Agenda item
Constitution Updates
Minutes:
Matthew Mannion, Head of Democratic Services introduced the report that provided an update on proposed and agreed amendments to the Constitution. Matthew outlined the main proposed changes and the rationale for each.
Regarding the item on the Committee’s work plan on a proposed constitution working party, Matthew advised that discussions were in progress and a report would be brought to a future meeting with outline proposals, though any suggestions from members in the meantime would be welcome.
Further to questions from the Committee, Matthew provided additional information on:
· Background to the proposed change to the definition of a co-opted member.
· The membership arrangements for the proposed Employee Appeals Sub-Committeesub committee. Members can be drawn from all members and substitutes of the General Purposes Committee.
The Sub Committee then discussed the report and raised the following points relating specifically to the proposed Employee Appeals Sub-Committee:
· The terms of reference should clarify on whether decisions of sub committee will be binding.
· The terms of reference should include a provision that proportional political group representation and gender/ethnicity balance be secured as far as is reasonably practicable.
· The Committee discussed a proposal that the terms of reference provide for the exclusion of members of the executive from Employee Appeals Sub-Committees where the appeal being considered related to an employee in their service. Some members of the Committee felt such an approach would protect the Council from accusations of conflicts of interest; other Committee members felt such a provision was unnecessary as any such conflicts of interest would be managed through existing mechanisms including the Members Code of Conduct and the declarations of interest agenda item at the meeting.
· The Committee asked the Head of Democratic Services to propose minor changes to the terms of reference and hearing structure to give effect to the Committee’s discussion. It asked that any changes be determined following consultation with the Chair.
· Training to cover the requirements outlined in paragraphs 2.4 (policies and procedures) and 2.5 (safeguarding) should be scheduled together as far as practicable.
RESOLVED to:
1. Establish the Employee Appeals Sub-Committee for the remainder of the municipal year 2022/23 with the terms of reference as at Appendix 1, hearing structure at Appendix 2 and the consequent Constitution changes set out in Appendix 3 to the report.
2. Delegate to the Head of Democratic Services, following consultation with the Chair, authority to make minor amendments to the Employee Appeals Sub-Committee terms of reference and hearing structure to give effect to the Committee’s wishes regarding:
a. Clarification on whether decisions of sub committee will be binding.
b. Guidance on membership, gender and ethnicity balance and political proportionality requirements.
c. Any reasonable and practical restrictions to be placed on executive members’ participation.
3. Agree the proposed amendments to the Council’s Petition Scheme as set out in Paragraphs 3.9 and 3.10 of the report.
4. Note the agreed changes to the Constitution on the Member Allowances Scheme in Appendix 5 to the report, the Grants Determination Sub-Committee in Appendix 6 to the report and the Officer Structure Chart.
Supporting documents:
- Constitution Updates, item 4.2 PDF 240 KB
- Appendix. 1 Employee Appeals Sub-Committee Terms of Reference, item 4.2 PDF 185 KB
- Appendix. 2 Employee Appeals Sub-Committee Procedures, item 4.2 PDF 210 KB
- Appendix. 3 Employee Appeals Sub-Committee consequent Constitution changes, item 4.2 PDF 315 KB
- Appendix. 4 Updated Member Allowances Scheme, item 4.2 PDF 268 KB
- Appendix. 5 Grants Determination Sub-Committee TORs, item 4.2 PDF 90 KB