Agenda item

To consider proposed changes to the Constitution as put forward by the Constitution Review Working Group.

RECOMMENDATION: That Council approves the following amendments to the relevant sections of the Council’s Constitution, as put forward by the Constitution Review Working Group:

1)        Rule 4.2.15 Voting - Delete the last line of the second paragraph of Rule 4.2.15;

2)        Rule 5.1.6 Deputy Executive Members

The following additional wording to be added to the first paragraph of Rule 5.1.6:

“The Leader may also remove any Member from their role as Deputy Executive Member.”

3)        Chapter 9.2 – Code of Conduct for Councillors

Guidance on Bullying and Intimidation (to be included as Appendix C to Chapter 9.2) and the following wording to be added to Rule 9.2.8.2:

“Supporting Guidance on Bullying and Intimidation can be found at Appendix C.”

4)        Chapter 9.3 – Member/Officer Protocol

Revised versions of the following documents:

·         Chapter 9.4 – Anti-Fraud and Corruption Strategy;

·         Chapter 9.5 – Whistleblowing Policy and Guidance;

·         Chapter 9.6 – Anti Bribery Policy;

·         Chapter 9.7 – Anti Money Laundering Policy;

·         Chapter 9.8 – Prosecution and Sanction Policy.

5)         Chapter 11.3 – Scheme of Delegation to Officers

A new Rule to be inserted as 11.3.6g)ii) as follows and the numbering of 11.3.6g)ii-v) amended accordingly:

“Approval of Community Asset Transfers under leases of between 14-30 years following consultation with the Executive Member for Regeneration and Communities, the Executive Member with responsibility for the relevant service area and local Ward Members.”

The Council considered proposed changes to the Constitution as set out on Agenda pages 53 to 92 relating to voting, Deputy Executive Members, the Code of Conduct for Councillors, the Member/Officer Protocol and the Scheme of Delegation for Officers.

It was proposed by Paul Swaddle and seconded by Prue Bray that the recommendations set out in the report be approved.

Tom McCann commented that in the last five years there had been over three hundred amendments to the Constitution and that it was often difficult for Members to keep up-to-date with the many changes.  He proposed that apart from urgent items, updates to the Constitution be brought to Council on an annual basis.

Paul Swaddle emphasised that many of the changes presented were necessary as a result of legislative or policy change.  Changes were being made to make the Constitution more flexible and more information was being moved to appendices.  However, this would take time.

Tom McCann proposed the following amended recommendations which were seconded by Prue Bray. 

RECOMMENDATION:

5)         Chapter 11.3 – Scheme of Delegation to Officers

A new Rule to be inserted as 11.3.6g)ii) as follows and the numbering of 11.3.6g)ii-v) amended accordingly:

“Approval of Community Asset Transfers under leases of between 14-30 years following consultation with the Executive Member for Regeneration and Communities, the Executive Member with responsibility for the relevant service area and local Ward Members.” and

6)        agrees that the Constitution Review Working Group should create a rolling one year forward plan for Constitutional changes and bring Constitutional amendments to the Council for decision only once annually, apart from urgent items.

Upon being put to the vote the amendment to the recommendations was lost.

Upon the original recommendations being put to the vote it was:

RESOLVED:  That Council approves the following amendments to the relevant sections of the Council’s Constitution, as put forward by the Constitution Review Working Group:

1)        Rule 4.2.15 Voting - Delete the last line of the second paragraph of Rule 4.2.15;

2)        Rule 5.1.6 Deputy Executive Members

The following additional wording to be added to the first paragraph of Rule 5.1.6:

“The Leader may also remove any Member from their role as Deputy Executive Member.”

3)        Chapter 9.2 – Code of Conduct for Councillors

Guidance on Bullying and Intimidation (to be included as Appendix C to Chapter 9.2) and the following wording to be added to Rule 9.2.8.2:

“Supporting Guidance on Bullying and Intimidation can be found at Appendix C.”

4)        Chapter 9.3 – Member/Officer Protocol

Revised versions of the following documents:

·         Chapter 9.4 – Anti-Fraud and Corruption Strategy;

·         Chapter 9.5 – Whistleblowing Policy and Guidance;

·         Chapter 9.6 – Anti Bribery Policy;

·         Chapter 9.7 – Anti Money Laundering Policy;

·         Chapter 9.8 – Prosecution and Sanction Policy.

5)         Chapter 11.3 – Scheme of Delegation to Officers

A new Rule to be inserted as 11.3.6g)ii) as follows and the numbering of 11.3.6g)ii-v) amended accordingly:

“Approval of Community Asset Transfers under leases of between 14-30 years following consultation with the Executive Member for Regeneration and Communities, the Executive Member with responsibility for the relevant service area and local Ward Members.”