The Committee to receive a report from the Head of Communities and Governance regarding the updated Constitution.
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 removed from Article 18 and moved to 14.3 within functions of the Monitoring Officer.
Page 50 14.3.2 the word electronically had been removed.
Page 55 15.10 it had been agreed at the last meeting that the figure for a key decision be set at £50k.
Page 59 article 17.3 (b) (3) and page 60 17.3 (d) wording added to say that ‘all changes to the constitution would be recorded, giving the date of the change and the reason for the amendment.’
Page 64 Committee structure now said every other month rather than bi monthly.
Page 78 8.10 – ‘within the agreed budget’ had been added to the end of the sentence.
Page 89 4.2 numbering error corrected from Article 12 to 15 as per revised numbering.
Page 90 6.1 numbering error corrected as above in respect of Article 15 and also a reference to 15.02.
At the last meeting of the Committee it had been agreed to remove sections 8 and 9 from the constitution. Paragraph 7.1 on page 90 was also amended as it previously made reference to sections 8 and 9.
Page 109 reference to Chair to be changed to Chairman and that this change be reflected throughout the Constitution.
Page 112 Procedure Rule 12, former paragraphs 12.1 and 12.2 had been removed and the petition scheme moved to the appendix.
Page 117 14.7 wording regarding the removal of the Leader had been changed to be consistent with the Article.
Page 124 23.1 to be discussed at agenda item 7.
Page 130, the table had been removed leaving just the list of reasons for exemption within the constitution. The remaining information had been moved to the appendix.
Page 140 27.5 wording had been removed which implied it was at the discretion of the Chairman.
Page 147 Private meetings of the Cabinet. The Head of Communities and Governance explained that she had looked at other council constitutions and found that they were all using the same wording, which was from the legislation. The Officer had spoken to the Department of Communities and Local Government (DCLG) who had confirmed that there were no plans to change legislation. The officer explained that this rule was in place to ensure that members of the public could not stop a decision being made by being disruptive. This legislation gave the opportunity to stop the meeting and if the disruption could not be stopped it allowed the meeting to carry on in private.
Discussion took place regarding other methods of stopping disruption such as calling the police, the potential for planning meetings to become disruptive and that fact that this was written in legislation.
It was AGREED that a question from the Standards Committee be put to Mel Stride MP and Neil Parish MP at their next attendance at Scrutiny.
Page 155 18f amended to reflect wording from a Motion relating to call-in so that it read ‘or any three members of the Scrutiny Committee or any four Members of the Council’ rather than ‘or any three Members of the Scrutiny Committee or four other Councillors of the Council’.
Page 157 sections 23 and 24 Councillor Call for Action had been added.
Page 158 23.3 a paragraph suggesting that call in only referred to district and not county councils had been removed.
Page 159 section 25 on crime and disorder matters had been added.
It was RECOMMENDED to Council that subject to the amendments listed above the draft Constitution be approved.
(Proposed by Cllr C R Slade and seconded by Cllr F J Colthorpe)
Note: - Report previously circulated and attached to Minutes.
Supporting documents: