Agenda item
New Constitution for North Yorkshire Council
- Meeting of Meeting Adjourned until 24 February 2023, Full Council, Wednesday, 22 February 2023 10.30 am (Item 85.)
- View the background to item 85.
Minutes:
New Constitution for North Yorkshire Council
The recommendations at pages 384 to 385 of the report (pages 14405 to
14406 of the Minute Book) were moved and seconded.
County Councillor David Chance stated that the name of the new Council
as specified in the recommendations at (i) should
read ‘The North Yorkshire Council’ and not ‘North Yorkshire Council’ as
indicted in the report, which was an error.
An amendment was moved by County Councillor Bryn Griffiths and seconded
by County Councillor Stuart Parsons, as per the Notice of Motion that was
included in the agenda for the meeting at item 16, regarding time limits for
questions and statements.
There followed a debate.
The vote was taken on the proposed amendment and the motion was
declared defeated with 36 for, 51 against and no abstentions.
An amendment was moved by County Councillor Andy Brown and seconded by
County Councillor David Noland regarding the Overview and Scrutiny Procedure
Rules at page 662 in the agenda pack.
There followed a debate at the end of which it was agreed that the
matter be referred to the Member Working Group on the Constitution for
consideration and referral back to County Council.
County Councillor Kevin Foster withdrew an amendment that had
previously been circulated to members in the Council Chamber regarding quoracy
at meetings, as at page 600 in the agenda pack.
An amendment was moved by County Councillor Andy Brown and seconded by
County Councillor Stuart Parsons regarding the appointment of Chairs of
Overview and Scrutiny Committees at page 662 in the agenda pack.
There followed a debate.
County Councillor Tim Grogan moved that the vote be taken now. This was seconded. The vote was taken
and the motion was declared carried with 72 for, 15 against and no abstentions.
The vote was taken on the proposed amendment and the motion was
declared defeated with 38 for, 47 against and 1 abstention.
An amendment was moved by County Councillor Andy Brown and seconded by
County Councillor Kevin Foster regarding the process for dealing with Motions,
as at page 608 in the agenda pack.
The vote was taken on the proposed amendment and the motion was
declared defeated with 33 for, 50 against and 2 abstentions.
County Councillor Andy Brown withdrew an amendment that had previously
been circulated to members in the Council Chamber regarding the Terms of
Reference for the Area Constituency Committees, as at page 511 in the agenda
pack.
An amendment was moved by County Councillor Andrew Murday and seconded
by County Councillor Chris Aldred regarding the Terms of Reference for the Area
Constituency Committees, as at page 509 in the agenda pack.
The vote was taken on the proposed amendment and the motion was
declared carried with 87 for, none against and no abstentions.
An amendment was moved by County Councillor Philip Broadbank and
seconded by County Councillor Steve Shaw-Wright regarding a move to the
committee system of decision making with effect from the May 2023 AGM.
The vote was taken on the proposed amendment and the motion was
declared defeated with 35 for, 51 against and 1 abstention.
An amendment was moved by County Councillor Stuart Parsons and seconded
by County Councillor Andrew Williams regarding the Area Constituency Planning
Committees have the right to elect their own Chairs and Vice Chairs.
There followed a debate.
County Councillor Andrew Lee moved that the vote be taken now. This was seconded. The vote was taken
and the motion was declared carried with 55 for, 32 against and no abstentions.
The vote was taken on the proposed amendment and the motion was
declared defeated with 40 for, 46 against and 1 abstention.
The vote was taken on the new Constitution for North Yorkshire Council,
taking in account the amendments previously agreed, and declared carried with
54 for, 33 against and no abstentions.
County Councillor Stuart Parsons requested that his vote against the
adoption of the Constitution be recorded in the minutes.
Resolved –
That, the new Constitution for the North Yorkshire Council be adopted
and that:
|
|
|
||
|
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) |
those officers listed in Article 12.06 be
appointed to the posts identified, including the Chief Executive Officer as
the Electoral Registration Officer and the Assistant Chief Executive Legal
and Democratic Services as the Deputy Electoral Registration Officer and the
Assistant Chief Executive Legal and Democratic Services be designated Proper
Officer for any other proper officer function not specified in Article 12.06; the allocation and delegation
of local choice functions and non-executive functions as set out in Part 3 of
the Constitution at Appendix 1 be approved; the proposed
council committees, their size and suggested meeting frequency be established
as set out at Appendices 2 and
3 to this report; Council makes appointments to the
Licensing and Planning Committees prior to Vesting Day; Council makes
appointments to the North York Moors National Park Authority and the
Yorkshire Dales National Park Authority prior to Vesting Day;
Council
appointments to Outside Bodies as set out in the Schedule of Appointment to
Outside Bodies in Part 3 Schedule 5 of the draft Constitution at Appendix 1 and the inclusion of the
updated Schedule of Appointments to Outside Bodies in the Constitution be approved; the Rules of Procedure set out in Part 4 of the draft Constitution at Appendix 1 be approved; the operation of
the new NYC Constitution be reviewed after one year; a delegation be made to the
Assistant Chief Executive (Legal and Democratic Services) to enable the
Assistant Chief Executive (Legal and Democratic Services) to make any further
necessary consequential or other amendments to the Constitution for North Yorkshire
Council to reflect and implement any further developments in the local
government re-organisation process prior to Vesting Day on 1 April 2023, including but not limited to: a)
the inclusion of the Members’
Allowances Scheme (and supporting guidance documents) once agreed under the
separate process; b)
the inclusion of the administrative
parts of the Constitution such as the cover page, contents page and index
once the detailed drafting of the Constitution is complete and the content
has been approved; c)
the making of any necessary textual
revisions to ensure that the separate sections of the Constitution are
consistent and work together as a whole; any specific delegation made, and any
authorisation, to officers in force immediately prior to Vesting Day shall
continue in force on and after Vesting Day, and any action taken thereunder
shall remain valid, unless and until it is superseded by a further delegation
or authorisation. The amendment proposed by County
Councillor Andy Brown and seconded by County Councillor David Noland,
regarding voting representatives on the Children and Families overview and
scrutiny committee as stated in the Overview and Scrutiny Procedure Rules, Section
4.1 (page 662 in the agenda pack), be referred to the Member Working Group on
the Constitution for consideration. The Terms of Reference in Part 2 schedule
12 of the Constitution, concerning Area Constituency Committees, is amended
from: The Constituency Committee should empower
and enable delivery of Community Area Action Plans and other local priorities
brought to its attention by Division Members, Community Networks and members
of the population. To: The Constituency Committee should empower
and enable delivery of Community Area Action Plans and other local priorities
brought to its attention by Division Members, Town and Parish Councils,
Community Networks and members of the population. |
|
|
The Chairman, County Councillor David Ireton, adjourned the meeting to
recommence at 10.30am on Friday 24 February 2023.
The meeting was adjourned at 5.00pm.
Supporting documents:
PDF 7 MB