Venue: Exe Room, Phoenix House
Contact: Julia Stuckey
Link: audio recording
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PUBLIC QUESTION TIME To receive any questions relating to items on the Agenda from members of the public and replies thereto.
Note: A maximum of 30 minutes is allowed for this item. Minutes: There were no members of the public in attendance. |
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To approve as a correct record the minutes of the last meeting of this Committee (attached).
Minutes: The minutes of the last meeting were noted, subject to the following:
Councillor Mrs J Roach raised a concern regarding a number of amendments that were discussed at the last meeting. It was AGREED that these amendments would be discussed at the agenda item. |
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APOLOGIES AND SUBSTITUTE MEMBERS To receive any apologies for absence and notices of appointment of Substitute Members (if any). Minutes: Apologies were received from Cllr R J Chesterton who was substituted by Cllr Mrs J B Binks and by Cllr L D Taylor. |
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CHAIRMAN'S ANNOUNCEMENTS To receive any announcements the Chairman of the Committee may wish to make. Minutes: The Chairman had no announcements to make. |
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POLICY DEVELOPMENT GROUP REVIEW (00.08.40) PDF 16 KB To receive a report (to follow) from the Head of Communities and Governance giving options for the future structure of the Policy Development Groups. Additional documents: Minutes: The Committee had before it a briefing paper * outlining proposals for an additional Policy Development Group (PDG) to cover the areas of economy, in line with the Corporate Plan.
At a meeting of the Group on 15th December 2015 the Committee had tasked that the Head of Communities and Governance undertake a review of the Policy Development Groups.
The Head of Communities and Governance outlined the contents of the briefing paper, explaining that the draft Corporate Plan contained four priorities and that these had been mirrored in the proposal. A table listing the functions of the council and which Policy Development Group would be responsible for them was attached.
The officer explained that in order that Members were not stretched too thinly across the committees a reduction in numbers on the Planning Committee from 15 to 11 and Licencing and Regulatory Committee from 15 to 12 was proposed.
The officer further explained that the additional cost of an extra Policy Development Group would be £3484 (current) for the Chairman’s Special Responsibility Allowance. Member travel expenses would be incurred but fewer members on the Planning and Licensing/Regulatory Committees would lessen the costs for those.
The Committee were advised that the new Chief Executive had been informed of the contents of the draft Corporate Plan and that he was supportive of the four priorities.
Discussion took place regarding:
· The need to include the new Chief Executive in discussions regarding the committee structure;
· The idea for an extra PDG had been raised at the Member Away Day when the Corporate Plan was discussed;
· The opportunity to review the structure to ensure that policy review and development took place;
· The need to look at other councils and how they operated their committee systems;
· Whether the reduced numbers on the Planning Committee would be practical;
· The need to have a mechanism in place that develops policy.
It was RESOLVED that the Head of Communities and Governance circulate the proposal for a fourth PDG to all Members, requesting feedback and consult the new Chief Executive before reporting back to this Committee at its next meeting.
(Proposed by Cllr Mrs J Roach and seconded by Cllr C R Slade)
Note: - Briefing Paper * previously circulated and attached to Minutes. |
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CONSTITUTION (00.43.55) PDF 141 KB The Committee to receive a report from the Head of Communities and Governance regarding the updated Constitution.
Additional documents: Minutes: The Committee had before it a draft Constitution * which had been updated by the Head of Communities and Governance to show amendments that had been agreed at previous meetings. The Officer explained that amendments that had been previously identified were listed in an index within the report.
The Committee worked through the document.
Page 23, article 1. 1.4 had been amended to indicate Article 17 rather than 14.
Page 34, article 6.2.b an 8 between ‘that and ‘Councillors’ had been missed out and would be added. This now read “The Deputy Leader of the Council together with at least three but not more than eight Councillors appointed to the Cabinet by the Leader”
Page 34 article 6.3(d), the section regarding the removal of the Leader had a paragraph added stating how this would happen.
Page 35, 6.5 should refer to appointed not elected, to be amended
Page 37 article 6.7(c) had been discussed and agreed at the last meeting that this remain in the Constitution. The change had been made.
Page 37 Article 7 had the heading Scrutiny but referred to Overview and Scrutiny within the text. Discussion took place regarding the function of the committee, the use of capital letters and whether or not the committee should be referred to as Overview and Scrutiny or just Scrutiny Committee.
It was AGREED to refer to Scrutiny Committee as the name of the Committee but the functions of that committee be described as overview and scrutiny with no capitals, describing a function rather than a name of the committee.
It was AGREED that a sentence be added to explain that at Mid Devon District Council the Scrutiny Committee carried out the function of overview and scrutiny.
Article 7 1 b to insert ‘the functions of’ at the start of the sentence so that it read ‘The functions of’.
Page 39 Article 8.1 the first two paragraphs had been removed, leaving c and d which were now re-referenced as a and b.
Page 43 10.4.(a) wording regarding breeches of the code of conduct added Page 44 10.4 (1) Inconsistency with brackets Page 44 (10) no further action if appropriate had been added
Page 44 – Caveat regarding sanctions. At the last meeting it had been agreed that the Head of Communities and Governance would discuss this matter with the new Chief Executive when he was in post. The Chief Executive was not yet in post so this had not happened.
Discussion took place regarding whether or not it was necessary to have this caveat.
It was RESOLVED that the caveat remain in the Constitution and that the Head of Communities and Governance would discuss this matter with the new Chief Executive when he was in post.
(Proposed by Cllr N V Davey and seconded by Cllr C R Slade)
Note:- Councillor Mrs J Roach requested that her vote against this be recorded.
Page 50-51 it had been agreed at the last meeting that the publication and monitoring of the constitution be ... view the full minutes text for item 13. |
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REVIEW OF MICROPHONES (1.54.17) Section 22 MEMBERS' CONDUCT of the Constitution states that Members must stand to speak at Council. The new microphone system in the Phoenix Chambers is designed for sitting.
22.1 Standing to speak When a member speaks at full Council they must stand and address the meeting through the Chairman. If more than one member stands, the Chairman will ask one to speak and the others must sit. Other members must remain seated whilst a member is speaking unless they wish to make a point of order or a point of personal explanation.
Members to agree a recommendation to amend the Constitution if they decide it more appropriate for Members to remain seated. Minutes: Section 22 Members' Conduct of the Constitution stated that Members must stand to speak at Council. However, the new microphone system in the Phoenix Chambers was designed for sitting.
Discussion took place regarding:
· The public and other Members may not be able to identify who was speaking if they could not see them;
· Members wanted to stand to show respect to the Chairman;
· Reports from Members of the public who had found it difficult to hear at a Planning Committee;
· The microphones had been purchased for all meetings, most of which would not involve standing to speak;
· County Councillors stood at meetings as well as having their faces projected onto a screen;
· The room felt cramped for Council;
· The unsuitability of the chairs which were heavy to move;
· Whether the Town Hall could be used for Council;
· The need for Members to ensure that they spoke clearly into the microphones;
· The possibility that a spare channel may allow for a boundary microphone to pick up discussion for the recording.
It was AGREED that Members would stand at the next Council meeting and that the Head of Communities and Governance would write a procedure note for Members giving instruction on how to use the microphones. The Committee would review this at the next meeting. |
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COMPLAINTS To receive an update from the Monitoring Officer with regard to any on-going complaints being dealt with. During the discussion it may be necessary to consider passing the following resolution to protect the Members of District, Town and Parish Council’s being discussed.
During discussion of this item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC
RECOMMENDED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual
Minutes: There were no complaints to report. |
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IDENTIFICATION OF ITEMS FOR THE NEXT MEETING Members are asked to note that the following items are already identified in the work programme for the next meeting: Minutes: Review of the Policy Development Groups Review of the microphones and standing at Council Training/assistance for Parish Council and what could be done to help them. |