Agenda and minutes

Apologies have been received from Councillors S Hogben, D Newton and S Pochin.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

No declarations of interest were made.

In accordance with Procedure Rules Nos.11 and 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the body in question.  

Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

It is not required to give notice of the intention to make use of public speaking provision, however, as a matter of courtesy, a period of 24 hours notice is encouraged.

Sue Helliwell spoke in relation to the Protocol on Public Speaking at Planning Committees.

To approve the minutes of the meeting held on 15 July 2015

RESOLVED:

That the minutes of the meeting held on 15 July 2015 be confirmed as a correct record, subject to the following amendment:

Item 10 – resolution to be amended to include the concluding word “committees.”

Item 13 – resolution 1 be amended to read as follows:

“1         The Chair and Vice-Chair of the Constitution Committee agree the content and format of the Procurement Engagement Form.”

To review the Council’s Flag Flying Policy

The Committee considered a report on amendments to the Council’s Flag Flying Policy.

The Civic Sub Committee, at its meeting on 8 September 2015, had discussed the Flag Flying Policy and had made a number of recommendations.  These recommendations had been incorporated into a proposed revised Flag Flying Policy outlined in Appendix 1 to the report.

The Council’s current Policy had been set in 2010 and outlined those occasions when the Cheshire East Flat would be flown at half-mast. 

RESOLVED:

That the Council’s Flag Flying Policy be amended in accordance with Appendix 1 of the Report.

To consider the convening of a Special meeting of Council to appoint Honorary Aldermen and Freemen

The Committee considered a report on the appointment of Honorary Aldermen and Honorary Freemen.

Section 249 of the Local Government Act 1972 allowed local authorities to appoint both Honorary Freemen and Honorary Aldermen.  The criterion for appointment as Freemen was that an individual should be a “person of distinction” and have “rendered eminent service to the place or area.”  The criterion for appointment as Honorary Aldermen was that an individual “should have rendered eminent service to the Council as [a] past Member of the Council”.  There was no bar on an individual being both a Honorary Freeman and a Honorary Alderman.

Cheshire East Council’s policy in relation to the appointment of Honorary Aldermen was that a former Member should have served for a minimum of ten years (including service on one of the four demised authorities) and/or have served as Leader or Mayor of Cheshire East.

Twelve former Members whose service on Cheshire East and/or one of the demised authorities qualified them for appointment as a Honorary Alderman; these being:

·         David Brickhill

·         Roy Cartlidge

·         Ken Edwards

·         Wesley Fitzgerald

·         Shirley Jones

·         Frank Keegan

·         Peggy Martin

·         Brendan Murphy

·         David Neilson

·         Andrew Thwaite

·         David Topping

·         Roger West

The Leader of the Council, had indicated at a meeting of Council earlier in the year, that he wished to see a number of Members who were standing down from the Council appointed as Freemen.  These former Members had satisfied the test of having rendered eminent service to Cheshire East and were:

·         Carolyn Andrew

·         David Brickhill

·         Roland Domleo

·         Shirley Jones

·         Chris Thorley

·         David Topping

·         Steve Wilkinson

The Civic Sub Committee, at its meeting on 8 September 2015, endorsed the appointment of the former Councillors as Honorary Aldermen and Honorary Freemen.  The Local Government Act specified that both Honorary Freemen and Honorary Aldermen must be appointed at a Special Meeting of Council, with the appointment being endorsed by a two thirds majority of those Members in attendance at the meeting.  The Sub Committee was of the view that the most appropriate date for a Special Meeting of Council would be Thursday 17 December; the day of the scheduled meeting of Council. 

It was noted that Former Councillors Brickhill, Jones and Topping would be appointed to the position of Honorary Alderman and Honorary Freeman and it was suggested that the Special Meeting of Council have two ceremonies – the first to appoint Honorary Aldermen and the second to appoint Honorary Freemen.

It was suggested that as all those nominated may not be able to attend on 17 December that there should be some flexibility on the date for the Special Meeting of Council.

RESOLVED:

That a Special meeting of Council is convened to enable Honorary Aldermen and Honorary Freemen to be appointed, as proposed in paragraphs 10.5 to 10.8 of the report.

To consider a report proposing a number of changes to the Constitution, which is intended to bring benefits to the Council’s decision-making and other arrangements.

The Committee considered a report on proposed changes to the Council’s Constitution.

On 15 July 2015 a report had been brought to the Committee which proposed a number of changes to the Constitution, intended to bring benefits to the Council’s decision making and other arrangements.

The Committee decided to recommend changes contained within that report, subject to a number of amendments, to Council.  In the event consideration of those amendments by Council were deferred pending a review of the agreed changes by the Constitution Working Group.

The Constitution Working Group had duly considered the proposed changes and the report set out those changes as refined and amended in accordance with the Constitution Working Group’s recommendations.

The Constitution Working Group had also requested the inclusion of a further item to take into account the necessary changes to the Proper Officer Functions which had arisen as a result of changes in the staffing structure and officer responsibilities.  It was proposed that the ability to make these changes be delegated to the Head of Legal Services and Monitoring Officer.

The Audit and Governance Committee, on 26 June 2014, had approved an amended Whistleblowing Policy and its adoption in accordance with the Committee’s terms of reference and the amended Whistleblowing Policy had duly been inserted into the Constitution. 

The Committee considered the proposed changes outlined in the report, and agreed a number of amendments to those proposed changes:

Appendix 1 – Terms of Reference for Strategic Planning Board and Planning Committees:  Amend the wording in relation to a call in request to “However, there will be a presumption that a call in request by a local ward member will be agreed where applications are for the renewal (or extension of time) of extant, unimplemented permissions.”

Appendix 4 – Terms of Reference for Staffing Committee:  Incorporate wording in relation to Appeals to effect the following: “From 1 January 2016 training on appeals procedure (tailored in accordance with the individual Member’s existing knowledge and experience) be mandatory for Members sitting on the Staffing Appeals Sub Committee.”

Recommendation 2.5 – delete “and that the current practice of allowing the questioning of public speakers should, although the discretion of the Chair to asks questions of fact from anyone will remain.”

Recommendation 2.25 (Executive Monitoring Board – financial thresholds) – delete in entirety

RESOLVED:

It is recommended to Council that:

1          The Constitution Committee be given the delegated authority to make all changes to the Council’s Constitution which are not major, subject to the Head of Legal Services and Monitoring Officer and Chief Operating Officer (s151 Officer) agreeing that the proposed changes are not major and to Council subsequently being informed of such changes, provided that such changes as are considered by the Committee and agreed by the Head of Legal Services and Monitoring Officer and Chief Operating Officer (s151 Officer) to be major shall be referred to Council for approval.

2          The Head of Legal Services and Monitoring Officer be given delegated authority, in consultation with the Chair  ...  view the full minutes text for item 20.