Agenda item

The Director of Legal and Democratic Services presented the report and advised the Committee and Members of the public watching the broadcast that the Constitution was a live document that was continually updated.

The Committee were advised that occasionally amendments were needed to reflect changes in policy and legislation whilst others dealt with inconsistencies and presentational issues that had no effect on the agreed procedural rules. Other minor amendments were required to deal with the results of new legislation and did not require a change in Council processes.

Members heard that the changes to the Constitution fell within three broad areas, which are described as follows:-

1. Alterations made as a result of decisions of either the Council or the Executive.

2. Alterations made under the delegated powers given to the Monitoring Officer to deal with changes required as a result of legislative changes.

3. Alterations to improve the working of the Council or, to attempt to resolve ambiguities or amend typographical or drafting errors.

The following amendments were proposed under paragraph (c)

a)    Council Procedure Rules

Change of the word must to should in paragraph 76 of Council Procedure Rules

An amendment to an ordinary motion must should be submitted, in writing, 2 clear working days before the meeting and must be relevant to the motion and will either be:

(a)     to refer the matter to an appropriate body or individual for consideration or reconsideration;

(b)     to leave out words;

(c)     to leave out words and insert or add others; or

(d)     to insert or add words,

as long as the effect of (b) to (d) is not to negate the motion, or introduce a new proposal.

b)    Officer Employment Procedure Rules

Change of wording for the Appointment of Head of Paid Service to provide for the appointment to be made by Full Council or by recommendation from the Chief Officer Appointments Committee.

Appointment of Head of Paid Service

(a)    The appointment of the Head of Paid Service will be made directly by Full Council, or by an Appointment Committee. The Appointment Committee will be made up of 7 members nominated annually by the Council and will include the Elected Mayor, Deputy Mayor and the relevant portfolio holder. The appointment of the Head of Paid Service will be approved by the full Council following the recommendations of the Appointment Committee.

(b)    The full Council may only approve the appointment of the Head of Paid Service where no well-founded objection has been received from any member of the Executive, within three days of notification of the recommended candidate.

c)     Councillor Calls for Action

Insert Procedure and Guidance for Councillor Calls for Action into the Constitution.

Following the last meeting of the Constitution and Members’ Development Committee at which the next set of priorities were agreed the Director of Legal and Governance Services sought agreement on the timetable for each of the priorities to be reviewed.

It was proposed that additional meetings of the Constitution and Members’ Development Committee were scheduled to ensure that each of the priorities could be reviewed in a timely manner.  

AGREED as follows:-

a)    That the change of the word must to should in paragraph 76 of Council Procedure Rules be approved and referred to full Council

b)    That the change of wording for the Appointment of Head of Paid Service to provide for the appointment to be made by Full Council or by recommendation from the Chief Officer Appointments Committee be approved and referred to full Council

c)     That the Procedure and Guidance for Councillor Calls for Action is inserted into the Constitution be approved and referred to full Council.

d)    The timetable for each of the priorities to be reviewed was agreed

e)    Additional meetings would be scheduled to ensure that each of the priorities could be reviewed in a timely manner