Agenda item
Amendments to the Constitution
To consider a number of proposed amendments to the Council’s Constitution.
Minutes:
Recommendation 1
The first recommendation within the report followed a recommendation from the Centre for Governance and Scrutiny who had reviewed the Council’s overview and scrutiny function. The review identified risks in respect of the submission of amendments to the budget or the submission of alternative budgets. The late notice of such submissions could mean that the Chief Finance Officer and his team had insufficient time to consider if the submissions were financially sound or represented a balanced budget which was a statutory requirement of the Council’s Section 151 Officer.
It was proposed that a new paragraph was introduced under the Budget and Policy Framework Procedure Rules in Part 4 of the Constitution:
“Any amendments to Cabinet’s proposals, of the submission of an alternative budget, must be considered by the Chief Finance Officer five working days prior to the day of the budget meeting of Full Council to ensure that proposals are financially sound and represent a balanced budget. By exception, amendments considered as minor which the Chief Finance Officer deems as financially sound and representing a balanced budget may still be proposed.”
It was questioned as to who decided whether an amendment was major or minor, what was the definition of minor. It was stated that the Section 151 Officer would make the decision over whether an amendment was major or minor but it would be looked at in relation to the context of the budget heading being discussed. It was stated that any changes to budget proposals needed to submitted on time and circulated to Members so that they had enough time to look at them including any proposed opposition budget. This was echoed by the Chairman who stated that he would write to the Section 151 Officer to make this point.
Ø Action
That the Chairman of the Constitution Committee write to the Section 151 Officer stating that any changes to the proposed budget or the submission of any opposition budget should be circulated to all Members to allow time for them to look at the content in the context of the budget framework.
Most Members were in agreement with the proposed paragraph inclusion, although one Member stated that this had not been a problem in the past. The proposed recommendation was seconded and on being put to the vote AGREED.
Recommendation 1
That the Constitution Committee recommends to Council that the following new paragraph be included under the Budget and Policy Framework Procedure Rules in Part 4 of the Constitution regarding proposed amendments to the budget or proposed alternative budgets:
Any amendments to Cabinet’s proposals, or the submission of an alternative budget, must be considered by the Chief Finance Officer five working days prior to the day of the budget meeting of Full Council to ensure that proposals are financially sound and represent a balanced budget. By exception, amendments considered as minor which the Chief Finance Officer deems as financially sound and representing a balanced budget may still be proposed.
Recommendation 2
The second recommendation concerned the reduction of the Council’s four Overview and Scrutiny Committees to three and the adoption of a revised Article 6 as appended to the report to take effect from 4 May 2023.
The Centre for Governance and Scrutiny had recommended as part of its review, changes to the Council’s committee structure in respect of its Overview and Scrutiny Committees (OSCs). The recommendation was to reduce the OSC’s to two Committees. It was felt that this was not proportionate and a more appropriate structure would be to reduce the OSC’s to three, as shown in Appendix A to the report.
Members expressed concern with the increased workloads of the OSC’s as some meetings now lasted three hours and any increase had the potential to prolong meetings. It was stated that not all subjects would be discussed at each meeting especially in relation to the Finance, Economic and Environment OSC. It was noted that although the OSC titles had changed the remits of the Committee had largely remained the same although the Culture and Leisure OSC had taken on LeisureSK Ltd from the Companies Committee and the Finance, Economic and Environment OSC had merged the Finance, Economic Development and Corporate Services OSC with the Environment OSC. At the first meeting of each OSC the Members of that OSC would set the work programme and it would be up to the individual OSC’s to see how that operated in practice.
Clarity was sought around the number of Members of each new OSC to which the Assistant Director of Governance and Monitoring Officer responded that the membership would stay as it was currently, other than the Finance, Economic and Environment OSC which would have nine rather than seven Members. Discussion on the OSC’s workload followed and how this was managed. It was stated that during the Members induction programme, training would be given to all Members by the Centre for Governance and Scrutiny. Chairmanship training and managing workloads would also be given by the Association of Democratic Services Officers. The scrutiny training would emphasise and reiterate the role of Overview and Scrutiny Committees and demonstrate ways in which scrutiny could be most effective and focus on key outcomes to be achieved from items coming before Overview and Scrutiny Committees.
The Chairman stated that finance training for those who sat on the Finance, Economic and Environment OSC was fundamental to the Committee and that needed to be raised during the induction programme.
Further discussion followed on the reduction of the OSC’s to three and the workload that this would have on the Committees, especially as it was proposed to abolish the Companies Committee which had the potential to increase workloads and extend the length of Committee meetings. It was felt that this would not enhance the scrutiny function and a Member was against it.
Reference was made to the recommendation made by the Centre for Governance and Scrutiny following the scrutiny review and the two recommended scrutiny committees. It was felt that this was too few and three Overview and Scrutiny Committees had been proposed. Not every subject under the respective terms of reference would be discussed at each Committee meeting and more workshops or task and finish groups could be held to deal with specific items.
A discussion on workshops followed, with the following comments made;
- Decisions should be made in public, and “not behind closed doors” as workshops were not open to the public.
- It was felt that this was anti-democratic and did not allow proper scrutiny to take place.
- Workshops were convened at short notice and for people who worked, it was not always possible to attend due to work commitments this was referenced by the recent UK Prosperity Fund workshop.
A question was asked about who decided where issues were allocated in reference to the remit list of the OSC’s shown at Appendix A to the report. It was stressed that not all items would be discussed at each meeting, the lists were not exhaustive and Democratic Service Officers would advise where issues would be allocated.
Task and Finish Groups were another important aspect that could be used in the scrutiny process and training would be carried out to enable OSC’s to undertake effective scrutiny to achieve real outcomes. Working Groups were referenced within the Scrutiny Rules of Procedure and had the same principles as Task and Finish Groups. A Member asked if Task and Finish Groups were open to the public and it was explained that it depended upon the information being discussed and what had been agreed in the scoping exercise.
Concern was expressed about the reduction in the OSC’s and a proposal was moved and seconded to reject the recommendation as outlined at recommendation 2. On being put to the vote the proposal fell and Councillor Ashley Baxter asked for his vote in support of rejecting the recommendation be recorded.
It was further proposed that recommendation 2 was deferred until the next meeting of the Governance and Audit Committee (15 March 2023), however following a short discussion this was changed to the next meeting of an appropriate or suitable Committee. The proposal was seconded and on being put to the vote there was an equality of votes.
A short adjournment took place between 10:42 – 10:50.
The Assistant Director of Governance and Monitoring Officer indicated that if the issue was deferred and it went to the Governance and Audit Committee on 15 March any decision made would have to go the Council AGM on 18 May after the elections. It was noted that if no decision was made before the AGM it would be extremely complicated in allocating Members to Committees, as the committee structure would be unknown. As this particular issue had split the Committee, an option was presented whereby the Committee could opt not to make a formal recommendation and instead allow Full Council to debate it at its meeting on 1 March 2023.
Clarity was sought as to whether amendments could be made to the Constitution without a recommendation being submitted by the Governance and Audit Committee.
A short adjournment took place between 11:01 and 11:05 following which it was noted Article 17, part 2, paragraph 17.3 of the Constitution stated that any amendments needed to be considered by the Committee, as opposed to being formally recommended by the Committee, in order that they could be made by Full Council.
It was felt that the most logical way forward was to defer the decision in respect of recommendation 2 to Full Council on 1 March 2023. A proposal was made and seconded and on being put to the vote AGREED.
Recommendation 2
The Constitution Committee recommends that the following recommendation is deferred to Council on 1 March 2023 for a decision:
The reduction of four Overview and Scrutiny Committees to three Overview Scrutiny Committees and adoption of the revised version of ‘Article 6 – Overview and Scrutiny Committees’ set out in Appendix A, with effect from 4 May 2023.
Recommendation 3
The next recommendation was the abolition of the Companies Committee. The responsibility for oversight of the Council’s companies would fall under the remit of the relevant OSC. Appointments to the Boards of the companies would come under the remit of the Governance and Audit Committee.
Discussion on the recommendation followed with one Member referring to the winding up of most of the Council’s wholly owned companies apart from LeisureSK Ltd. It was felt that there was not a clear line between the responsibilities between the OSC and the Governance and Audit Committee and currently the Chairman of the Governance and Audit Committee was a Director of a Council owned company so would have to absent himself during discussion of any matters relating to the company.
Confirmation was provided that both the Business Plan and Operational Strategies would be looked at by the relevant OSC. The appointment of directors to boards would be the remit of the Governance and Audit Committee as the scrutiny committees did not have powers to make these types of decisions.
Further discussion followed in respect of the Business Plan that had been submitted to the last Companies Committee in respect of LeisureSK Ltd and that it was felt by the Member that it had not been fit for purpose and information was being hidden from scrutiny.
A further adjournment took place between 11:19 – 11:25.
More questions were asked in respect of LeisureSK Ltd and where decisions were made and it was stated that strategy documents would go first to the OSC and then on to Cabinet. The only role of the Governance and Audit Committee would be to appoint directors to the board.
Recommendation four as outlined in the report was proposed, seconded and AGREED.
Recommendation 3
That the Constitution Committee recommends the abolition of the Companies Committee, with oversight of the Council’s companies falling within the remit of the relevant Overview and Scrutiny Committee, with appointments to company Boards falling within the remit of the Governance and Audit Committee, with effect from 4 May 2023.
Recommendation 4
Following on from the recommendation to abolish the Companies Committee, the scrutiny review had also proposed that the Constitution Committee be abolished and the role and responsibilities of the Committee fall under the remit of the Governance and Audit Committee. A comprehensive review of the Constitution had now taken place and therefore the main body of the Constitution Committee’s work had been done.
The Chairman thanked all Members and Officers for their work in respect of the Constitution review. Going forward a review of the “living” document would be undertaken annually. Further thanks was given by Members to the Assistant Director of Governance and Monitoring Officer for the work that he had done in respect of the Constitution review.
A comment was made in respect of OSC’s and the Constitution and it was stressed that it would be under the remit of the Governance and Audit Committee and it was part of the Monitoring Officer’s role to keep the Constitution under review. If Members had any issues or amendments then they should put them to the Monitoring Officer who would take them to the Governance and Audit Committee for consideration.
Some Members felt that the merging of the two Committees would not improve effectiveness or the scrutiny function. Further comments were made about examples of work that the Constitution Committee could still look into such as how the election of Chairmen was conducted.
Reference was made to the workshop that had been held in respect of the Scrutiny review and the comments made at that workshop in respect of OSC’s and committees.
Further discussion followed in respect of the changes made to the number of questions that could be asked by the public at Council and also that notice had to be given by a member of the public if they wanted to ask a question at an OSC. It was stated that questions to OSC’s had been widened in that members of the public used to be limited to asking questions solely about items listed on the agenda for a meeting, whereas they were now able to ask anything in respect of that Committee’s remit. In response to criticism that the public had experienced a reduction in their ability to ask questions at meetings of Full Council, it was noted that members of the public were still able to register and ask two questions, with the provision of supplementary questions being removed.
A proposal was made that any amendment to the Constitution should be considered by all the OSC’s; however, this did not receive a seconder.
Recommendation 4 as outlined in the report was proposed, seconded and on being put to the vote AGREED.
Recommendation 4
That the Constitution Committee recommends the abolition of the Constitution Committee and role and responsibilities being added to the remit of the Governance and Audit Committee and adoption of the revised version of ‘Article 10 – Governance and Audit Committee’ set out at Appendix B, with effect from 4 May 2023.
Councillor Ashley Baxter asked for his vote against to be recorded.
Recommendation 5
Recommendation 5 concerned the addition of a Standards Committee and the adoption of a new Article as outlined at Appendix C to the report which detailed the Terms of Reference for the Committee. The Committee highlighted the important role of Members conduct and would include greater liaison with the Council’s Independent Person.
Members supported the creation of a Standards Committee and it was asked if the LGA code and guidance would be followed. The proposed Terms of Reference for the Standards Committee included consideration of the appropriate processes and procedures that should be put in place. It would therefore be something the Standards Committee could itself consider at its first meeting.
Recommendation 5 within the report was proposed, seconded and AGREED.
Recommendation 5
That the Constitution Committee recommends the creation of a Standards Committee and adoption of a new Article entitled ‘Standards Committee’, which sets out its terms of reference, with effect from 4 May 2023.
Recommendation 6
Recommendation 6 dealt with the renumbering of the Articles to facilitate the recommendations 1-4 as contained within the report which would take effect from 4 May 2023.
Recommendation 6 was proposed, seconded and AGREED.
Recommendation 6
The Constitution Committee recommends that the renumbering of Articles under Part 2 of the Council’s Constitution to facilitate recommendations 1 to 4 above, with effect from 4 May 2023.
Recommendation 7
Recommendation 7 considered the addition to the Officer Scheme of Delegation of a delegation in respect of Fees and Charges. Currently there was not provision within the Council’s approval process to consider the introduction of new fees and charges between meetings of Full Council or outside the Council’s budget setting process. There may be occasions when the introduction of a new fee or charge was necessary in-year and could not wait for a meeting of Full Council. Other Councils had such a delegation in place as part of their financial procedures rules.
Members agreed with the proposed recommendation and it was proposed, seconded and AGREED.
Recommendation 7
That the Constitution Committee recommends the addition of a delegation under the Officer Scheme of Delegation in Part 3 (Responsibility for Functions) of the Council’s Constitution regarding the introduction of new fees and charges, as set out under paragraph 3.3.9 of Part 3 (c) (Delegated Powers to Officers) titled ‘fees and charges’
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Function
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Delegation |
Officer(s) Granted Delegation
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Fees and Charges |
To submit a report to Cabinet seeking approval of a new fee or charge in circumstances when the introduction of a fee or charge is necessary and cannot reasonably be considered as part of the Council’s budget setting process
If agreed by Cabinet, to provide reasonable notice to service users before they are implemented, together with clear advice on any discounts or concessions that will be available.
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Chief Executive, relevant Director, Assistant Director and any other officers they authorise in writing as being appropriately qualified and trained |
Recommendation 8
Recommendation 8 concerned including a definition for a short-term lease within the Council’s Scheme of Delegation. Currently the following delegation was shown;
“To arrange short term lettings of land not immediately required for other purposes at rent/licenses fees fixed by the Section 151 Officer”.
Historically a precedent for a short-term lease had been less than seven years, it was therefore proposed that paragraph 25(f) be amended to reflect that short-term leases were defined as leases up to seven years duration, currently the reference was in respect of land but it was considered that the delegation also applied to property and that this reference should also be included.
Members asked questions in relation to the recommendation to which the Assistant Director of Governance and Monitoring Officer replied.
On being put to the vote, it was proposed, seconded and AGREED.
Recommendation 8
That the Constitution Committee recommends the addition of a definition regarding the duration of a short-term lease in respect of an existing delegation within the Officer Scheme of Delegation in Part 3 (Responsibility for Functions) and further clarification in respect of the delegation. Delegation at 25 (f) to read:
To arrange short term* lettings of land and property not immediately required for other purposes at rent/licenses fees fixed by the Section 151 Officer”. Short-term leases are defined as leases up to seven years duration.
Recommendation 9
Recommendation 9 concerned the addition to an existing delegation contained in Part 3 (Responsibility for Functions) which was granted by Cabinet on 7 December 2021. The delegation was;
The Director of Housing and Property, in consultation with the Deputy Leader of the Council, Chief Executive, Section 151 Officer and Monitoring Officer, to dispose of General Fund Assets up to a value of £2 million, exclusive of any applicable VAT, subject to legal and valuation advice.
For completeness it was proposed to include this delegation as part of the Officer Scheme of Delegation under Part 3 of the Constitution (Responsibility for Functions) under paragraph 3.3.9 of Part 3 (c) (Delegated Powers to Officers). The Officer Scheme of Delegation was written to enable contingency should individual post holders be unable to act. It was therefore proposed that delegated power be extended to the Chief Executive or the Director of Housing and Property. It was also proposed that the reference in respect of the Deputy Leader be changed to the Cabinet Member for Finance and the Cabinet Member for Property.
Members discussed the proposed changes with question being asked about the delegation. It was stated that the delegation was already in place it was just being slightly amended to ensure that reference to the correct Cabinet Member was clear.
Recommendation 9 was proposed, seconded and AGREED.
Recommendation 9
The Constitution Committee recommends the changes to the following delegation (underlined) as part of the Officer Scheme of Delegation under Part 3 of the Constitution (Responsibility for Functions) under paragraph 3.3.9 of Part 3 (c) (Delegated Powers to Officers):
The Director of Housing and Property (or the Chief Executive), in consultation with the Cabinet Member for Finance, the Cabinet Member for Property, Leader of the Council, (Chief Executive), Section 151 Officer and Monitoring Officer, to dispose of General Fund Assets up to a value of £2 million, exclusive of any applicable VAT, subject to legal and valuation advice.
Recommendation 10
It was proposed that an additional rule be added to Part 4 of the Constitution within the Council Procedure Rules. Currently there was no stipulation that vacancies on the Council’s committees needed to be filled. The substitute provision was used to replace a political group’s vacancy on a committee. However, having a vacancy on a committee resulted in a lack of clarity which could also lead to a lack of accountability and continuity.
It was proposed that the following paragraph be added to the Council Procedure Rules to enable a defined membership of a committee.
“Vacancies on committees should be filled at the next available meeting of Full Council and until that meeting takes place the provision of substitutes will be permitted. If a vacancy on a committee is not filled at the next available meeting of Full Council, the provision of substitutes will not be permitted.”
Discussion on the proposal followed with various views being put forward in respect of vacancies and notification of substitutes.
Recommendation 10 was proposed, seconded and AGREED.
Recommendation 10
That the Constitution Committee recommends the addition of a rule in Part 4 (Procedure Rules) in the Council Procedure Rules regarding the appointment of Members to fill vacancies on Committees as follows;
Vacancies on committees should be filled at the next available meeting of Full Council and until that meeting takes place the provision of substitutes will be permitted. If a vacancy on a committee is not filled at the next available meeting of Full Council, the provision of substitutes will not be permitted.
Supporting documents:
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Amendments to the Constitution, item 28.
PDF 327 KB -
Amendments to the Constitution Appendix A, item 28.
PDF 189 KB
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Amendments to the Constitution Appendix B, item 28.
PDF 180 KB
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Amendments to the Constitution Appendix C, item 28.
PDF 121 KB