Agenda item

Report of the County Solicitor & Monitoring Officer (CC9)

A major review of the Constitution took place in 2009.  Since that time the Constitution has generally worked effectively.  The Monitoring Officer is authorised to make changes to comply with the law, give effect to decisions of the Council or to correct or clarify matters for accuracy.

Other changes require the approval of the full Council. Some minor changes, to improve the business and efficiency of the Council, are suggested in this report. The report also specifically reviews the operation of the Council’s Petition Scheme to fulfil Council’s requirement for an annual review of the Scheme.   

Council is RECOMMENDED to:

(a)              Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)              Determine whether or not to maintain a Petition Scheme for Oxfordshire County Council;

(c)               Amend the Councillor Call for Action Rules (Part 9.3, Annex 1) so that the committee hears, in the first instance, from the member concerned and that the consideration of evidence and witnesses occurs if and when the committee agrees to pursue the relevant Councillor Call for Action.

The Council had before them a report on the Review of the Constitution CC9 which suggested minor changes to improve the business and efficiency of the Council and reviewed of the Council’s Petition Scheme, to fufil Council’s requirement for an annual review of the scheme.

The Chairman sought agreement from the Meeting to amend the motion in the following terms (amendment shown in strikethrough and bold italics):

(a)               Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)       to maintain the Petition Scheme for Oxfordshire County Council in its current form;

(b)               Determine whether or not to maintain a Petition Scheme for Oxfordshire County Council;

(c)               Amend the Councillor Call for Action Rules (Part 9.3, Annex 1) so that the committee hears, in the first instance, from the member concerned and that the consideration of evidence and witnesses occurs if and when the committee agrees to pursue the relevant Councillor Call for Action.

It was agreed nem con to accept for consideration the amendment.

Councillor Greene moved and Councillor Seale seconded the recommendations set out in the report and on the face of the Agenda as amended by above.

In response to a question from Councillor Godden on the Annex to the report, Mr Clark undertook to provide a written response to members giving details of the updates and clarifications needed in Part 8.3 of the Constitution.

Councillor Larry Sanders moved and Councillor Sherwood seconded the following amendment shown in bold italics:

(a)               Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)               Determine whether or not to maintain a Petition Scheme for Oxfordshire County Council;

(c)               Amend the Councillor Call for Action Rules (Part 9.3, Annex 1) so that the committee hears, in the first instance, from the member concerned and that the consideration of evidence and witnesses occurs if and when the committee agrees to pursue the relevant Councillor Call for Action;

(d)              This Council instructs the Monitoring Officer to amend the Council Procedure Rules so that the Green Group and the independent member are treated on the same terms as the other groups on the Council as regards the order in which motions on notice are included on the agenda.”

Following debate the amendment was lost by 51 votes to 3, with 10 abstentions.  The substantive amended motion was then put to the vote and it was:-

RESOLVED:  (nem con)

(a)               Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)               to maintain the Petition Scheme for Oxfordshire County Council in its current form;

(c)               Amend the Councillor Call for Action Rules (Part 9.3, Annex 1) so that the committee hears, in the first instance, from the member concerned and that the consideration of evidence and witnesses occurs if and when the committee agrees to pursue the relevant Councillor Call for Action.