Agenda item

The Executive Leader, Councillor J D Ablewhite to present the draft Constitution for adoption by the Council.

(The recommendations of the Corporate Governance Panel are included within the report of their meeting on 7th March 2016. See Agenda item 9(b)).

In conjunction with the recommendations of the Corporate Governance Panel, Minute No. 76 refers and a joint report by the Corporate Director (Services) and Managing Director, to which was attached a revised Constitution, and PowerPoint presentation (copies of which are appended in the Minute Book), Members were acquainted with details of a review of the Council’s Constitution.

Councillor J D Ablewhite expressed his gratitude for the support and extensive work of the cross party Working Group that had been convened to undertake the review. Councillor G J Bull proceeded to outline to Members the principles of the review, that included ensuring that the new Constitution was more streamlined, making it easier for the Council to do its business, simplify the Scheme of Delegation to Officers, providing clarity on the roles of Officer and Members and making it accessible to the public.

Members’ attention was drawn to the principle changes in the new Constitution that included the deletion of material and changes to responsibility for functions. In addition, changes had been made to include new rules of procedure for Committees, removal of appendices to be published on the Council’s website or used as training materials in the Members handbook.

Councillor M Francis, Chairman of the Corporate Governance Panel with responsibility for changes to the Constitution, continued with advising Members of the proposed incorporate of the Standards Committee into the new Corporate Governance Committee, with sub-committees to be convened to address matters relating to the Code of Conduct and increase in membership to 12 Members.

In concluding, Councillor Francis referred to the successful working of the cross party Constitution Review Advisory Group that had been supported by Senior Officers, Democratic Services and an external Legal Consultant.

In conjunction with the Corporate Governance Panel, Councillor Bull moved the recommendations and was duly seconded by Councillor Francis.

Councillor P D Reeve commended the large amount of work that had been undertaken on the review of the Constitution and highlighted an area for future discussion to enable the Chairmen of the Overview and Scrutiny Panels to be elected from opposition political parties. In response, Councillor Ablewhite undertook to consider this when opportunity allowed.

Arising from a question by Councillor D A Giles on the recorded vote system and the requirement for one third of those present to enable a decision to be carried in comparison to other local authorities, the Chairman undertook to provide a written response following the meeting.

It having been previously moved and seconded, it was further

RESOLVED

(a)  that the changes to the Council’s Constitution be approved as follows -

(i)  all Committees/Panels with delegated decision making to be renamed as Committees in line with Local Government Act 2000 requirements;

(ii)  the revised Scheme of Delegations as set out in Part 3 – Responsibility for Functions;

(iii)  the introduction of Committee Procedure Rules; and

(iv)  the incorporation of the Standards Committee into the Corporate Governance Panel and for Standards Committee to be a Sub- Committee of the Corporate Governance Panel.

(b)  that the Code of Financial Management be approved, with immediate effect (as contained within the Council’s Constitution at Appendix 1);

(c)  that the Code of Procurement be approved, with immediate effect (as contained within the Council’s Constitution at Appendix 1);

(d)  that the Constitution be approved and adopted with effect from the Annual Council Meeting on 18th May 2016; and

(e)  thatthe Head of Paid Services, in consultation with the Leader and Deputy Leader, be authorised to make minor editorial changes which by definition make no changes to the powers of delegations.