Issue - meetings

Report of the Chairman of the Constitution Committee.                (To follow)

Decision:

The Council approves the recommendations of the Constitution Committee as follows:

1.             Budget and Policy Framework

            That the Constitution be amended at Article 4.12.2 as shown below in bold

4.21.2 Process for developing the Budget

The Cabinet will publish in its Schedule of Decisions a timetable for making proposals to the Council for the adoption of an annual budget, including those decisions which are required by detailed at Schedule 2 of the Local Authorities (Standing Orders) (England) Regulations 2001 (as amended) which are required to be made before the 8th February in any financial year and its arrangements for consultation after publication of those initial proposals. The Chairmen of the Overview and Scrutiny Committees will also be notified. The consultation period shall be a period of not less than two weeks.

2.            Development Management Committee – report LDS249

            That no amendment is made to Article 9.1.9 a)(viii) and agrees that the proposed change with regard to public speaking be undertaken on a trial basis by the Development Management Committee for six months, meaning that during that period, Articles 9.1.9 a)(viii) and Article 9.1.9 a) (v) will be varied as follows:

 2.1     Article 9.1.9 a) (viii)

Questions may only be put by Committee members to the applicant, an agent and/or a specialist advisor/consultant whether speaking on behalf of the applicant, for the grant of an application or against the grant of an application. Questions must be relevant to the application being considered and limited to the following matters:

·         Anything that they have specifically referenced in their speech

·         Anything that is contained in the application

·         Anything that has been made in a representation by the speaker in respect of the application

Questions may be asked of public speakers by the Chairman and/or Vice-Chairman but only to establish the source of any material facts stated by a public speaker.

2.2      Article 9.1.9 a) (v)

            Each person is allowed to speak for a maximum of three minutes and may be required to answer questions in accordance with Article 9.1.9 (a) (viii).

3.            Employment Committee

That Article 13 of the Constitution is amended as follows:–

3.1       Article 13.4.1 (ii) to be amended to read:

To oversee the recruitment and selection process of the Monitoring Officer and Section 151 Officer and make recommendations to Council in this respect

 3.2      Article 13.4.1 (v) to be amended to read:

To review the appointment of an external investigator to carry out an investigation on behalf of the Committee where necessary.

3.3       A new paragraph to be inserted at 13.4.1 (iii) as follows:

            To appoint Strategic Directors, and posts falling within the level of Assistant Director

3.4      Existing paragraphs 13.4.1 (iii) to (ix) to be renumbered (iv) to (x) to accommodate the insertion of the new paragraph (iii) above.

The Chairman announced that two written representations had been sent to the Chief Executive which related to the recommendations of the Committee on the questioning of public speakers at meetings of the Development Management Committee. Copies of both  ...  view the full minutes text for item 53

·         Development Management Committee – proposed amendment to arrangements for questioning public speakers – Report LDS249 from the Chairman of the Development Management Committee

(Enclosure)

·         Employment Committee – proposed amendment to the Terms of Reference – ReportTC005 from the Chairman of the Employment Committee

(Enclosure)

·         Budget and Policy Framework Procedure Rules – proposed amendment to the consultation period - Report CFM440 from the Cabinet Member for Finance

(Enclosure)

As the Cabinet Member for Finance had a prior engagement the Chairman agreed to change the order of the agenda and dealt with report CFM440 first.

Budget and Policy Framework – report CFM440

The Cabinet Member for Finance proposed an amendment to Article 4.21.2 of the Constitution relating to the budget and policy framework. Currently consultation in developing the budget was for six weeks and it was proposed to change this to a period of not less than two weeks which was in line with other authorities in the area.  Context for the decision was given by the Assistant Director Finance.  Responses to consultation happened in a timely fashion usually within the first few days. The proposal allowed more flexibility especially if the Government made a late announcement and it enabled the framework to be more responsive.

The proposal was moved, seconded and agreed.

Decision:

That the Constitution be amended at Article 4.12.2 as shown below in bold

4.21.2 Process for developing the Budget

(a) The Cabinet will publish in its Schedule of Decisions a timetable for making proposals to the Council for the adoption of an annual budget, including those decisions which are required by detailed at Schedule 2 of the Local Authorities (Standing Orders) (England) Regulations 2001(as amended) which are required to be made before the 8th February in any financial year and its arrangements for consultation after publication of those initial proposals.   The Chairmen of the Overview and Scrutiny Committees will also be notified.  The consultation period shall be a period of not less than two weeks.

Development Management Committee – report LDS249

The Chairman of the Development Management Committee presented report LDS249 which proposed changes to the arrangements for questioning members of the public speaking at meetings of the Development Management Committee (DMC) (Article 9.1.9 (a) viii). The Chairman of the DMC outlined for those Members present who were not Members of the DMC the procedure for speaking at the Committee and the times allowed and the proposal set out in report LDS249. He explained that speaking at committee could be very intimidating for members of the public. There was no proposal to stop the public speaking and the time allowed to speak would remain the same.

Agents, applicants and those with technical knowledge would still be allowed to be questioned by the Committee whether they were for or against an application. He felt that members of the public should not be “cross examined” as speaking in such a forum as the committee meeting was daunting to most people.

The Committee were informed that if the proposal was agreed then this would also require an amendment to be made to 9.1.9 (a) (v) of the Constitution to clarify that questioning would be in accordance with Article 9.1.9 (a) (viii).

The proposal was then discussed by Members of the Constitution Committee. Two other Members of the Council who had sat on the Development Management Committee or who substituted on the Committee were also given the opportunity to  ...  view the full minutes text for item 30