Agenda item

Council assembly is asked to consider changes to the constitution as recommended by the constitutional steering panel.

(See pages 55 – 155 of the main agenda)

 

This report was considered after the guillotine had fallen, therefore in accordance with council assembly procedure rule 1.12 (3) & (4), the report was afforded up to a maximum of 15 minutes.

 

There were three question on the report, the written responses to which were circulated on yellow  paper at the meeting.  Three supplemental questions were asked.  The questions and written responses will be appended to the minutes.

 

The Mayor stated that in accordance with council assembly procedure rule 2.11(2), this being an officer report, the recommendations set out in the report were deemed to have been moved and were subject to amendment only.

 

The Mayor announced she had received three amendments to the report.

 

Amendment B - to Appendix 2, page 83 – section 106 of the Town and County Planning Act 1990.  Councillor Nick Dolezal, seconded by Councillor Dan Garfield, moved Amendment B.  Following debate (Councillor Stephen Govier), Amendment B was put to the vote and declared to be carried.

 

Amendment C – protecting planning powers.  Councillor James Barber, seconded by Councillor David Hubber, moved Amendment C.  Amendment C was put to the vote and declared to be lost.

 

Amendment D – holding the leadership to account.  Councillor Tim McNally, seconded by Councillor Poddy Clark, moved Amendment D.  Amendment D was put to the vote and declared to be lost.

 

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

 

RESOLVED:

 

That the following constitutional changes be adopted by council assembly:

 

Audit and governance committee

 

1.  That the changes to the terms of reference of the audit and governance committee as set out in paragraph 28 of the report be agreed.

 

2.  That committee procedure rule 6.1 on the composition of the audit and governance committee be deleted (see paragraph 31 of the report) and it be noted that size of the committee is to be increased to seven as part of the decision on the establishment of committees and proportionality (see item 3.2, resolution 3).

 

Community councils

 

3.  That following the decisions of council assembly on 29 February 2012 relating to changes to community councils, the following constitutional changes are recommended for approval:

 

·  That the Article 8 be updated as set out in paragraph 34 of the report to reflect the change in community council boundaries and names.

 

·  That the changes to planning function/thresholds and establishment of new structure of strategic planning committee and two sub-committees as set out in paragraphs 45-50 of the report and Appendix 2 be agreed, subject to the following amendment in Appendix 2, page 83 of the report - Part 3F: Planning Committee and Planning Sub-Committees:

 

Reinstate deleted clause 2 amended as follows:

 

2.  To consider the expenditure of funds over £100,000 of strategic importance secured through legal agreements under section 106 of the Town and County Planning Act 1990, or any previous legislation.

 

·  That the addition of a cleaner greener safer revenue fund as set out in paragraph 52 of the report be agreed.

 

·  That school governor appointments be delegated to the relevant chief officer (see paragraph 53 of the report).

 

Standards committee

 

4.  That the following recommended constitutional changes to the standards committee as set out in Appendix 4 of the report be agreed:

 

·  Change to roles and functions / matters reserved of the standards committee

 

·  Part 4 – Rules – Change to procedure rules of the standards committee

 

·  Changes to scope of questions and deputations in the procedure rules for all meetings.

 

The changes in Appendix 4 will take effect from 1 July 2012, with the exception of the changes to clauses 6 and 14 of the matters reserved which take immediate effect.

 

Part 3n: Urgency committee

 

5.  That council assembly notes the role of the urgency committee between a municipal election and the annual meeting of council assembly be reviewed in light of the post-election period in 2010 and the new executive arrangements.  Officers will report to the constitutional steering panel with proposals on future urgency arrangements.

 

Part 4: Committee procedure rules concerning licensing and planning committee

 

6.  That a new rule on the use of social media in relation to members sitting on the planning and licensing committees/sub-committees, as described in paragraph 71 of the report, be agreed.

 

Part 4: Council assembly procedure rules

 

7.  That changes to the procedure rules on the themed debate as described in paragraph 73 of the report be agreed.

 

8.  That the changes to members’ questions on reports as described in paragraph 75 of the report be agreed.

 

9.  That the changes to public question time as described in paragraph 76 of the report be agreed.

 

10.  That the changes to members’ question time, questions on behalf of community councils, as described in paragraph 79 of the report be agreed.

 

11.  That a new clause be added to allow for changes to the date, time and venue of a meeting in exceptional circumstances, as described in paragraph 81 of the report.

 

12.  That the changes to length of speeches for relevant cabinet member and shadow cabinet member in relation to the annual budget report, as described in paragraph 82 of the report, be agreed.

 

13.  That the changes to the order of business in relation to deputations relating to the themed debate, as set out in paragraph 84 of the report, be agreed.

 

Part 4: Rules – Overview and scrutiny committee

 

14.  That the constitutional changes to the overview and scrutiny procedure rules as set out in paragraph 86 of the report be agreed in order to reflect a decrease in the number of scrutiny sub-committees from five to three and an amendment to the terms of reference of overview & scrutiny committee.

 

Part 4: Contract standing orders

 

15.  That the substantive changes to contract standing orders as described in paragraph 88 and as set out in full in Appendix 6 of the report be agreed.

 

Part 4: Financial standing orders

 

16.  That the substantive changes to financial standing orders as described in paragraph 91 and as set out in full in Appendix 7 of the report be agreed.

 

Part 5: Code of conduct

 

17.  That the proposed new code of conduct following the Localism Act 2011, considered by the standards committee on Tuesday 24 April 2011 (see Appendix 5 of the report) be noted.  The code will need to be amended once regulations on the “Disclosable Pecuniary Interests” are published and therefore the code will be brought to the July council assembly for adoption.

 

Part 6: Member and officer protocol

 

18.  That the changes to the member and officer protocol and the amendments suggested by the standards committee, as described in paragraphs 104-107 of the report, be agreed (see Appendix 8).

 

Part 6: Communication protocol

 

19.  That the changes to the communication protocol as described in paragraphs 108-112 of the report be agreed (see also Appendix 9).

 

Part 6: Member allowances scheme

 

20.  That it be noted that there is a separate repor t on the member allowances scheme elsewhere on the agenda.

 

Consequential changes

 

21.  That council assembly authorise officers to undertake any necessary consequential changes to the constitution as a result of the changes outlined above.