Agenda item

To consider a report of the Interim Monitoring Officer on making recommendations to full Council on the adoption of Council Procedure Rules.

The Interim Monitoring Officer submitted a paper setting out proposed recommendations to Council on the Council’s Procedure Rules that will apply with effect from 1 April 2009.

It was noted that the Council would need to adopt a Constitution to take effect on 1 April 2009 to serve the purposes of a Unitary Local Authority.  Members considered a schedule of key issues identified by officers.  Some of the issues had been subject to Member comment or discussion during the Shadow Council’s life, whilst others were included by way of a reminder of key provisions of the Rules.

Members also considered an appendix that set out the current Procedure Rules with minor amendments such as the removal of references to “Shadow Council” and “Interim Monitoring Officer”.

During the debate members stressed the importance of decision-making being transparent and clarification was sought on asking questions at the Council meetings and the exercise of Chairman’s second or casting vote.  Members also referred to rule 14.2b and whether the requirement for a motion signed by at least 8 members of the Council would preclude minority Groups from seeking rescission of earlier resolutions.

RESOLVED:

(1)     Council is recommended to adopt the draft Council Procedure Rules, contained in Appendix B to the report, which will take effect on 1 April 2009, subject to the following changes:

Rule 31.6: this draft Rule to be amended to the effect that the Chairman of a Committee or Sub-Committee shall have a second or casting vote, but that he/she will not be obliged to use it.  A note will be added to the Rule indicating that, where there is an equality of votes, and where the Chairman does not use his/her second or casting vote; the motion in question will be lost.

Rule 19: this draft Rule to be amended so that the Constitution will identify the Committees and Panels in question, and their Membership sizes, but without showing the names of individual Committee/Panel Members.

Rule 19: this draft Rule to be amended to exclude reference to the Independent Remuneration Panel.

Rule 19: this draft Rule to be amended to include the Health and Adult Social Care Scrutiny Committee, together with the number of Members of it.

Rule 44.6: this draft Rule to be amended to require that, in circumstances where agreement is reached that an urgent Key Decision should not follow the requirements of Rule 44.5, notification of such decision is provided electronically to all Members of the Council.

Rule 49.1: this draft Rule to be clarified to indicate that hard copies of agenda papers will be provided to Members of committees/executive bodies.

Rule 54.1: This draft Rule to be modified to the effect that, only where suspension of a Procedure Rule is moved and carried, will the Procedure Rule be suspended.

Appendix 3, paragraph 11: the draft Appendix to be modified to provide for the mover of an amendment to have a right of reply before the mover of the original motion sums-up, as follows:

“The mover of the motion shall have a right to reply at the close of the debate on the motion, immediately before it is put to the vote. If an amendment is moved, the mover of the original motion shall have a right of reply at the close of the debate on the amendment but shall not otherwise speak on it. The mover of the amendment shall have a right of reply to the debate on his/her amendment immediately before the mover of the original motion exercises his/her right of reply at the close of the debate on the amendment.”

Appendix 5: the draft Appendix to be modified to the effect that there will be no requirement for Council to approve reserve lists of Members for each political group who will act as reserve Members for each Committee and Sub-Committee, but that any reserve Member will simply be required to notify the Chairman of the Committee or Sub-Committee at the beginning of the meeting in question.

(2)           The Interim Monitoring Officer be authorised to produce suitable wording, and to make such consequential amendments to the draft Procedure Rules as she considers are necessary to give effect to the recommended changes.