Recommendation from Corporate Management Committee 3 March 2022 - Constitution Review 2022

To consider the following Minute and recommendation from Corporate Management Committee held on 3 March, 2022. The full agenda report was circulated with the agenda for that Committee and is available on the website.

 

            The Committee considered proposed changes to the Council’s Constitution resulting from periodic updating and recommendations arising from a review of the Constitution by the Constitution Member Working Party (MWP).  Section 37 of the Local Government Act 2000 required local authorities to adopt and keep up to date Constitutions.  Many of the changes proposed had emanated from the MWP which had met regularly, had achieved cross party consensus on proposed changes and had made a valuable contribution to the review of the Constitution.  An updated Constitution would be produced and be made available on the Council’s website from 18 May 2022.  A hard copy of the updated Constitution would be published in the summer in order to reflect any necessary further changes made since 18 May 2022.

           

            The Committee noted a summary of proposed changes to the Constitution for 2022. 

            The proposed changes for 2022 included minor updates, corrections and clarifications of wording, changes to dates, spellings, post titles, formatting, revised managerial responsibilities and changes authorised by Committees or the Urgent Action procedure during the Municipal Year.  Other changes included alterations to the wording of matters reserved to the Planning Committee and Planning Policy functions delegated to specific officers, authorisation of officers to set fees for deployable (i.e. mobile) CCTV subject to financial thresholds, introducing a provision for Committees to end meetings by resolution and new procedures for appointments to outside bodies, for signing of contracts to expand the range of individuals that could sign them and to contract value thresholds to reflect Government changes to VAT treatment.  The 2022 changes would include a new Members Code of Conduct, a new Scheme of Members’ Allowances and a revised Council Management Structure diagram.

 

            The Committee noted that under the new procedure for appointments to outside bodies, the persons appointed would be expected to report back to the Council on the activities of the organisation to which they were appointed.  This report would not have to be an annual report, although an annual report would be acceptable if the person appointed chose to report annually.  It was agreed that when they were appointed, the persons appointed would be advised that they would be expected to report back to an appropriate Committee of the Council. 

 

            The Committee agreed to recommend to Full Council that all of the proposed changes to the Council’s Constitution be approved.

 

Recommend to Full Council on 28 April 2022 that –

 

i)          the changes to the Council’s Constitution be approved;

           

ii)         the revised Constitution be effective from 18 May 2022; and

 

iii)        the Corporate Head of Law and Governance be authorised to settle the final form of the Constitution for adoption in accordance with the above decisions, and the Corporate Head of Law and Governance be authorised to incorporate any delegations to Officers subsequently authorised by Committee(s) after 24 March 2022 and prior to printing, and make any minor editing changes necessary to correct errors or omissions discussed after 18 May 2022.

 

Minutes:

Council considered a recommendation from Corporate Management Committee held on 3 March 2022 regarding proposed changes to the Council’s Constitution resulting from periodic updating and recommendations arising from a review of the Constitution by the Constitution Member Working Party (MWP). 

           

The Chairman of the Constitution MWP was thanked for her chairmanship and Council agreed the proposed changes to the Constitution subject to an addition that  under the new procedure for appointments to outside bodies, appointees to outside bodies would be required to report back in a form appropriate  to the activities of the organisation to which they are appointed within the Municipal Year .The form of reporting back would be proportionate and flexible to reflect the activities of the outside body and could be to a Committee, Member Working Party or in some other way.   The operation of the new process for outside bodies would be reviewed by the Constitution MWP in the next Municipal Year.

 

Resolved that –

 

i)          the changes to the Council’s Constitution be approved subject to an addition that under the new procedure for appointments to outside bodies, appointees to outside bodies would be required to report back within the Municipal Year in a form appropriate to the activities of the organisation to which they are appointed;

           

ii)         the revised Constitution be effective from 18 May 2022; and

 

iii)        the Corporate Head of Law and Governance be authorised to settle the final form of the Constitution for adoption in accordance with the above decisions, and the Corporate Head of Law and Governance be authorised to incorporate any delegations to Officers subsequently authorised by Committee(s) after 28 April, 2022 and prior to printing and make any minor editing changes necessary to correct errors or omissions discussed after 18 May 2022.