Agenda item

To consider a report by the Monitoring Officer (copy enclosed) which sought comments and observations on the draft Constitution.

 

A report by the Monitoring Officer (MO), which provided Members with a copy of the draft Constitution for comments and observations in advance of presenting this to the Full Council at its July meeting, had been circulated previously.

 

The MO provided a detailed summary of the report and explained 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.

 

Previous reports had considered proposed amendments to the Articles of the Constitution, proposals regarding the delegation of decision making to Cabinet Members, in respect of non-key decisions, and amendments to the Officer Employment Rules and Member remuneration; the updated Officer Scheme of Delegation reflecting the changed senior officer restructure and the Protocol on Member/Officer Relations.

 

Over the past twelve months the Constitution Working Group had considered the proposed changes; prior to the Monitoring Officer reporting each step of progress to the Committee.  A number of areas had been debated including greater transparency and advance notice of decision making by either a Member or Senior Officer, in respect of certain decisions they were about to make under delegated powers; whether Members of the public should be able to put questions to the Cabinet or Full Council; limits on the timing of a meeting; the Chair signing off all legal documents under seal; substitutes on Committees and amending the protocol on Member/Officer relations.

 

A Member Workshop had been held in March, 2016 in order to introduce the wider membership to the proposed new Constitution.  The document had been attached as Appendix 1 and the MO provided a detailed summary of the following changes:-

 

·                     Extended Definition section.

·                     Section 3 sets out how members of the public can get information and get involved

·                     Section 4 Updated Policy framework

·                     Section 9 - Listed all the regulatory and other Committees, including the Joint Committees.

·                     Section 11 – sets out who were the statutory ‘Proper’ Officers of the Council and their functions and areas of responsibility.

·                     Section 12 – Finance, Contracts and Legal Matters and removing the requirement for the Chair of the Council to sign each and every contract or property transaction made under seal. 

·                     Section 13 sets out the revised Cabinet Member Scheme of Delegation and a revised Officer Scheme of Delegation.

 

The new Constitution contained the following Codes and Protocols which had remained unchanged as the consultation process confirmed that they were fit for purpose and working already:-

 

·                     Standards Committee hearings procedure

·                     Code of Conduct for Employees

·                     Role descriptions for Members

·                     Members’ Self-Regulatory Protocol

·                     Protocol for Liaison with Members

·                     Protocol on Members’ Access to Information

·                     Code of Best Practice for Councillors and Officers Dealing with Planning Matters

·                     Protocol on Role of Chair and Leader in Representing the Council

·                     Protocol and Guidance for Elected Members Appointed to Outside Bodies

 

The new Constitution also contained the following which had recently been updated and approved by the Full Council:-

 

·                     Whistleblowing Policy

·                     Contract Procedure Rules

·                     Revised Member Code of Conduct

 

The importance and relevance of a fit for purpose modern constitution had been highlighted in the report.  The Council’s Constitution Working Group, Corporate Governance Committee, SLT and the wider membership via a workshop, had been involved in the debate on the key proposals in the new constitution. 

 

Councillor S.A. Davies made reference to Page 9 of the report “getting involved - members of the public” and he emphasised the importance of Local Members being informed immediately of any issues or complaints relating to their Wards.  The MO provided details of the adopted protocol for liaison with Members, which   specified that a Member be informed of anything significant relating to their respective Ward.

 

In reply to a question from Mr P. Whitham in relation to Section 9 on Page 47 of the report, 9.2 Corporate Governance Committee, the MO explained that the Committee’s list of functions and Terms of Reference had not changed and would be incorporated.  He also confirmed that consideration be afforded to the provision of Internet links to the relevant agreed policies and documents referred to within the Constitution, to provide consistency and clarification in respect of the remit and framework of the Corporate Governance Committee within the Council generally.

 

The MO responded to concerns raised by Councillor M.L. Holland and provided confirmation that it would no longer be a requirement that the Vice Chair of the Council to be a member of the Corporate Governance Committee.  He explained that it was anticipated that the amendment would provide flexibility and assist in addressing issues relating to Member attendance at meetings.

 

During the ensuing discussion the Chair thanked the MO and Deputy MO for the work undertaken in relation to the revision of the Council’s Constitution.

 

RESOLVED – that, subject to the above comments, the Corporate Governance Committee recommends the draft Constitution, Appendix 1, for adoption by Full Council.

     (GW, LJ to Action)