Decision details

The Interim Monitoring Officer reported on potential changes to the Shadow Council’s Constitution.  During debate on the draft Constitution at the final meeting of the Joint Committee, a number of issues had been raised which it was agreed would be given further thought at a later date.  The Committee had requested a report at its last meeting on these issues. A list of the issues raised, together with comment by Officers was then considered as follows: -

• Officer Code of Conduct:  Due to the small number of employees and limited period of employment, the preparation of an officer code of conduct to cover the shadow period was not considered to be best use of resources;
• Key decisions - Use of a financial threshold: There would be very few operational decisions would be made by the Shadow Cabinet during the Shadow period and the definition in the paper was accepted as adequate. It was noted that from April 2009, £1m was the sum that would be considered as significant for the definition in (a);
• Number of Members required to call a Special meeting of Council:  It was confirmed that at least 8 members should be required to request a special meeting of the Council be called;
• Time Limit on members speaking at meetings: The existing 5 minute time limit was considered adequate;
• Council Seating Plan: Members were happy with the seating plan used at Crewe for the Council meeting on 30 July but considered the responsibility should remain with this Committee;
• Confirmation of minutes etc at Council meetings: The issue of members being allowed to question or comment on the records of decisions of Cabinet and minutes of other Committees to be put to any cabinet member, Chairman or Vice Chairman of the Committee as appropriate was considered together with a draft Constitutional provision.  Members agreed the draft provision subject to the deletion of the reference to the word “comment” so that it reads as follows:

 “ A member may ask a Cabinet member or a Committee Chairman (or in his/her absence the Vice Chairman) a question on any Record of Decision or Minute. The Cabinet Member or the Chairman or in his/her absence the Vice Chairman will respond using their reasonable endeavours to provide a response which addresses the matters raised in reply to the question as put by the Member. The provisions in Procedure Rule 11.4 in relation to replies shall also apply here. There will be no debate on any question, or response under this procedure and no further motions can be moved.

   Where a Member wishes to ask a question on any Part 2 matter before the Council, the question must be given, in writing, to the Council’s Monitoring Officer at least one hour before the start of the Council meeting.”

RESOLVED - to recommend to Council that the proposed change concerning Members rights to ask questions on Executive and Committee proceedings be adopted, subject to review in six months time.