Agenda item

The Council is asked to consider the recommended changes to the Constitution put forward by the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for this purpose.

Council’s approval was sought for the recommended changes to the Constitution put forward by the Cabinet.

It was reported that, at its meeting held on 19 February 2021, Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder which had requested it to approve the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder through a Working Party constituted for that purpose. The main proposals covered a number of miscellaneous amendments to the Council Procedure Rules, Article 10 of the Constitution and the Property Dealing Procedure in order to ensure that the Council’s Constitution remained effective, efficient and consistent at an operational level. 

The Portfolio Holder’s Report and accompanying Appendices which had been considered by Cabinet at its meeting on 19 February 2021 were attached as Appendices to item A.3 of the Report of the Monitoring Officer (and as contained within pages 113 to 147 of the Council Book). 

The Cabinet’s decision on this matter at its meeting held on 19 February 2021 had been as follows:-

“RESOLVED that Cabinet –

1.      RECOMMENDS TO COUNCIL:

(a)  that the Council’s Constitution be amended to reflect the proposed changes as set out in the Portfolio Holder’s report and the appendices attached hereto;

(b)  that the previously approved provisions (i) and (ii), as set out below, should be discontinued:-

(i)    Members who were following the proceedings of a meeting via the public ‘live stream’ should inform Officers that they were doing so via an email to democratic services or to the contact Officer listed on the agenda for that meeting and that they should send a second email when they have ceased to follow the proceedings; and

(ii)   in order for that attendance referred to in (i) above to ‘count’ such attendance must be for a minimum period of time e.g. 30 minutes.

(c)   that all changes come into effect on 28^th April 2021 i.e. the day after the Annual Meeting of the Council.

2.      RESOLVES that:

(a)  the Standards Committee be requested to examine whether a change to the Members’ Code of Conduct is required in relation to Members’ Declarations of Interest in virtual meetings and that, in the meantime, the Monitoring Officer be requested to issue a guidance note to Members to re-iterate that Members should adhere to Paragraph 9 of the Code and should withdraw from the meeting connection/link at the appropriate juncture; and

(b)  the views and wishes expressed by the Review of the Constitution Portfolio Holder Working Party in relation to Members’ training and development be endorsed and that the Head of Democratic Services & Elections be requested to take all necessary action to implement those wishes as soon as possible.”

Councillors White, Bray and Harris addressed the Council during the debate on this item.

It was moved by Councillor G V Guglielmi and:-

RESOLVED that –

(a)    the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A to F to item A.3 of the Report of the Monitoring Officer;

(b)   the previously approved provisions (i) and (ii), as set out below, should be discontinued:-

(i)      Members who were following the proceedings of a meeting via the public ‘live stream’ should inform Officers that they were doing so via an email to democratic services or to the contact Officer listed on the agenda for that meeting and that they should send a second email when they have ceased to follow the proceedings; and

(ii)   in order for that attendance referred to in (i) above to ‘count’ such attendance must be for a minimum period of time e.g. 30 minutes.

(c)   all changes come into effect on 28th April 2021 i.e. the day after the Annual Meeting of the Council; and

(d)    Cabinet’s decisions in respect of the following be endorsed namely:-

(i)    that the Standards Committee be requested to examine whether a change to the Members’ Code of Conduct is required in relation to Members’ Declarations of Interest in virtual meetings and that, in the meantime, the Monitoring Officer be requested to issue a guidance note to Members to re-iterate that Members should adhere to Paragraph 9 of the Code and should withdraw from the meeting connection/link at the appropriate juncture; and

(ii)   that the views and wishes expressed by the Review of the Constitution Portfolio Holder Working Party in relation to Members’ training and development be endorsed and that the Head of Democratic Services & Elections be requested to take all necessary action to implement those wishes as soon as possible.