Agenda item

Amendments to the Council's Constitution

Minutes:

The recommendations at page 62 and 63 of the agenda pack (pages 1228 to 1229 of the Minute Book) were moved and seconded. 

 

1)   The following amendment had been proposed by Councillor Dan Sladden and was accepted by the mover of the original motion without debate  

 

         I propose an AMENDMENT to Item 6.2.c).i as follows: 

 

                i.         Motions on notice should be moved higher up the order of business, to after any questions or statements from members of the public 

 

That is, items (vii) (“motions on notice”) and (viii) (“questions or statements    from members of the public”) on p. 138 should be switched in the recommended Order of Business for Ordinary Meetings. 

 

The motivation behind this proposed amendment is to give better certainty to members of the public who wish to ask questions of or make statements to council as to the time at which they would be required to address council. This would significantly reduce disruption to their valuable workdays potentially caused by having to wait whilst council debates motions on notice for an indeterminate amount of time and enable them to leave the chamber substantially earlier should they so wish. In turn this would better encourage the public to engage directly with the council, improving transparency and accountability. 

 

Proposer – Cllr Dan Sladden 

Seconder – Cllr Bryn Griffiths 

 

2)  The following amendment was then moved by Councillor Chris Aldred and seconded by Councillor Peter Lacey 

 

a) The number of Public Meetings (Page 54). 

6.2 a) vi “no public questions or statements to be allowed at the Council meeting dedicated to the Budget and Council Plan” – This Recommendation be deleted. 

 

b) Public Questions (Page 54). 

6.2 b) i – If 6.2 a) vi (above) is deleted there is no need for 6.2.b) i and all subsequent numbering in 6.2 will need to be amended accordingly.  

6.2 b) iv. that there should be only one question or statement per individual, organisation or group in a given 6-month, period (from the point at which the initial question was asked) for the Executive and Council meetings- This Recommendation be deleted. 

6.2 b) v. that there should be no supplementary questions allowed at meetings of full Council – This Recommendation be deleted. 

6.2 b) vii. the Chair of Council can refuse to accept questions/statements submitted to full Council or refer them to other committees; Amend to read – “the Chair of Council can refer any question/statement submitted to full Council to other committees, should this be deemed more appropriate”.  

 

c) Motions 

6.2 c) iii.  that the provision in Council Procedure Rule 14 (Previous Decisions and Motions) regarding the proposer of a motion and 15 other members being able to call back something for redebate be amended to provide for a 6 month embargo on bringing matters back for review/re-debate unless there has been a substantial material change in circumstances – This Recommendation be deleted & Council Procedure Rule 14 remain as it is in the Constitution.  

 

Proposer – Cllr Chris Aldred 

Seconder – Cllr Peter Lacey. 

 

The amendment was then debated. 

 

On a vote being taken the motion was declared defeated with 33 votes for, 46 against and 7 abstentions. 

 

A vote was then taken on the substantive motion which was declared carried, with 45 votes for, 31 against and 4 abstentions. 

 

Resolved – 

 

(a)        the proposed amendments to the Constitution set out in Part A of Appendix 1 be approved; 

 

(b)        Members note the amendments to the Constitution set out in Part B of Appendix 1 to this report, made by the Assistant Chief Executive Legal and Democratic Services under his delegated powers and reported back to full Council for information; 

 

(c)        Members note the consequential amendments to the Procurement and Contract Procedure Rules as set out in Appendices 2a and 2b to this report made by the Assistant Chief Executive Legal and Democratic Services under his general delegations in Article 15.02(c) of the Constitution and specific delegated power from full Council on 15 November 2023, and reported back to full Council for information; 

 

(d)        Members note the Development Plan Committee Terms of Reference and Delegated Powers consequentially included in the Constitution and attached at Appendix 3 to this report, reported back to full Council for information; 

 

(e)        full Council agree that there be 5 full Council meetings per year, the fourth meeting to consider the Council Budget and Council Plan only and the reserve date to be used for the rest of Council business; and:  

 

i)               that for 2025, the scheduled meeting on 19 February 2025 be the additional Council meeting dedicated to the consideration of the Budget and the Council Plan and all other business normally scheduled for 19 February 2025 be moved to the reserve date of 21 February 2025; 

 

ii)              that for 2026, the meetings be spaced so that the dedicated Budget and Council Plan meeting is held in February and the other meeting held in March or April; 

 

iii)             for 2026, a reserve date should be kept for the Budget and Council Plan meeting; instead of this being on the Friday in the week of the meeting, it is recommended that the reserve date be on the following Wednesday (a week after the Budget and Council Plan Council meeting); 

 

(f)     the proposed amendments to the Council Procedure Rules set out in section 6 of this report and Appendix 4 be approved, with the amendment that items (vii) (“motions on notice”) and (viii) (“questions or statements from members of the public”) should be switched in the recommended Order of Business for Ordinary Meetings; and the Assistant Chief Executive Legal and Democratic Services be authorised to make any further amendments to the Council Procedure Rules that Members may require;  

 

(g)    the Transition (LGR) Overview and Scrutiny Committee should formally cease as of the 15 May 2024 Council meeting and that any outstanding work should be re-allocated, in liaison with Scrutiny Board, to the other overview and scrutiny committees (with the exception of matters relating to leisure); that the proposed amendments to the overview and scrutiny committee terms of reference in Article 6 of the Constitution as set out by way of tracked changes in Appendix 5b be approved; and that the Assistant Chief Executive Legal and Democratic Services be authorised to make any further consequential amendments which may be required to the Constitution; 

 

(h)    a new Housing and Leisure Overview and Scrutiny Committee of 16 Members and politically balanced (as per the other overview and scrutiny committees) be created at the 15 May 2024 Council meeting, appointments to which to be made at that meeting of full Council and the first meeting of the new overview and scrutiny committee to follow in June 2024; that the proposed amendments to the overview and scrutiny committee membership lists in Part 3, Schedule 3 of the Constitution as set out by way of tracked changes in Appendix 5c be approved; and that the Assistant Chief Executive Legal and Democratic Services be authorised to make any further consequential amendments which may be required to the Constitution; 

 

(i)     the proposed revised Terms of Reference for the Council’s Independent Remuneration Panel on Member Allowances that have been proposed by the Panel Members as set out at Appendix 7, be approved;  

 

(j)      instead of a detailed review of the Constitution post 12 months’ operation of the new authority, the current process of ongoing review by the Members’ Working Group on the Constitution be continued. 

 

Supporting documents: