Agenda item

To consider a report by the Head of Legal, HR and Democratic Services (copy enclosed) on the Council’s new Model Constitution.

 

A report by the Head of Legal, HR and Democratic Services (HLHRDS), which provided an update on the future adoption of a new model constitution for Wales, had been circulated previously.

 

It was explained by the HLHRDS that the Corporate Governance Committee Terms of Reference required any intended changes to the Council Constitution to be considered first before formal adoption by the Full Council.  The proposed Articles following consultation with the Constitution Working Group, Appendix 1, reflected the changes made to the Welsh Model Constitution.  The proposed draft key changes in approach in respect of those decisions delegated to officers or Members had been included as Appendix 2 with the Officer Employment Procedure Rules having been encompassed in Appendix 3.  The Members’ Schedule of Remuneration, Appendix 4, included the scheme which had been made under the Local Government (Wales) Measure 2011 with regard to Independent Remuneration Panel for Wales (IRPW) Regulations, which applied to payments made to Members and Co-opted Members of Local Authorities.  Cabinet and Officer Delegated Decisions and key Decisions, as included in the report, were outlined by the HLHRDS.

 

The Committee were informed that Council had on the 4^th November, 2014 delegated authority to the Monitoring Officer to make the necessary changes to the Constitution as a consequence of the provisions of the Local Authorities (Standing Orders)(Wales)(Amendment) Regulations 2014.  The relevant changes had been indicated in Appendix 3.  At its meeting on the 7^th July, 2015 Council endorsed a motion that travel expenses would not be paid to Members attending at meetings in the capacity of observer.  An amended Schedule of Remuneration had been included as Appendix 4.

 

The HLHRDS provided a detailed summary of the report and its Appendices and the following areas and issues were highlighted:-

 

Model Welsh Constitution, Appendix 1.

 

The HLHRDS summerised the main changes:-

 

·                 Section 2.6 - Changes to the Constitution.

·                 Section 3.3 – Getting Involved – Members.

·                 Section 4 – Responsibilities of Full Council and Standing Orders. 

Specific reference being made to:-

4.11 – Ordinary Meetings, and specific reference to 4.11.12.

4.17 – Remote Attendance.

4.18 - Questions by the Public.

4.19 - Questions by Members.

4.20 – Motions of Notice.

4.25 – Voting, and 4.25.3 Method of voting and flexibility.

4.31 – Filming and Use of Social Media During Meetings.

4.34 – Appointment of Substitute Members on Council Bodies.

·                  Section 5 – The Cabinet.

5.6 – Delegation of Functions.

·                  Section 6 – The Leader.  Reference being made to Section 4.

6.3 – Resignation, Dismissal, Disqualification and Suspension.

 

In response to a question from Mr P. Whitham, the HLHRDS confirmed that the Lay Member on the Standards Committee had been covered by the definition of a Member in 2.2 Definitions in the Constitution.

 

The HLHRDS responded to questions from the Committee in respect of the issue of sanctioning tweeting during Council meetings.

 

Delegations to Cabinet Members, Appendix 2.

 

·                 Key Matters and Non-Key Strategic Matters.

·                 Definition of a Key Decision.

·                 The process for Members delegated decisions as set out in the flowchart.

 

In reply to a question from the Chair, the HLHRDS provided details of the new approach to the default position, that all ‘non–key’ decisions would be made by individual portfolio holders and not full Cabinet, with discretion to refer to Cabinet if considered necessary.  He did explain that this would be subject to the issue in question and an element of judgement in respect of key decisions.

 

Officer Employment Procedure Rules, Appendix 3.

 

Reference was made by the HLHRDS to the Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014.  He outlined the three main changes to the previous Standing Order Regulations, as detailed in the report.

  

In reply to a question from the Chair, the HLHRDS provided details of the misconduct procedure and made reference to the contents of Section 6 of the document which related to Disciplinary Action.  He also provided confirmation that the process for implementing changes to the Constitution had not changed and reference was made to 2.6.1 of the new Model Constitution.

 

Members Schedule of Remuneration, Appendix 4.

 

The HLHRDS made reference to the Notice of Motion carried at Council in July.  He referred to the change outlined in Schedule 2 which specified that payment will not be made for travel expenses incurred by observers.

 

In reply to a request from the Chair regarding the consideration of steps to consult the wider membership of the Council on the proposed changes, the HLHRDS agreed that a report be presented to the September, 2015 meeting of the Committee detailing and addressing the other aspects of the Model Constitution.  He also agreed that a special workshop could be convened, after September, to consider aspects pertaining specifically to the Constitution.

 

RESOLVED – that Corporate Governance Committee:-

 

(a)            receives and notes the contents of the report.

(b)            agrees that a further report be presented to the Committee in September, 2015 to consider Part 2 of the Model Constitution, and

(c)            requests that a special workshop be convened, after September, to consider aspects pertaining specifically to the Constitution.

     (GW to Action)