Agenda item

The Monitoring Officer to submit a report to enable the Committee to consider an annual review of the Council’s Constitution and any amendments for onward referral to the Council for approval as well as note changes to the Constitution approved by the Council since November 2016.

On behalf of the Monitoring Officer, the Chief Executive

 

(a)  submitted a report (copies of which had previously been circulated to Members) to enable the Committee to consider an annual review of the Council’s Constitution and any amendments for onward referral to the Council for approval, as well as note changes to the Constitution approved by the Council since November 2016;

 

(b)  gave an overview of the report, confirming that an extensive review of the Constitution for 2017/18 had been undertaken, to ensure it was up to date.  As well as this annual review, it was current practice that any additions or changes to the Constitution be brought to this Committee’s attention as soon as these came to light;

 

(c)  highlighted

 

                     i.        an amendment at clause 11 of Appendix A1, the revised Substitute Policy, to include the wording ‘and/or the Briefing’ where Planning Site Visits were referred to

                    ii.        there were a number of Planning related and other changes

                   iii.        the proposed Calendar of Meetings 2018/19 at Appendix C of the report.

 

A Member queried if it was premature to agree the changes to the Constitution at this meeting and suggested waiting for the outcome of the forthcoming Governance Review (discussed earlier at this meeting).

 

Another Member referred to Appendix A of the report, Review of Constitution 2017/18 Items for Consideration, asking why ‘To exercise the enforcement powers and duties of the Council and Returning Officer in relation to elections’ would transfer to Policy, Finance and Administration Committee rather than to this Committee.

 

The Chief Executive suggested that the recommendation at paragraph 2.1 be amended to propose that actions set out at Appendix A of the report be considered by the informal development group (discussed earlier at the meeting), rather than approved here.  Members agreed.

 

A Member referred to the Example Attendance Register Procedure for Substitute Members, asking if a column could be added to the Register with the heading ‘Substitute for Who’.  This would remind Members to add the details to the Register.  The Chief Executive confirmed this would be fed back to the Senior Democracy Officer.

 

RESOLVED that

 

(1)  the proposed actions, as set out at Appendix A of the report be referred to the governance development group for consideration as part of the wider Governance Review.  A comprehensive set of recommendations to be considered at an ad hoc meeting of this Committee in April;

 

(2)  Appendix A1 of the report (revised Substitute Policy) be approved, subject to the following amendment at clause 11 of the Policy

 

‘If sufficient notice has been given, a Member substituting on the Planning Committee will be expected to attend the Planning Site Visit and/or the Briefing.  But the Substitute Member could still take part in the Planning Committee meeting, even if they had not attended the Planning Site Visit and/or the Briefing’

 

And

 

Appendix A2 of the report (Revised Code of Conduct for Members and officers dealing with Planning matters) be approved;

 

(3)  it be noted that any changes to the Constitution may be subject to amendment following the review of Governance arrangements as explained at paragraph 3.2 of the report;

 

(4)  the items which have been approved for inclusion in the Constitution at Council Meetings since December 2016 and which are set out at Appendix B of the report be noted;

 

(5)  Part 3 – Terms of Reference of Policy, Finance and Administration

It be noted that the Monitoring Officer has exercised his delegation to make a minor procedural and operational change to the Constitution in respect of an amendment to the existing Terms of Reference to the Policy, Finance & Administration Committee to remove the words in brackets being ‘(5 Members, politically balanced)’ at item 14 to align with the previously approved wording at Full Council on 12 December 2017;

 

(6)  the proposed Calendar of Meetings 2018 19 as at Appendix C be referred to the Annual Meeting of the Council.

 

(7)  It be noted that due to the Constitution being a living document there may be requirements for changes within the year.  Therefore as well as the annual review, items would continue to be referred to the Committee as these arise;  

 

(8)  It be noted that the Monitoring Officer has delegated authority to make amendments following legislative or other statutory changes and minor procedural and operational changes.  Such changes would be reported to the Governance Committee and subsequently the Council, as soon as practicable thereafter.