Agenda item

Report by the County Solicitor and Monitoring Officer (CC12).

In April 2013, the Council adopted new governance arrangements which came into effect following the May 2013 elections.  The Council asked its Monitoring Officer to review the effectiveness of these decision-making arrangements a year after their coming into operation. In tandem with this, the Monitoring Officer has also undertaken a full review of the Constitution of the Council.

This report sets out the Monitoring Officer’s recommendations with regard to the Council’s governance arrangements and the potential amendments to the Constitution. It outlines the process followed in arriving at these recommendations, summarises the main issues from the review and then sets out the recommendations, in blocks, for Council to determine.

Council is RECOMMENDED to:

(a)          agree that no structural changes be made to the Council’s current decision-making arrangements as implemented following the May 2013 elections;

(b)          approve the changes to the Council’s Constitution outlined in Part A of Annex 1, as follows:

(1)      To amend the Articles of the Constitution

(2)      To amend the Council Procedure Rules

(3)      To amend the Cabinet Procedure Rules

(4)      To amend the Scrutiny Procedure Rules

(5)      To amend the Members’ Planning Code of Practice

(6)      To delete the Petition Scheme

(c)          confirm agreement with the Monitoring Officer’s intention, under his delegated powers, to make the administrative (tidy-up) changes to the Constitution outlined in Part B of Annex 1;

(d)          ask the Monitoring Officer to make any other administrative changes to the Constitution, under delegated powers, consequent on the Council’s decisions arising from this report;

(e)          ask the Monitoring Officer to provide an index to the Constitution once all changes arising from this report have been made.

In April 2013, the Council adopted new governance arrangements which had come into effect following the May 2013 elections.  The Council had asked its Monitoring Officer to review the effectiveness of these decision-making arrangements a year after their coming into operation. In tandem with this, the Monitoring Officer had also undertaken a full review of the Constitution of the Council.

The Council had before them a report (CC12) which set out the Monitoring Officer’s recommendations with regard to the Council’s governance arrangements and the potential amendments to the Constitution. The report also outlined the process followed in arriving at these recommendations, summarised the main issues from the review and then set out the recommendations for Council to determine.

Council Hudspeth moved and Councillor Rose seconded the recommendations as set out in the report and on the face of the Agenda.

Councillor Brighouse then moved and Councillor Patrick seconded the following amendment (shown in bold italics):

(a)          agree that no structural changes be made to the Council’s current decision-making arrangements as implemented following the May 2013 elections;

(b)          approve the changes to the Council’s Constitution outlined in Part A of Annex 1, as follows:

(a)      To amend the Articles of the Constitution

(b)      To amend the Council Procedure Rules

(c)      To amend the Cabinet Procedure Rules

(d)      To amend the Scrutiny Procedure Rules to require Scrutiny Committees to be chaired by the Opposition.

(e)      To amend the Members’ Planning Code of Practice

(f)       To delete the Petition Scheme

(c)          confirm agreement with the Monitoring Officer’s intention, under his delegated powers, to make the administrative (tidy-up) changes to the Constitution outlined in Part B of Annex 1;

(d)          ask the Monitoring Officer to make any other administrative changes to the Constitution, under delegated powers, consequent on the Council’s decisions arising from this report;

(e)          ask the Monitoring Officer to provide an index to the Constitution once all changes arising from this report have been made.

7 Members by standing in their places required a named vote in accordance with Council Procedure Rule 17.4.1. Voting was as follows:

Councillors voting for the motion (27)

Councillors Purse, J Sanders, Lygo, Dhesi, Curran, Brighouse, Christie, Hards, Price, Beal, Phillips, Patrick, Fawcett, Godden, G. Sanders, Pressel, Tanner, Cherry, Johnston, Hannaby, Howson, Rooke, Harris, Fooks, Webber, Williams, Coates                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

Councillors voting against the motion (34)

Councillors Carter, Tilley, Heathcoat, Stratford, Rose, Hudspeth, Waine, Constance, Hoare, Bartholomew, Bulmer, Mrs Fulljames, Lilly, Lindsay-Gale, Nimmo Smith, Hibbert-Biles, Fatemian, Owen, Langridge, Mathew, Greene, Hallchurch, Gearing, Wilmshurst, Lovatt, Harrod, Handley, Chapman, Billington, Reynolds, Mallon, Sibley, Atkins, Gray

It was accordingly:

Lost by 34 votes to 27.

The substantive motion was then put to the vote and it was carried by 55 votes to 4, with 2 abstentions.

RESOLVED: (by 55 votes to 4, with 2 abstentions) to:

(a)            agree that no structural changes be made to the Council’s current decision-making arrangements as implemented following the May 2013 elections;

(b)            approve the changes to the Council’s Constitution outlined in Part A of Annex 1, as follows:

(1)        To amend the Articles of the Constitution

(2)        To amend the Council Procedure Rules

(3)        To amend the Cabinet Procedure Rules

(4)        To amend the Scrutiny Procedure Rules

(5)        To amend the Members’ Planning Code of Practice

(6)        To delete the Petition Scheme

(c)            confirm agreement with the Monitoring Officer’s intention, under his delegated powers, to make the administrative (tidy-up) changes to the Constitution outlined in Part B of Annex 1;

(d)            ask the Monitoring Officer to make any other administrative changes to the Constitution, under delegated powers, consequent on the Council’s decisions arising from this report;

(e)            ask the Monitoring Officer to provide an index to the Constitution once all changes arising from this report have been made.