Agenda item

Review of the Constitution

The report of the Monitoring Officer is attached.

Decision:

It was RESOLVED that:

 

a)    the proposed revisions to the Constitution, in respect of executive matters, be approved.

 

b)    that the proposed revisions to the Constitution, in respect of non-executive matters be supported and recommended to Full Council for approval.

 

c)     the model scheme for public questions at Cabinet, as set out at Appendix A of the addendum report, be adopted for use by the Cabinet, for an initial twelve-months trial period.

 

d)    the model scheme for public questions at Council, as set out at Appendix A of the addendum report, be supported and recommended to Full Council for approval for an initial twelve months trail period.

 

e)    the model scheme for Opposition Groups’ questions at Cabinet, as set out at Appendix B of the officer’s report, be adopted for use by the Cabinet, for an initial twelve-month trial period.

 

f)      a definition of the leader of the main opposition group, as detailed in the addendum report, be inserted into the proposed revisions of the Constitution, and that the other references to that role in the proposed revisions be adopted with the exception of the rights to ask questions as contained within the proposed revised standing orders at Overview and Scrutiny.

 

Minutes:

The Portfolio Holder for Finance presented the report of the Monitoring Officer to provide information on the outcome of the review of, and to make recommendations for proposed revisions to the Council’s Constitution

 

It was noted that Cabinet and Council had approved a full review of the Council’s Constitution that had led to the formation of a Task and Finish Group, which had worked with the following terms of reference:

 

·       to review the accessibility, utility and usability of the current Constitution and improve it;

 

·       to review the structure of the Constitution, to improve its content, layout and flow as a practical working document;

 

·       to identify and prioritise specific areas of content and procedures for detailed review, noting that, in time, all sections will be reviewed.

 

The Portfolio Holder advised that the Task and Finish Group had considered all parts of the current Constitution with the objective with the view to making changes, which would change the Constitution from being a large static document to one, which would bring relevant material to the immediate attention of Councillors, Officers and members of the public.

 

The Portfolio Holder noted that the main changes being proposed to the Constitution included the deletion of the Articles, with relevant information from them being transferred to other parts of the Constitution, and the use of electronic links to make the constitution more accessible on electronic devices. It was also noted that workshops, which had been open to all Councillors, had been held where the proposed changes to the Constitution been shared and discussed. The Monitoring Officer had submitted an addendum report, which provided information on the feedback on the proposed changes made at the workshops.  It was noted that the feedback received from the workshops had shown broad support for the proposed model for Public Questions at Council and Cabinet, for Opposition Groups to ask questions at Cabinet and for a definition of the leader of the opposition to be included in a revised Constitution.

 

The Portfolio Holder advised that once the changes were recommended to Council and approved it would be important to keep the Constitution under review so that it would remain up to date and accessible. The Portfolio Holder thanked the Monitoring Officer and the members of the Task and Finish Group for undertaking the review of the Council’s Constitution.

 

In seconding the recommendations Councillor Mason endorsed the work of the Task and Finish Group and advised that as a result the review of the Constitution would now easier to follow and use. Councillor Edyvean was pleased that the review of the Constitution had been delivered in timely manner and thanked the Monitoring Officer for his work in supporting the review.

 

Councillor Robinson advised the revised Constitution would enable the Council to be more transparent and accessible, especially with the implementation of questions from the public at Cabinet and Council meetings and that it was important that the procedures for public speaking at meetings be reviewed after a year of implementation so the procedures could be assessed and evaluated.

 

It was RESOLVED that:

 

a)    the proposed revisions to the Constitution, in respect of executive matters, be approved.

 

b)    that the proposed revisions to the Constitution, in respect of non-executive matters be supported and recommended to Full Council for approval.

 

c)     the model scheme for public questions at Cabinet, as set out at Appendix A of the addendum report, be adopted for use by the Cabinet, for an initial twelve-month trial period.

 

d)    the model scheme for public questions at Council, as set out at Appendix A of the addendum report, be supported and recommended to Full Council for approval for an initial twelve month trial period.

 

e)    the model scheme for Opposition Groups’ questions at Cabinet, as set out at Appendix B of the officer’s report, be adopted for use by the Cabinet, for an initial twelve-month trial period.

 

f)      a definition of the leader of the main opposition group, as detailed in the addendum report, be inserted into the proposed revisions of the Constitution, and that the other references to that role in the proposed revisions be adopted with the exception of the rights to ask questions contained within the proposed revised standing orders for Overview and Scrutiny and for Cabinet.

 

Reason for decisions

 

The Borough Council has a duty to keep its Constitution up to date. The proposed revisions will also make it easier for members of the public, councillors and officers to access, and use, materials which are essential to effective and efficient democratic decision-making.

Supporting documents: