Full Council
18 April 2012
Agenda Item No______14_______
CONSTITUTION WORKING PARTY - ANNUAL REVIEW REPORT
Summary:
The Constitution Working Party has identified a number of sections
within the Constitution document that require amendments and
updates, for which approval is sought. In addition, Members of the
Working Party have identified a number of provisions that will need
amendment or updating that are contingent on the outcomes of
structural review, the publication of regulations and guidance or
technical review by other committees or officers of the Council.
Conclusions:
The Constitution should be amended or updated in accordance with
the recommendations of the Constitution Working Party, where those
amendments or updates are not contingent on other events or
information.
Recommendations:
It is recommended that Members:
(i)
approve the Constitution amendments and actions
proposed in Appendix C;
(ii)
note the provisions within the Constitution that will be
reviewed after the management restructure is completed,
to be reported to the Council for approval at a later meeting
(Appendix D);
(iii)
note those provisions within the Constitution where
amendments or updates stand deferred pending
publication of relevant regulations and guidance
(Appendix D);
(iv)
note those provisions within the Constitution that are to be
referred for review by the relevant committees and/ or
officers before amendments or updates are considered by
the Constitution Working Party (Appendix D).
Cabinet member(s):
Ward(s) affected:
All
All
Tony Ing, Strategic Director – Information
01263 516080, tony.ing@north-norfolk.gov.uk
Contact Officer, telephone number,
and e-mail:
1.
Introduction
1.1
Following the decision of Full Council at its meeting of 22 February 2012 appointing Cllrs
A.M. Fitch-Tillett, V.R. Gay, K.E Johnson, A.M. Moore and H. Thompson to serve on the
Full Council
18 April 2012
Constitution Working Party, a first meeting was convened on 9 March 2012. At that
meeting Cllr H. Thompson was elected as Chairman.
1.2
In fulfilling their responsibilities, Members worked sequentially through the current
Constitution focusing on changes arising from:
•
new or amending legislation (e.g. the Localism Act 2011)
•
relevant audit recommendations (e.g. the Corporate Governance audit)
•
operational experience of applying the Constitution since April 2011
•
inconsistencies, referencing, formatting etc. identified within the document
•
any other relevant review or change of circumstances (e.g. agreed recommendations
of the Independent Remuneration Panel).
2.
Constitution Working Party findings
2.1
As a result of the considerations of the Working Party following meetings held on 9 and
28 March 2012, Members have identified those elements of the Constitution that should
be amended or updated as a result of this initial work. These proposed amendments
and actions can be found at Appendix C.
2.2
In addition, Members clearly highlighted those provisions in the Constitution that would
require amendment but were contingent on the outcome of other activities (e.g.
management restructuring and publication of regulations and guidance), as well as those
provisions that require further work or consideration by other committees and/or officers
before recommendations for amendment can be made. These can be found at
Appendix D.
2.3
Members also discussed the format and style of the Constitution, proposing that the
amended document should be re-issued in loose-leaf form to make it easier to
incorporate future updates.
3.
Financial Implications
3.1
There are no direct financial implications associated with the annual review of the
Constitution.
4.
Risks
4.1
In order to mitigate any potential risks associated with the Constitution, it is important
that the document is updated to reflect any new or amended, relevant legislation to
ensure the conduct of business and decision making processes are effective and legally
sound.
Full Council
18 April 2012
5.
Sustainability
5.1
There are no direct sustainability implications associated with the annual review of the
Constitution.
6.
Equality and Diversity
6.1
There are no direct equality and diversity implications associated with the annual review
of the Constitution. However, if there are any significant changes arising from the
review, they will be subject to an equality impact assessment before being adopted by
Council.
7.
Crime & Disorder
7.1
There are no direct crime and disorder implications associated with the annual review of
the Constitution.
Full Council
18 April 2012
APPENDIX C
Proposed Amendments to the Constitution
Constitution Reference
Amendment or Action
Chapter 2, Full Council
Paragraph 3.8, page 2.7,
Opposition Business
Amendment
“Each opposition or minority Group will have the
opportunity at up to three ordinary meetings of Council to
propose a single item of business on the following
procedural basis:
(a) Opposition Group Leaders may submit a notice of
opposition business in writing to the Chief Executive for
the next ordinary Council meeting at least ten clear days
before the date of the meeting to which it is addressed.
(b) The written notice must identify the nature of the item
to be discussed and the nominated representative of the
political group who will present the business to Council, to
which the Leader or appropriate Portfolio Holder will
respond.
(c) The written notice must relate to a matter which affects
the Council or the District and must relate to a matter in
respect of which the authority has a relevant function or
legitimate local interest.
(d) The Council may vote on the substance of the debate
particularly where recommendations have been made for
future actions. The time allotted for opposition business
would be no more than 30 minutes.”
Paragraph 12, page 2.12, Petitions
and questions
Action
To review arrangements for managing questions and
prepare a practical procedure to report back to a future
meeting.
Paragraph 18.6, page 2.22,
Recorded vote
Amendment
“Notwithstanding Rule 18.5, if any Member present at the
meeting so demands, the names for and against the
motion or amendment or abstaining from voting will be
taken down in writing and entered into the minutes. The
procedure for a recorded vote shall be as follows:
(a) The Chairman shall put the motion and the Chief
Executive or Monitoring Officer shall call out the names of
Members and record their votes or abstentions
(b) The Chairman shall declare the result of the vote and
the vote of each Member shall be recorded in the
minutes.”
Full Council
18 April 2012
Paragraph 20.3, page 2.23,
Telephones and electronic
equipment
Amendment
NEW PARAGRAPH page 2.25,
Substitution
Amendment
“Each Member shall ensure that his/her mobile telephone
and other electronic equipment is switched to, and kept
on, silent mode throughout the meeting. The voice facility
of such mobile telephones and electronic equipment shall
not be used to make calls, receive calls or check
messages. Only text or non-voice uses can be made of
this equipment. The person presiding at the meeting may
require all mobile telephones or electronic equipment to
be switched off at any time, where necessary to ensure
that such equipment does not interfere with the proper
conduct of the meeting or lawful decision-making.”
“When acting as a substitute, such a member is free to
make their own independent decisions and is under no
obligation to vote in accordance with the intentions or
wishes of the member for whom he/she will substitute.”
Chapter 3, The Executive
Paragraph 1.1, page 3.5
Action
Delete the note in italics
Paragraph 3.1, page 3.6
Action
Delete the note in italics
Paragraph 3.2, page 3.6
Action
Delete paragraph 3.2 as the reference to portfolio
responsibilities was felt to be unnecessary.
Chapter 5, Committees
Paragraph 5.5, page 5.4,
Recorded vote
Amendment
“If any Member present at the Committee so demands, the
names for and against the motion or amendment or
abstaining from voting will be taken down in writing and
entered into the minutes. A demand for a recorded vote
will override a demand for a ballot.”
Part 5, page 5.11, Audit
Committee Terms of Reference
1.2(b)
Amendment
“Reviewing the annual statement of accounts and whether
appropriate accounting policies have been followed.”
Full Council
18 April 2012
Chapter 9 – Rules, Codes and
Protocols – Part 2 – Contract
Procedure Rules
Paragraph 9.2, pg 9.33
Amendment
“All exemptions, and the reasons for them, must be
recorded using the form in the Procurement Toolkit.
Exemptions shall be signed by the Officer and the relevant
Director, and countersigned by the Procurement Officer
and the Monitoring Officer. All exemptions granted during
the financial year will be summarised and reported for
information within the Monitoring Officer’s Annual Report.
Chapter 11, Members’
Allowances
NEW APPENDIX, Basis of the
allowance
Action
To introduce a new appendix, using the information
provided to the Independent Remuneration Panel, to
explain the roles and responsibilities of Members to the
reader of the Constitution, providing context for the
allowances paid.
Chapter 12, Partnership
Arrangements and Outside
Bodies
Paragraphs 1 to 4, page 12.1
Action
Wherever reference is made to “area partnerships” delete
the word “area”.
Part 2, page 12.5
Amendment
“For the avoidance of doubt, whenever a Member is
appointed to represent the Council on any Outside Body
or acts in their capacity as a Member of the Council on
any Outside Body, then that representation should be
declared in the Member’s register of interests.”
Full Council
18 April 2012
APPENDIX D
Provisions within the Constitution that will be reviewed after the management restructure
is completed, to be reported to the Council for approval at a later meeting
Constitution Reference
Action
Chapter 6, Officers
Defer until the senior management restructure
has been completed
Provisions within the Constitution where amendments or updates stand deferred
pending publication of relevant regulations and guidance
Constitution Reference
Action
Chapter 3, Part 1, page 3.1, paragraphs 4b)
and 5b), The Cabinet
When the new Standards arrangements take
effect, it will be necessary to delete these subparagraphs as there will be no sanction of
suspension available.
Chapter 7, Part 1 and 2 Standards and the
Members’ Code of Conduct
Defer until the new regulations and guidance
are published.
Chapter 11, paragraph 13, page 11.5,
Allowances while suspended from Council
Duties
When the new Standards arrangements take
effect, it will be necessary to delete this
paragraph as there will be no sanction of
suspension available.
Provisions within the Constitution that are to be referred for review by the relevant
committees and/ or officers before amendments or updates are considered by the
Constitution Working Party
Constitution Reference
Action
Chapter 4, Overview and Scrutiny
Overview and Task Group currently looking at
the Overview and Scrutiny function. Defer
until the outcome of the review.
Chapter 7, Part 3 and 4, Employee Code of
Conduct and Member/ Officer Relations
Refer for consideration by the Joint Staff
Consultative Committee
Chapter 9, Part 1 and 2, Financial Regulations
and Contract Procedure Rules
Refer for consideration by the Corporate
Finance Manager and Procurement Officer
Chapter 10, Officer Employment Procedure
Rules
Refer for consideration by the Organisational
Development Officer
Chapter 12, Part 2, Outside Bodies
Defer update until the schedule of Outside
Bodies is agreed at the annual meeting of the
Council in May 2012.