  There were no legal restrictions on political group membership of parish members of the Standards Committee.

 

Article 9.01: The Committee

 

Councillor TJ Wotherspoon, seconded by Councillor Mrs HM Smith, proposed that the last sentence of the first paragraph of the recommendation be deleted.  Councillor A Riley, seconded by Councillor Mrs DP Roberts, proposed that the last sentence be amended to read, “The Standards Committee should include representatives from all groups represented on Council…”.  Councillor Wotherspoon expressed his support for this amendment and WITHDREW his proposal.

 

On the proposal of Councillor A Riley, seconded by Councillor Mrs DP Roberts, Council RESOLVED that Article 9.01 of the Constitution be amended as follows (amendments in bold italics):

 

(a)               “The Council will establish and maintain a Standards Committee.  Under the regulations, Standards Committees are not subject to the political balance requirements of sections 15-17 of the Local Government and Housing Act 1989.  This is to allow the Standards Committee to be seen as being above party politics and comprised of representatives that command the support of the whole authority, regardless of party political loyalties.  The Standards Committee should include representatives from all groups represented on the Council and should be constituted to ensure that no one political group dominates.

 

The voting was as follows:

 

For the recommendations:

RE Barrett

Mrs JM Guest

CR Nightingale

Mrs PM Bear

R Hall

EJ Pateman

AN Berent

Dr SA Harangozo

A Riley

NCF Bolitho

Mrs SA Hatton

Mrs DP Roberts

RF Bryant

Mrs EM Heazell

NJ Scarr

EW Bullman

JA Hockney

Mrs HM Smith

BR Burling

MP Howell

Mrs DSK Spink

TD Bygott

Mrs CA Hunt

JH Stewart

NN Cathcart

SGM Kindersley

RT Summerfield

Mrs PS Corney

RMA Manning

RJ Turner

NS Davies

RB Martlew

Dr SEK van de Ven

Mrs SJO Doggett

MJ Mason

JF Williams

SM Edwards

RM Matthews

TJ Wotherspoon

Mrs SM Ellington

DC McCraith

NIC Wright

Mrs VG Ford

 

43

 

Against, abstained or not voted:

 

 

0

 

Article 9.02(a): Composition

 

The Chairman confirmed that the wording of the recommendation to increase council membership to “at least 6” was chosen to allow flexibility to reflect the future political make-up of the Council.  It was noted that the wording could allow flexibility in the current situation.

 

With no members voting in opposition and there being agreement that a recorded vote was consequently not necessary, Council RESOLVED that Article 9.02(a) of the Constitution be amended as follows (amendments in bold italics):

 

(b)               “The Standards Committee will be composed of at least:  ...  view the full minutes text for item 7


Meeting: 27/07/2006 - Council (Item 7)

7 Textual Revisions to the Constitution pdf icon PDF 158 KB

As some of the recommendations of the Working Party are being held for further deliberation for operational reasons, Council is asked, in addition to the recommendations of the Working Party in the attached report, to approve the following so that there are no problems in the operation of officer delegated powers in the interim:

 

“The Chief Executive may delegate any of his powers, functions and responsibilities in whole or in part that are capable of delegation to such other suitably experienced and qualified officer as he may think fit -but shall remain accountable and may himself continue to exercise or share those powers functions or responsibilities.”

Decision:

Council RESOLVED that, in the interim until further amendments are made to the Constitution, “the Chief Executive may delegate any of his powers, functions and responsibilities in whole or in part that are capable of delegation to such other suitable experienced and qualified officer as he may think fit – but shall remain accountable and may himself continue to exercise or share those powers, functions or responsibilities.” 

 

Council further RESOLVED that the Constitution be amended as follows (amendments in bold italics):

 

(a)               Change references to Finance and Resources Director to Chief Finance Officer throughout except as indicated below

 

(b)               Article 6, Scrutiny and Overview Committee

 

6.01 Composition and Terms of Reference (page B-9)

Combine the first two sentences to read: “The Council will appoint a Scrutiny and Overview Committee comprising between 14 and 16 councillors."

 

(c)               article 11: joint arrangements

 

11.02(d) Joint Arrangements (page B-18)

Delete “if the Council approves” and insert “…where the joint committee has functions for a part only of the district, smaller than two-fifths of the district by area or population. In such cases the executive may appoint any councillor who is a member for a ward which is wholly or partly contained in the relevant area.

 

In this case political balance requirements do not apply.

 

11.04(a)Delegation to and from other local authorities (page B-18)

Add “non-executive” before “functions”

 

11.05Contracting Out (page B-19)

Add “Council or” before “executive”; and “their respective” before “functions”

 

(d)               RESPONSIBILITY FOR EXECUTIVE FUNCTIONS:

 

Table 2A (page C-9) and Table 2B, Executive Delegations by Portfolio (page C-17)

Combine Resources and Staffing and Information and Customer Services portfolios

 

Table 2B

Staffing Matters No 3 (page C-11)

Amend so that Portfolio Holder approves pay awards or allowance adjustments within budget provision; Cabinet recommends to Council if they fall outside budget provision.  The Chief Executive could approve the implementation of national allowance adjustments provided they are within budget.

 

Financial matters7 (page C-12)

Delete detailed reference to Rule 5, Budget and Policy Framework Rules and insert “See Rule 5…

 

Housing  (page C-18)

To delegate to officers, on a permanent basis, the following delegated powers of the Housing Portfolio Holder:

No 65

Management Transfers

Housing Services Manager

 

Assignment of tenancies

Housing Services Manager

 

Discretionary points award outside normal allocations policy

Housing Advice and Options Manager

 

Table 3

Pending a further review of officer delegated powers, insert the table agreed by Cabinet on 9 June 2005 for powers delegated to officers in relation to the provisions of the Anti-Social Behaviour Act 2003 for high hedges.

 

(e)               COUNCIL STANDING ORDERS

1.1 Annual Meeting – Timing and Business (page D-2)

Delete item (x) “approve a programme of ordinary meetings of the Council for the year;”

 

2 Ordinary Meetings (page D-4)

Amend first sentence to:

“Ordinary meetings of the Council will take place in accordance with a programme agreed by Council.” (i.e. delete “decided at the Council’s annual meeting”)

 

6 Notice of Summons (page D-4)  ...  view the full decision text for item 7

Minutes:

The recommendations of the Constitution Review Working Party for textual revisions to the Constitution were presented and, in response to a question from Councillor RT Summerfield, the Executive Director confirmed that some recommendations had been deferred while senior management and Human Resources resolved any outstanding contractual issues following amendments to delegation and reporting lines.  The recommendations would come before Council in due course.

 

Council RESOLVED that, in the interim until further amendments are made to the Constitution, “the Chief Executive may delegate any of his powers, functions and responsibilities in whole or in part that are capable of delegation to such other suitable experienced and qualified officer as he may think fit – but shall remain accountable and may himself continue to exercise or share those powers, functions or responsibilities.” 

 

Council further RESOLVED that the Constitution be amended as follows (amendments in bold italics):

 

(a)               Change references to Finance and Resources Director to Chief Finance Officer throughout except as indicated below

 

(b)               Article 6, Scrutiny and Overview Committee

 

6.01 Composition and Terms of Reference (page B-9)

Combine the first two sentences to read: “The Council will appoint a Scrutiny and Overview Committee comprising between 14 and 16 councillors."

 

(c)               article 11: joint arrangements

 

11.02(d) Joint Arrangements (page B-18)

Delete “if the Council approves” and insert “…where the joint committee has functions for a part only of the district, smaller than two-fifths of the district by area or population. In such cases the executive may appoint any councillor who is a member for a ward which is wholly or partly contained in the relevant area.

 

In this case political balance requirements do not apply.

 

11.04(a)Delegation to and from other local authorities (page B-18)

Add “non-executive” before “functions”

 

11.05Contracting Out (page B-19)

Add “Council or” before “executive”; and “their respective” before “functions”

 

(d)               RESPONSIBILITY FOR EXECUTIVE FUNCTIONS:

 

Table 2A (page C-9) and Table 2B, Executive Delegations by Portfolio (page C-17)

Combine Resources and Staffing and Information and Customer Services portfolios

 

Table 2B

Staffing Matters No 3 (page C-11)

Amend so that Portfolio Holder approves pay awards or allowance adjustments within budget provision; Cabinet recommends to Council if they fall outside budget provision.  The Chief Executive could approve the implementation of national allowance adjustments provided they are within budget.

 

Financial matters7 (page C-12)

Delete detailed reference to Rule 5, Budget and Policy Framework Rules and insert “See Rule 5…

 

Housing  (page C-18)

To delegate to officers, on a permanent basis, the following delegated powers of the Housing Portfolio Holder:

No 65

Management Transfers

Housing Services Manager

 

Assignment of tenancies

Housing Services Manager

 

Discretionary points award outside normal allocations policy

Housing Advice and Options Manager

 

Table 3

Pending a further review of officer delegated powers, insert the table agreed by Cabinet on 9 June 2005 for powers delegated to officers in relation to the provisions of the Anti-Social Behaviour Act 2003 for high hedges.

 

(e)               COUNCIL STANDING ORDERS  ...  view the full minutes text for item 7