Agenda item

Report of the Executive Director, Resources and Governance

The Executive Director, Resources and Governance, submitted a report (previously circulated) which invited members to approve of an update to the Council’s Constitution.

This report was introduced by the Assistant Director, Law and Governance, and outlined an intention to amend the Constitution in order to better facilitate the work of the Council’s committees.

It was proposed to amend the constitution to reflect changes to senior management roles and address the appointments to a number of Proper Officer and Statutory Officer roles.

It was also recommended to amend Paragraph 1 (f) of the Council Procedure Rules to enable the appointment of Chairs and Vice-Chairs at the Annual Meeting of the council.

Councillor Harker moved this recommendation, as per Paragraph 4 of the report, before outlining the proposed procedure of Chairing to be elected at the Annual Meeting of the Council. This was seconded.

There were two submitted amendments to the Constitution update. The first was submitted by Councillor Dulston, which was seconded:

“I MOVE that Paragraph 4 (a) be amended to read ‘the updates and changes to the Constitution as detailed in this report, with the exception of the proposed amendment outlined in Paragraph 27 of the submitted report (to amend paragraph 1 (f) of the Council Procedure Rules to enable the appointment of Chairs and Vice-Chairs at the Annual Meeting of the Council), be approved, and that paragraph 4 (b) remain as is. The Amendment would then read:

4 (a) The updates and changes to the Constitution as detailed in this report, with the exception of the proposed amendment outlined in Paragraph 27 of the submitted report (to amend Paragraph 1 (f) of the Council Procedure Rules to enable the appointment of Chairs and Vice-Chairs at the Annual Meeting of the Council), be approved;

(b) The Monitoring Officer is delegated to update the Constitution to reflect the changes identified.”

A vote was taken on this Amendment, and the Amendment was rejected.

The second amendment was submitted by Councillor Snedker, which was seconded:

“Replace Paragraph 27 of Item 7a with:

It is therefore proposed to amend Paragraph 2 of the Council Procedure Rules to enable the appointment of Chairs and Vice-Chairs at the Annual Meeting of the Council.

2. At the Annual Meeting, the Council will :-

a. Appoint to those Committees established in accordance with the political balance rules; and

b. Members of each Committee to appoint the Chairs and Vice-Chairs of the Adults Scrutiny Committee, the Children and Young People Scrutiny Committee, The Communities and Local Services Scrutiny Committee, the Economy and Resources Scrutiny Committee, the Health and Housing Scrutiny Committee, the Planning Applications Committee, the Audit Committee, the Council Decision Making and Scrutiny process Working Group, and the Climate Change Committee

c. Appoint to those Committees and outside bodies (which are Council appointments).”

A vote was taken on this Amendment and the Amendment was rejected.

At the request of five Members, a Named Vote was taken of those Members present at the meeting on the Substantive Motion, and there appeared:

For the Motion: Councillors Ali, Allen, Anderson, Baker, Beckett, Coe, Cossins, Crumbie, Curry, Dillon, Garner, Harker, Haszeldine, Johnson, Kane, Layton, Mahmud, McCollom, McEwan, McGill, M Nicholson, Porter, Ray, Riley, Robinson, Roche, Storr, Wallis. (28).

Against the Motion: The Mayor, Councillors Bartch, Crudass, Mrs. Culley, Dulston, Durham, Henderson, Holroyd, Laing, Lawley, Mammolotti, Marshall, K Nicholson, Pease, Snedker.

Abstentions: Councillors Renton and Toms.

RESOLVED - (a) The updates and changes to the Constitution as detailed in this report, unless otherwise stated, be approved.

(b) The Monitoring Officer is delegated to update the Constitution to reflect the changes identified.

REASONS - The recommendations are supported to ensure that the Constitution is clear, accurate, up-to-date and fit for purpose.