Constitution Working Party
Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
30 January 2015
A meeting of the Constitution Working Party will be held in Meeting Room 3 at the
Council Offices, Holt Road, Cromer on Monday 9th February at 2.00pm.
Sheila Oxtoby
Chief Executive
To: Mrs H Cox, Mrs A M Fitch-Tillett, Ms V R Gay, Mrs A M Moore and Miss B Palmer, Mr T
FitzPatrick, Mr MJM Baker
cc Mr J Punchard
If you have any special requirements in order to attend this meeting, please let us
know in advance
If you would like any document in large print, audio, Braille, alternative format or in a
different language please contact us
Chief Executive: Sheila Oxtoby
Strategic Directors: Nick Baker and Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
MINUTES
(page 1)
To approve as a correct record the minutes of the meeting of the Constitution
Working Party held on 15 January 2015.
3.
ITEMS OF URGENT BUSINESS
To determine any items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local
Government Act 1972.
3.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a disclosable
pecuniary interest.
4.
UPDATES TO THE CONSTITUTION
To consider any further changes to the Constitution, as advised by the Monitoring
Officer.
The changes could reflect:


5.
Changes in the law
Changes in the internal structure of the Council, titles of postholders etc.
Improvements to the existing constitution suggested by the Monitoring Officer
FUTURE WORK AREAS – REVIEW OF THE CONSTITUTION
To agree and scope future work to ensure the Constitution is up to date and fully
reflects the needs of the Council:
The proposed areas for consideration are:



6.
Review of the Protocol for officer/member relations
Review of the Scheme of Delegation – to ensure compliance with the
Transparency Code
Review of the procedure and rules for Council meetings
REVIEW OF GOVERNANCE ARRANGEMENTS
To receive a presentation by the Monitoring Officer on the various governance
models for local government. This will be followed by a discussion to consider how to
proceed with the review of governance arrangements and to agree a programme of
work.
7.
(page 3)
TERMS OF REFERENCE
To review the Terms of Reference for the Constitution Working Party to ensure they
fully reflect the scope and work required by the Council.
8.
FUTURE MEETING DATES
To ensure that the above workload can be dealt with in a timely manner, the
Chairman has suggested that the Constitution Working Party meets twice in February
2015.
Monday 9th February 2015 – 2pm Meeting Room 3
Monday 23rd February 2015 – 10am Meeting Room 3
Monday 16th March 2015 – 10am Committee Room
9.
WORK PROGRAMME
February 9th 2015
To agree approach to the review of Governance
Arrangements
Lead Officer(s)
David Johnson
Sheila Oxtoby
To agree approach to overall review of existing
Constitution – to include local members protocol,
debate at Council meetings and scheme of
delegation (to reflect Transparency Code)
David Johnson
Sheila Oxtoby
February 23rd 2015
To feedback on and discuss the following:
-Review of Governance arrangements
-Review of Constitution (including above workstreams)
March 16th 2015
Planning Delegations
Review of Financial Regulation
To agree on the report/update to Council regarding
progress on the review of governance
arrangements and the overall review of the
Constitution
Nicola Baker
Karen Sly
CONSTITUTION WORKING PARTY
Minutes of a meeting of the Constitution Working Party held on 15 January 2015 in the
Committee Room, Council Offices, Holt Road, Cromer at 2.00 pm.
Working Party:
Mrs H Cox, Mrs A Fitch-Tillett
Officers in
Attendance:
The Monitoring Officer and the Democratic Services Team Leader
1
TO RECEIVE APOLOGIES FOR ABSENCE
Mrs A Moore, Miss B Palmer
2
MINUTES
The Minutes of the meeting held on 01 October 2014 were approved as a correct
record and signed by the Chairman
3
ITEMS OF URGENT BUSINESS
None
4
DECLARATIONS OF INTEREST
None
5
MATTERS ARISING
The Chairman requested that Group leaders should be added to the attendance list
in future.
Mrs A Fitch-Tillett reiterated that the Chairman of each committee should advise of
recording at the beginning of the meeting and Members agreed that this should be a
part of the standard agenda. Democratic Services agreed to place a reminder on the
Chairman’s desk.
The item on reviewing the scheme of delegation in relation to planning had been
deferred due to the Head of Planning being absent on sick leave. This item and the
review of the Planning Protocol would come to the Constitution Working Party as
soon as possible.
6
REVIEW OF THE CONSTITUTION
The Monitoring Officer informed Members that ‘he had received a request to review
some of the ‘Proper Officer’ delegations within the Constitution. Mrs A Fitch-Tillett
sought clarification that this would refer to the post rather than a named person. The
Monitoring Officer confirmed that it would.
Constitution Working Party
1
01 October 2014
There would also be some changes to electoral powers as outlined within the
Constitution. These changes would be made prior to the next election on 7th may
2015.
7
FUTURE MEETING DATES
It was agreed that two further meetings of the Constitutional Working Party would be
scheduled to consider the review of governance arrangements. The Democratic
Services Team Leader said that she would check the availability of the Chief
Executive and the Group Leaders. It was agreed that the 9th and 23rd February would
be the preferred dates.
8
WORK PROGRAMME
The work programme would be adjusted to include the review of governance
arrangements and to accommodate the rescheduled items such as the Financial
Regulations, Planning delegations and Planning Protocol.
The meeting closed at 2.26 pm.
Chairman
Constitution Working Party
2
01 October 2014
Constitution Working Party
TOR 09 March 2012
Constitution Working Party
Members
The Constitution Working Party (CWP) will comprise of members nominated by Full
Council to reflect the prevailing political balance of the Council. The CWP will be
supported by the Monitoring Officer, a Democratic Services Officer and any other
officer required from time to time to provide advice or information to the Members in
fulfilling their role. The membership may be reviewed periodically.
The CWP will meet at least annually. However, the need for periodic Constitutional
amendments will require a flexible approach so that additional meetings may be
called to accommodate matters that need to be addressed between each annual
review.
The CWP will report to Full Council with any recommended Constitutional
amendments.
Constitution Working party
TERMS OF REFERENCE - 9 March 2012
Aim
The aim of the CWP is to ensure that the Constitution is fit for purpose, up to date
and enables the Council to properly discharge its obligations and manage its
business efficiently, effectively and legally.
Objective
Under Paragraph 14.1 of Chapter 1 of the Constitution, “the Council has
responsibility for monitoring and reviewing the operation of the Constitution to ensure
that the aims and principles of the Constitution are given full effect. Such monitoring
and review shall take place at least annually and be reported to Full Council.”
Activities
In order to fulfil this objective, the CWP will at least annually:
1. Consider the impact on the provisions within the Constitution arising from:
 new or amending legislation
 relevant audit recommendations
 operational experience of applying the Constitution since April 2011
 inconsistencies, referencing, formatting or typographical errors
 other relevant reviews or change of circumstances;
2. Prepare a schedule of changes, amendments or corrections as a result of the
impacts identified at (1) above;
3. Report the results of the review to Full Council with appropriate recommendations
for updating the Council’s Constitution.
3