Decision Maker: Council,
Is Key decision?: No
Is subject to call in?: No
(1) That Article 7.02 be amended as follows:
“The executive will consist of the executive Leader with a Cabinet of at least 2, but not more than 9, other Members appointed to the executive by the executive Leader. The Chairman and Vice-Chairman of Council may not be appointed to the Executive.”
(2) That a new Article 7.03(ii) be added to the Constitution as follows:
“The Leader shall be responsible for aggregating and allocating service responsibilities as he/she thinks fit, grouping those responsibilities into portfolios and allocating them to an appropriate portfolio holder. Any such allocations can be adjusted by the Leader as and when he/she thinks necessary.”
(3) That the current Article 7.03(ii) be amended to a new Article 7.03(iii) as follows:
“The Leader shall appoint one member of the Cabinet to be the Deputy Leader.”
(4) That the current Article 7.03(iii) be amended to a new Article 7.03(iv) as follows:
“The Leader shall hold office until:
(a) he/she resigns from office; or
(b) he/she is suspended from being a councillor under Part III of the Local Government Act 2000 (although he/she may resume office at the end of that period of suspension); or
(c) he/she is no longer a councillor; or
(d) he/she is removed from office by resolution of the Council in accordance with the procedure set out in Section 12.1 (b) of Council Standing Orders.
(e) the annual meeting of the Council following his/her appointment unless previously removed by resolution of the Council in accordance with the Rules. He/she shall be eligible for re-election annually, unless removed from office under (d) above. In these circumstances a period of at least 12 months from the date of the council resolution must have passed before he/she can be nominated for re-election.”
(5) That Article 7.04 be amended as follows:
“Other Cabinet Members shall hold office until:
(a) they resign from office; or
(b) they are suspended from being councillors; or
(c) they are no longer councillors; or
(d) they are removed from office by the leader who must give written notice of any removal to the proper officer (the removal will take effect two working days after receipt of the notice by the proper officer); or.
(e) they are removed from office following a vote of no confidence by Full Council following the procedure set out in Section 12.1 (b) of Council Standing Orders (as amended – see below); or
(f) they are removed from office en bloc by resolution of the Council in accordance with the Rules.
Cabinet members who are removed from office under (d) to (f) above will not be eligible for re-appointment to the Cabinet until the next Annual Meeting of Council.”
(6) That the Principles of Proportionality be amended to remove the requirement for Cabinet to be politically balanced.
(7) That the following paragraph be incorporated into the Constitution as Council Standing Order 2.2:
““The Council reserves the right to remove any councillor from a Council Committee or Sub-Committee if it considers that it is no longer in the best interests of the Council for that member to remain. Written notice of motion, giving reasons, signed by five members of the relevant parent committee must to be delivered to the proper officer not later than 7 working days from the date of the council meeting. Any such motion shall be carried only if at least two thirds of the members present at the meeting are in favour.”
(8) That the following paragraph be incorporated into the Constitution as Article 12.08(f):
'The Chief Executive is authorised to cancel, postpone or alter the date or time of a committee meeting but, before doing so, shall consult all members of the committee about the need for the change and about convenient alternative dates and times. If reasonably practicable, the Chief Officer will consult all members of a committee before setting a date and time for a special meeting of that committee.'
(9) That Council Standing Order 12.1(b) be amended as follows:
“In the case of any motion for the removal of the Leader from officer as Leader, the removal of any individual member of the executive or the removal of the members of the executive from office collectively, written notice signed by at least one quarter of the councillors must be delivered to the proper officer not later than 10 days before the date of the meeting. Any such motion shall be carried only if at least two-thirds of the members present at the meeting are in favour.”
(10) That the provision in Article 4 for Council to determine matters relating to the size of the Cabinet, the allocation of portfolio responsibilities and appointment of Members be deleted.
(11) That Council Standing Orders 1.1viii and 2v be deleted.
(12) That authority be delegated to the Chief Executive to make any further minor amendments to the Constitution arising from the recommendations, any amendments to be notified to the next meeting of the Constitution Review Working Party.
Publication date: 14/02/2007
Date of decision: 02/02/2007
Decided at meeting: 02/02/2007 - Council