Agenda item
Proposed Changes to the Constitution
Report to follow.
Minutes:
Special Circumstances and Reasons for Urgency
The Chair agreed the special circumstances and reasons for urgency, as set out on the front page of the report, and also set out below:
“The report was not circulated with the Committee agenda as it was not possible to compile the information required before that time. The report is nevertheless recommended for consideration at this meeting as it is necessary for the proposed amendments to the Constitution to be submitted to the next ordinary meeting of the Council (25th January 2012) in order to take effect before the Budget Council meeting.”
Mr John Williams, Service Head Democratic Services, presented the report explaining that the Council had given responsibility for considering changes to the Constitution to the General Purposes Committee and that there were a number of urgent changes recommended which would impact on the Budget Council meeting in February. The report also included a number of changes pursuant to decisions taken on constitutional matters at the November 2011 Council meeting.
Members considered the report and sought clarification on the provisions of the Local Authorities (Standing Orders) (England) Regulations 2001 relating to the majority vote required for amending the Mayor’s proposals in respect of the Budget and Policy Framework. Clarification was also sought in respect of the legal definition of “Executive”; the deadline for amendments to the Budget Council meeting and the time required by officers to circulate comments on those amendments; arrangements for considering amendments without notice; and the type of recording which would take place at Council meetings.
The Committee moved a number of amendments and additions to the recommendations set out in the report as follows. The Chair also requested that the report to the Council meeting on 25th January 2012; and any officer comments on the proposed changes to the Constitution be circulated in advance to all Members present at the meeting of the General Purposes Committee.
RESOLVED
That the Council be recommended:-
a) To amend the Budget Council Procedure Rules at paragraph 4.2 of Part 4.1 of the Constitution as proposed at section 4 of the report, and amended as follows:
Deadline for amendment
i. That the deadline for amendments be 9.15am on the day before the meeting and that the amendments should be circulated to the Mayor and all Councillors, with any officer comments that are available at least 24 hours before the meeting.
Timing of amendments/extension of meeting
ii. Other than amendments notified in advance as above, no further substantial amendment may normally be moved at the budget meeting, but the Council may, having heard the advice of the Monitoring Officer, Section 151 Officer and Head of Paid Service, agree that an amendment without notice can be debated.
b) To amend the Budget and Policy Framework Procedure Rules at Part 4.3 of the Constitution as proposed at section 5 of this report, and amended as follows;
i. The Mayor as the Executive has responsibility for preparing the draft plan or strategy for submission to the Council; and
ii. If the Council wishes to amend the Mayor’s proposals in relation to the items included in the Budget and Policy Framework only, the Local Authorities (Standing Orders) (England) Regulations 2001 set out the dispute resolution procedure to be followed. The Council must inform the Mayor of any objections which it has to his proposals (i.e. the amendments it wishes to agree) and must give the Mayor at least five working days to reconsider his proposals and re-submit them (amended or not, with reasons) to a further Council meeting. If at this further meeting the Council still wishes to amend the Mayor’s revised proposals, such a decision requires a two-thirds majority of the Members present and voting. If no valid amendment at the further meeting receives two-thirds support, the Mayor’s proposals are deemed adopted in accordance with the regulations.
c) To re-designate the Deputy Chair of Council as ‘Deputy Speaker’;
d) To amend paragraph 27.1 of the Council Procedure Rules to facilitate the trial period of recording Council meetings as follows:
“No photography or video or audio recording of any kind by Members, guests or members of the public may take place at any Council meeting without the express permission of the Speaker. The Council may determine that the proceedings of the Council Meeting shall be audio recorded by the officers and those recordings stored in accordance with a policy agreed by the Council and accessed by any member on request, for their own use, included publication. Such requests to be made in writing to the Monitoring Officer.”
e) To amend Council Procedure Rules 17.4 at Part 4.1 of the Constitution as follow:
Recorded Vote.If twenty Members present at the meeting request it by rising from their seats, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes.
f) To amend paragraph 3.3.1 of the Financial Procedure Rules at Part 4.6 of the Constitution to read as follows:
i. All individual virement proposals that exceed £5,000 require the approval of full Council; and
ii. and to delete paragraphs 3.3.2 and 3.3.3 of those Financial Procedure Rules; and
g) To authorise the Assistant Chief Executive (Legal Services) to amend the text of the Constitution as necessary to give effect to the agreed changes.
Supporting documents: