Agenda item

To consider a report containing revisions regarding the Independent Remuneration Panel, the Health and Wellbeing Board terms of reference, the Planning Committee terms of reference and the process for considering Code of Conduct Complaints; as agreed by members of the Constitution Review Working Group. 

RECOMMENDATION: That the following changes to the Constitution, as recommended by the Constitution Review Working Group, be agreed:

1)         Chapter 2.2.3 Independent Remuneration Panel

that Rule 2.2.3 be amended as follows:

2.2.3 Independent Remuneration Panel

The Council commissions an Independent Remuneration Panel to review the Scheme of Members Allowances annually. Should there have been little or no change during the year, the Independent Remuneration Panel may decide not to undertake a full review or any review of the Scheme of Members Allowances. In such instances, the Panel will report their decision and the reason for it to Full Council.

2)         that Rule 4.4.35 Quorum be amended as follows:

“4.4.35. The quorum of the Health and Wellbeing Board shall be four. Representatives from Wokingham Borough Council and the Clinical Commissioning Group must be in attendance at each meeting.

If neither the Chairman nor Vice Chairman is present a Chairman will be elected for that meeting.  Substitute voting members for the Chairman and Vice Chairman, for that meeting will be identified prior to the meeting.”

3)        that the following be added to Rule 8.1.1 Planning Committee’s Terms of Reference and the Procedure for Appeals added as an appendix to the Constitution (Appendix A to the report):

“m)  Applications by any person in respect of a decision to designate/de-designate a building as a Building of Traditional Local Character.  This is conditional in that the application must be made within eight weeks beginning with the day on which written confirmation of the decision was issued to the relevant parties (unless a longer period is agreed by either the Chairman of the Planning Committee or the Director Customer and Localities Services.)

4)         Chapter 9.1 Process for Considering Code of Conduct Complaints

Guidelines to support the Monitoring Officer’s initial decision regarding a complaint to be added to Rule 9.1.13.4 Initial Decision of the Monitoring Officer (Appendix B to report). 

The Council considered a report, set out at Agenda pages 57 to 62, which gave details of proposed changes to the Constitution, as recommended by the Constitution Review Working Group. The proposed changes related to:

·           the annual review undertaken by the Council’s Independent Remuneration Panel;

·           the quorum for the Health and Wellbeing Board;

·           the Planning Committee’s Terms of Reference;

·           the process for considering Code of Conduct complaints.

Councillor Lindsay Ferris stated that the Liberal Democrat Group had concerns about the current operation of the Member Code of Conduct procedure and the role of the Standards Committee. Councillor Charlotte Haitham Taylor commented that the Standards Committee was properly constituted and would continue its important role in promoting high standards of behaviour with or without support from the Liberal Democrats.

Councillor Keith Baker referred to the recent handling of Code of Conduct complaints and suggested that further guidance be provided on the process for making complaint details public, specifically who “owned” the complaint.

It was proposed by Paul Swaddle and seconded Pauline Jorgensen that the proposed changes to the Constitution, set out in the report, be agreed.

On being put to the vote it was:

RESOLVED: That the following changes to the Constitution be agreed:

1)         Chapter 2.2.3 Independent Remuneration Panel

            that Rule 2.2.3 be amended as follows:

2.2.3 Independent Remuneration Panel

The Council commissions an Independent Remuneration Panel to review the Scheme of Members Allowances annually. Should there have been little or no change during the year, the Independent Remuneration Panel may decide not to undertake a full review or any review of the Scheme of Members Allowances. In such instances, the Panel will report their decision and the reason for it to Full Council.

2)         that Rule 4.4.35 Quorum be amended as follows:

“4.4.35. The quorum of the Health and Wellbeing Board shall be four. Representatives from Wokingham Borough Council and the Clinical Commissioning Group must be in attendance at each meeting.

              If neither the Chairman nor Vice Chairman is present a Chairman will be elected for that meeting.  Substitute voting members for the Chairman and Vice Chairman, for that meeting will be identified prior to the meeting.”

3)         that the following be added to Rule 8.1.1 Planning Committee’s Terms of Reference and the Procedure for Appeals added as an appendix to the Constitution (Appendix A to the report):

“m) Applications by any person in respect of a decision to designate/de-designate a building as a Building of Traditional Local Character. This is conditional in that the application must be made within eight weeks beginning with the day on which written confirmation of the decision was issued to the relevant parties (unless a longer period is agreed by either the Chairman of the Planning Committee or the Director Customer and Localities Services).

4)         Chapter 9.1 Process for Considering Code of Conduct Complaints

Guidelines to support the Monitoring Officer’s initial decision regarding a complaint to be added to Rule 9.1.13.4 Initial Decision of the Monitoring Officer (Appendix B to report).