Agenda item

Constitution Update

Report of the Executive Director of Resources and Governance.

Minutes:

The Executive Director of Resources and Governance submitted a report (previously circulated) seeking approval for a number of updates and changes to the Council’s Constitution, intended to better facilitate the work of the Council and to provide additional clarity within the Council Procedure Rules.

The Assistant Director of Law and Governance spoke to this report, and reminded Members that the Constitution set out the framework for Council decision?making and the procedures to be followed, and that periodic updates were required as a matter of good governance and housekeeping to ensure it remained clear, accurate and fit for purpose.

The report outlined proposed amendments to the Council Procedure Rules relating to the submission of questions at Council meetings. Members were informed that, due to a significant increase in the number of questions being submitted by both elected Members and members of the public, the existing deadlines of one clear working day for Members and 24 hours for the public were no longer feasible. It was therefore proposed that the deadline for all questions submitted on notice be extended to two clear working days prior to the meeting. The definition of a clear working day was explained, and Members were advised that, for an ordinary Council meeting held on a Thursday evening, questions would need to be submitted by the preceding Monday to be accepted.

Members noted that paragraph 15 of the Council Procedure Rules would be amended accordingly to reflect this revised deadline. It was also reported that at the Council meeting held on 29 January 2026, Members had resolved to amend paragraph 13 of the Council Procedure Rules so that questions submitted by members of the public at Special or Extraordinary meetings were required to directly relate to an item on the agenda. The Monitoring Officer advised that it had subsequently been identified that the Constitution did not make it explicit that the same principle applied to questions from elected Members. To remove doubt, it was proposed that paragraph 51 of the Council Procedure Rules be amended to clarify that questions submitted by Members for Special or Extraordinary meetings must also directly relate to a matter appearing on the agenda, alongside incorporating the revised deadline of two clear working days’ notice.

The report also addressed the handling of amendments to motions with financial implications. Members were advised that where amendments were moved without notice and had financial consequences for the Council, it was considered good practice for the Chief Finance Officer, to be given sufficient time to assess the implications and provide appropriate advice. It was therefore proposed that a new paragraph be added to the Council Procedure Rules requiring that notice of any amendment with financial implications be submitted in writing at least three clear working days before the meeting, and that such amendments would not be accepted if adequate notice was not given or if the Chief Finance Officer, in consultation with the Monitoring Officer, did not consider the amendment to be deliverable or compliant with the Council’s statutory obligations.

Members were also informed of proposed technical amendments arising from organisational changes following the senior management restructure agreed in September 2024. These included updates to the designation of Proper Officer roles under the Building Act 1984, reflecting that responsibilities for Building Control sat within the remit of the Executive Director of Economy and Public Protection. In addition, a review of the Code of Conduct for Employees had identified references to outdated job titles, and it was proposed that these be updated to reflect the current senior management structure.

RESOLVED – That Council approved:

(a) The updates and changes to the Constitution, as detailed in the report; and
(b) That the Monitoring Officer be delegated authority to make the necessary amendments to the Constitution to reflect those changes.

REASONS – To ensure that the Constitution remained clear, accurate, up?to?date and fit for purpose.

 

Supporting documents: