Agenda and minutes

Constitution Committee - Wednesday, 15th July, 2015 10.30 am

Venue: West Committee Room - Municipal Buildings, Earle Street, Crewe, CW1 2BJ. View directions

Contact: Paul Mountford  Democratic Services Officer

Items
No. Item

8.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor N Mannion.

9.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

10.

Public Speaking Time/Open Session

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting 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 or person presiding 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 are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

 

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.

 

 

Minutes:

Councillor A Moran spoke in relation to Item 6 – Proposed Changes to the Council’s Constitution expressing concern about the proposal to reduce the membership numbers on the Planning Committees and the impact upon the proportionality on other.

 

11.

Minutes of Previous meeting pdf icon PDF 26 KB

To approve the minutes of the meeting held on 18th June 2015.

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 18 June 2015 be approved as a correct record.

12.

Changes to Outside Organisations Appointments 2011-2015 pdf icon PDF 37 KB

To make appointments to the Category 2 list of outside organisations.

Additional documents:

Minutes:

The Committee considered a report on nominations to Category 2 outside organisations.

 

Category 2 appointments had been allocated to the Constitution Committee to make.  Details of the appointments being considered were detailed in the Schedule attached to the Report. 

 

Appointments would be made for the duration of the Council, which was 2015-2019, although it may sometimes be necessary or desirable for them to be reviewed during that time in order to take into account changes for vacancies that may arise.

 

RESOLVED:  That

 

1          the current approach to appointing to outside organisations be continued and the casual vacancy procedure be used in event of changes in the mid-term period.

 

2          the Schedule of Appointments attached to the Report be approved, and that the appointments run until such time as the Council’s representation is reviewed following the election of the new Council in 2019.

 

3          the appointments take immediate effect; and

 

4          notwithstanding (1) above, the Council retain the right to review the representation on any outside organisations at any time, for any reason.

 

 

13.

Proposed Changes to the Council's Constitution pdf icon PDF 347 KB

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.

Additional documents:

Minutes:

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

 

The existing Constitution had been in place since the Council’s inception in 2009, and whilst having served the Council reasonably well, was now in need of revisions. 

 

The report and appendices set out the proposed changes to the Constitution.  The Committee’s recommendations would be presented to full Council on
23 July 2015 for approval:

 

RESOLVED:

 

1.         The Chair and Vice-Chair of the Constitution Committee agree the content and format of the Procurement Engagement Form prior to it being incorporated into the Constitution.

 

2.         It is recommended to Council that:

 

1.         delegated authority be given to the Constitution Committee 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 Council subsequently being informed of the 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 full Council for approval.

 

2.         Monitoring Officer, in consultation with the Chairman and Vice-Chairman of the Constitution Committee, to make such changes to the Council’s Constitution which he/she deem to be necessary and which are:

 

·                     in the Council’s interest

·                     not major in nature

 

including, but not limited to, changes:

 

·                     amounting to routine revisions

·                     to provide appropriate clarity

·                     to correct typographical and other drafting errors

·                     to reflect new legislation

·                     to correct inconsistencies in drafting

·                     to reflect new officer structures and job titles, properly approved through Council processes.

 


 

3          in relation to the Planning Committee that:

 

(a)       the Strategic Planning Board and the Northern and Southern Planning Committees be reduced in size to 10 with a composition of 7:2:1 (Conservative: Labour: Independent) for each Board/Committee. 

 

(b)       the political group representation agreed at the Council’s Annual Meeting, and the methods, calculations and conventions used in determining this be amended to reflect the reduced memberships; and

 

(c)        that any necessary and consequential adjustments be made to the total number of committee places allocated to each political group in order to meet legislative political proportionality requirements, in consultation with the political group leaders, together with any resultant changes in committee places, and

 

(d)       the operational effectiveness be kept under review.

 

4          amendments are made to the Scheme of Delegation of Officer and Terms of Reference of the Committees, as set out in Appendix 1, and that consequential amendments are made to that Scheme of Delegation of Officer and Terms of Reference of Committees, as set out in Appendix 1 such that Certificates of Lawfulness may only be signed off under delegated powers following consultation with the Head of Legal Services and Monitoring Officer, with the additional amendments of

·         in the Strategic Planning Board Terms of Reference the deletion of “This does not include re-applications for extant schemes or detailed applications where an outline consent has been given  ...  view the full minutes text for item 13.