Issue - meetings

3.00pm

Report from the Director of Law and Governance and Chief Monitoring Officer.

Under the Constitution, the Monitoring Officer is required to monitor and review the operation of the Constitution to ensure that its aims, principles and requirements are given full effect. This includes making recommendations to Council on any necessary amendments.  The Monitoring Officer is authorised to make any changes to the Constitution which are required to:

- Comply with the law

- Give effect to the decisions of Council (or Cabinet, Committees etc.)

- Correct errors and otherwise for accuracy or rectification

Other changes will only be made by Full Council, following a recommendation of the Monitoring Officer.

This report therefore asks the Audit & Governance Committee to consider the changes that will need to be notified and considered by Full Council in March 2018.

The issues are:

- A legal update of the Constitution to clarify the process on the re-election of a leader of the council, to comply with the Local Government Act 2000, for endorsement

- A summary of changes made by the Monitoring Officer in year for the reasons in paragraph 1 above, for noting.

The Committee is RECOMMENDED to:

a)                  endorse the proposed change to the Part 2, Article 6 (‘The Cabinet’) set out in paragraph 5 of this report;

b)                 recommend the adoption of the change in (1) to Full Council; and

c)                  note the changes made to the Constitution by the Monitoring Officer under delegated powers since the last annual Constitution Review report to Council (as outlined in Annex 1).

Recommendations agreed.

Mr Graham introduced the report.  There is one constitutional change for which Council approval is required – the re-election of a leader of the Council.

Mr Graham responded to Members’ questions as follows:

·         Asked if the report should reference the Governance Review in progress, Mr Graham responded that the report focuses on changes he is authorised to make and the one recommendation that requires Council approval.  However, he can add a reference in the final report to Full Council.

·         There is no requirement in law to use gender neutral terms for Council positions such as Chairman but Council itself could decide to change them.

RESOLVED: to

a)            endorse the proposed change to the Part 2, Article 6 (‘The Cabinet’) set out in paragraph 5 of this report;

b)           recommend the adoption of the change in (1) to Full Council; and

c)            note the changes made to the Constitution by the Monitoring Officer under delegated powers since the last annual Constitution Review report to Council (as outlined in Annex 1).