Agenda item

To consider recommendations to Council of Committees and other bodies in respect of the following matters:

 

a.      Committee Membership Changes (Pages

b.      Additional Functions-Head of Safer and Stronger Communities (Pages

c.      Amendments to Finance and Contract Procedure Rules (Pages

d.      Member Speaking at Planning Committees (Pages

e.      Cabinet Decision-Making Arrangements (Pages

f.        Budget and Policy Framework Procedure Rules (Pages

Consideration was given to recommendations to Council from the Governance and Constitution Committee in respect of the following matters:-

 

Committee Membership Changes

                     The Conservative Group had notified the following proposed changes to Committee places:

 

         Licensing Committee

         Replace Councillor Parker with Councillor Hardy

 

Governance and Constitution Committee

Replace Cllr Bentley with Cllr Livesley

 

Public Rights of Way Committee

Replace Cllr Rhoda Bailey with Cllr Wray

 

The Governance and Constitution Committee, at its meeting on 21 May 2009 considered a report relating to the proposed changes and recommended that Council approve them.

 

RESOLVED

 

                     That the proposed changes to Committee places be approved.

 

Additional Functions-Head of Safer and Stronger Communities

           The Governance and Constitution Committee, at its meeting on 25 June 2009, had considered a report seeking a recommendation from the Committee to Council that reference to additional pieces of legislation be added to the list contained in the Constitution, relating to matters which fell within the remit of the Head of Safer and Stronger Communities.Council was recommended to approve the recommendation.

 

RESOLVED

 

1.      That the amended list of legislation, attached at Appendix A, be added to the list in the Appendix to the “Powers and Responsibilities of Officers” (section of Part 3 of the Constitution) which would have the effect of bringing responsibility for this legislation within the remit of the Head of Safer and Stronger Communities by virtue of paragraph 25.1.2 of that Part; and

 

2.      That such consequential amendments be made to the Constitution as the Borough Solicitor considered necessary to give effect to the wishes of Council.

 

Amendments to Finance and Contract Procedure Rules

The Governance and Constitution Committee, at its meeting on 25 June 2009, had considered a report relating to proposed amendments to the Finance and Contract Procedure Rules and recommended that Council approve the proposed amendments.

RESOLVED

1.      That the amendments to the Finance and Contract Procedure Rules, set out in Appendix B attached, be approved.

 

2.      That the Borough Solicitor be authorised to continue to exercise his corrective powers with regard to the Constitution, in those cases where he considers it appropriate to do so.

 

Member Speaking at Planning Committees

The Governance and Constitution Committee, at its meeting on 21 May 2009, considered an amendment to the Constitution to apply a Planning Public Speaking Protocol to Members’ general speaking rights at Planning Board and Planning Committee meetings.

 

Procedure Rule 38 in the Constitution provided that any Member may attend

Committees to which they had not been appointed. The Member had no right to vote, but could speak with the consent of the chairman.  The Council had delegated authority to the Strategic Planning Board to adopt its own working protocols. The Board had now adopted a Protocol which gave enhanced speaking rights to a wide range of speakers who could address the Board and Committees. It was, therefore, necessary to amend the existing provisions within the Constitution relating to Member and public speaking.

 

The Committee had previously resolved to review Member and public speaking provisions in consultation with the Cabinet and Corporate Scrutiny Committee. This particular provision, however, had been approved by the Strategic Planning Board under its delegated powers and was now in operation. It was, therefore, necessary to reflect this in the Constitution.

 

The recommendations of the Governance and Constitution Committee were moved and seconded as follows:-

 

(1) That Procedure Rule 38 of the Constitution be amended to add a new paragraph 38.4: “At meetings of the Strategic Planning Board and Planning Committees,  Members’ speaking rights are subject to the protocol on public speaking entitled ‘Public Speaking Rights at Strategic Planning Board and Planning Committees (contained in Part 5 of the Constitution)”;

 

(2) That the public speaking protocol, set out in the appendix attached to the report, be added to the Constitution; and

 

(3) where practicable, Members be given priority when speaking on planning matters at meetings in order to avoid their having to wait.

 

An amendment to withdraw recommendation 3 above from the recommendations to Council was moved and seconded and declared carried.

 

  RESOLVED

 

1. That Procedure Rule 38 of the Constitution be amended to add a new paragraph 38.4: “At meetings of the Strategic Planning Board and Planning Committees, Members’ speaking rights are subject to the protocol on public speaking entitled ‘Public Speaking Rights at Strategic Planning Board and Planning Committees (contained in Part 5 of the Constitution)”;

 

2. That the public speaking protocol as set out in the appendix to the report be added to the Constitution.

 

Cabinet Decision-Making Arrangements

The Governance and Constitution Committee, at its meeting on 16 April 2009, had considered a report on proposed decision-making powers and procedures relating to individual Members of the Cabinet and recommended that Council approve an alternative approach in respect of the decision-making powers of individual Cabinet Members, as follows:-

 

That Cabinet Members should make all executive decisions in respect of their portfolio areas except:

 

(a)   Decisions already taken by Cabinet or an officer acting under delegated powers.

 

(b)   Decisions involving a departure from the Council’s Budget and Policy Framework or any Cabinet or regulatory committee policy.

 

(c)   Decisions involving expenditure or savings of £1 million or more.

 

(d)   Decisions which were significant in terms of their effect on communities living or working in an area comprising two or more wards or electoral divisions in the area of the Council.

 

(e)   Decisions which the Leader wished to be taken by full Cabinet.

 

Provided that all such decisions shall be taken in public and that regard shall be had to the advice of the Borough Solicitor by the decision-maker in interpreting these provisions.

 

On a related matter, the Council had previously resolved to include the following provision within its Constitution to exclude certain decisions from the definition of a key decision:

 

“The Council has decided that the letting of any contract by the Council’s [Business Services Officer] or the Council’s [Policy Officer], which involves the provision of services to, or the purchase of goods and services by, the Council shall be excluded from the definition of a Key Decision where such contracts relate mainly to the internal workings of the authority and do not therefore have a significant impact directly on local communities in the same way as other Key Decisions. Such contracts include advertising, library books, vehicles, consumables, food, gas, electricity and cleaning of Council premises.”

 

On further consideration, this provision was regarded as flawed and it was, therefore, recommended that it be removed from the Constitution.

 

The Cabinet on 24 March 2009 had supported the proposals and had also approved arrangements for public decision-making by individual Cabinet Members, details of which had been reported to the Committee for information.

 

 

RESOLVED

 

1.      The alternative approach in respect of the decision-making powers of individual Cabinet Members be approved;

 

2.      That the provision within the Constitution excluding the letting of certain contracts from the definition of a key decision be rescinded.

 

3.      That the Constitution amended accordingly.

 

Budget and Policy Framework Procedure Rules

                    

The Governance and Constitution Committee, at its meeting on 16 April 2009, had considered proposed procedure rules relating to the budget and Policy Framework and recommended that the draft Budget and Policy Framework Procedure Rules, attached at Appendix C, be recommended to Council for adoption and incorporation into the Constitution and that consideration be given to extending the minimum period for consultation on the budget to six weeks and the Officers be authorised in consultation with the Chairman to make a final determination on the appropriate provision in the draft Rules for recommendation to Council.

 

It was noted that the views of the Borough Treasurer and Portfolio Holder for Resources have been sought on the suggestion that the minimum period of consultation on the budget be amended from four to six weeks. While they were generally supportive of a six week consultation period in future years, it was considered that the complexity of compiling the Council's first operational budget would be better suited to a four week period for the year 2010/11. It was proposed to amend Rule 6 of the Budget and Policy Framework procedure rules to clarify “in year” changes as required by the Governance and Constitution Committee.

 

   RESOLVED

 

1.      That the draft Budget and Policy Framework Procedure Rules, as set out in Appendix C attached, be adopted and incorporated into the Constitution.