Agenda item

To consider suggested changes to the constitution recommended by the constitutional steering panel.

(See pages 20 – 47 of the main agenda)

As part of the programme motion the meeting had agreed to the withdrawal of recommendation 7 of the report.

In accordance with council assembly procedure rule 2.11.1, Councillor Sarah King, chair of the constitutional steering panel, moved the revised report.

The Mayor stated that there was one amendment to the report.

Councillor David Hubber, seconded by Councillor James Barber, moved Amendment A.

Following debate (Councillors Peter John, Fiona Colley, Rosie Shimell, Nick Dolezal and Adele Morris), Councillor David Hubber made a point of order, which was noted by the Mayor.

Councillor Sarah King exercised her right of reply to the debate.

Amendment A was put to the vote and declared to be lost.

The substantive motion was put to the vote and declared to be carried.

In accordance with council assembly procedure rule 1.15.5 the following members requested that their vote against the substantive motion be recorded:

Councillors Anood Al-Samerai, James Barber, David Hubber, Ben Johnson, Maria Linforth-Hall, Jane Lyons, Eliza Mann, Hamish McCallum, Michael Mitchell, Adele Morris, David Noakes, Damian O'Brien, James Okosun and Rosie Shimell.

RESOLVED:

Report back on motions

1.  That the change to council assembly procedure rule (CAPR) 2.10.6) in respect of reporting back on motions at council assembly be agreed (see paragraph 19 of the report).

Procedural change - supplemental questions

2.  That the current practice of producing transcripts of supplementary questions and responses for members' questions, public questions and questions on reports at council assembly be replaced with the uploading of audio files on the council’s website (see paragraphs 20 - 24 of the report).

Council tax base

3.  That the changes to Part 3A: Council Assembly and Part 3B: Cabinet Role and Functions set out in paragraph 19 of the report in respect of the council tax base and the designation of this decision as an executive function be agreed (see paragraph 28 of the report).

Council assembly dates 2016/17

4.  That the list of dates for meetings of council assembly in the council calendar for the 2016/17 municipal year be agreed (see paragraphs 30 – 34 of the report):

·  Ordinary meeting – Wednesday 13 July 2016

·  Ordinary meeting / Leader’s Public Question Time – Wednesday 5 October 2016 (Note: Alternative date is Wednesday 12 October 2016, subject to venue availability)

·  Ordinary meeting – Wednesday 30 November 2016

·  Budget and council tax setting – Wednesday 22 February 2017 (Note: Statutory meeting)

·  Ordinary meeting / Cabinet Member Public Question Time – Wednesday 22 March 2017 (Notes: (1) This meeting is scheduled earlier than usual to avoid last week before school holidays; (2) Alternative date is Wednesday 15 March 2017, subject to venue availability)

·  Annual meeting – Saturday 13 May 2017 (Notes: (1) Statutory meeting; (2) Alternative date is Saturday 20 May 2017, subject to venue availability)

5.  That officers review the feasibility of holding separate leader’s public question time and cabinet member public question time events on the same evening as the remaining council assembly dates based on the experience in March 2016 and report to the constitutional steering panel.

6.  That the calendar of council meetings for the 2016/17 municipal year as shown at Appendix 1be noted, subject to the changes to standards committee, audit and governance committee and cabinet as set out in paragraphs 35 to 39 of the report be agreed.

Payment to cabinet members for loss of office

7.  That the addition of the following paragraphs to the Member Allowances Scheme in the Constitution be agreed:

“Payment to cabinet members for loss of office

49.  Members entitled to a full band 3 or full band 4 Special Responsibility Allowance (SRA) will be entitled to a payment for loss of office when they cease to be eligible for a full band 3 or 4 allowance.

50.  Members must have served at least one year in Cabinet to claim a payment for loss of office. Members are eligible to claim a payment for loss of office no more than once in any 4 year council term.

51.  The level of payment is set at 4 weeks of the full band 3 or band 4 SRA plus 1 week for every year in continuous full time service. The maximum level any member can receive is 13 weeks of the full band 3 or band 4 SRA.

52.  The Standards Committee (or its relevant sub-committee) will adjudicate on any dispute as to entitlement and any allegation of abuse, and shall be authorised to determine any reduction or withholding of a loss of office payment.

8.  That paragraph 33 of the Member Allowances Scheme in the Constitution be amended so it makes specific reference to payment to cabinet members for loss of office and reads as follows:

33.  In accordance with the Local Authorities (Member Allowances) (England) Regulations 2003, the council is required to publish details of any basic and special responsibility allowances paid to councillors during each financial year along with details of the allowances scheme which applied at that time. This statutory notice also includes details of subsistence, travel and carer’s allowance. In addition the council publishes further information regarding members’ expenses. Any payments to cabinet members for loss of office will also be published.”

Consequential changes

9.  That the proper constitutional officer be authorised to make any necessary consequential changes to the constitution as a result of the above.