Issue - meetings
Review of the Constitution
Meeting: 30/03/2023 - Council (Item 7)
Review of the Constitution EXE23-033.
Additional documents:
Minutes:
The Council’s Constitution had been reviewed in recent months, taking onboard feedback received from Councillors to ensure that the new Constitution would be easier to navigate and understand. The Council would ensure that the document became a ‘living’ document, regularly refreshed to ensure it remained up-to-date, relevant and usable. The Leader of the Council, Councillor Barker, introduced the recommendations of the Executive, welcoming the new approach and thanking those involved for their hard work.
A number of the key changes to the Constitution were highlighted by the Leader, including clarification of the process for questions and notices of motion, new standards for dress codes and no longer having to stand to speak at meetings of the Council.
The Councillors welcomed the revised provisions with the Constitution and thanked the officers for their work.
RESOLVED
That (i) the Constitution and all the provisions contained within it be adopted with effect from 5 May 2023; and
(ii) the Corporate Governance Working Group be formally established in accordance with the Terms of Reference included within the body of the Constitution.
Meeting: 23/03/2023 - Executive (Item 7)
7 Review of the Constitution EXE23-033 
PDF 106 KB
Reporting Person – Joanne McIntosh
Additional documents:
- EXE23-033 Appendix 2 - Part 1 - Introduction V1, item 7
PDF 158 KB
- EXE23-033 Appendix 2 - Part 2 - Articles of the Constitution V1, item 7
PDF 352 KB
- EXE23-033 Appendix 2 - Part 3 - 1 Responsibility for functions, item 7
PDF 191 KB
- EXE23-033 Appendix 2 - Part 3 - 2 Management Arrangements, item 7
PDF 108 KB
- EXE23-033 Appendix 2 - Part 3 - 3 Scheme of Delegations, item 7
PDF 167 KB
- EXE23-033 Appendix 2 - Part 3 - 4 Proper Officers V1, item 7
PDF 89 KB
- EXE23-033 Appendix 2 - Part 4 - 1 Standing Orders V1, item 7
PDF 440 KB
- EXE23-033 Appendix 2 - Part 4 - 2 Budget and Policy Framework Procedure Rules V1, item 7
PDF 103 KB
- EXE23-033 Appendix 2 - Part 4 - 3 Standing Orders - Rules of Debate - Flowchart, item 7
PDF 240 KB
- EXE23-033 Appendix 2 - Part 4 - 4 Executive Procedure Rules V1, item 7
PDF 143 KB
- EXE23-033 Appendix 2 - Part 4 - 5 OSC Procedure Rules Amended (Tracked Changes), item 7
PDF 221 KB
- EXE23-033 Appendix 2 - Part 4 - 6 Access to Information Procedure Rules v1, item 7
PDF 147 KB
- EXE23-033 Appendix 2 - Part 4 - 7 Petitions v1, item 7
PDF 223 KB
- EXE23-033 Appendix 2 - Part 5 - 1 Officer Employment Rules V1, item 7
PDF 195 KB
- EXE23-033 Appendix 2 - Part 5 - 2 Code of Conduct for Employees Policy, item 7
PDF 109 KB
- EXE23-033 Appendix 3 - The Constitution - DRAFT, item 7
PDF 2 MB
- EXE23-033 Combined 2023 Terms of Reference, item 7
PDF 297 KB
- EXE23-033A Review of the Constitution - Supplementary Report, item 7
PDF 54 KB
- EXE23-033 Appendix 3 - Updated Clean Copy of The Constitution - DRAFT, item 7
PDF 3 MB
- Webcast for Review of the Constitution EXE23-033
Minutes:
The Leader of the Council, Councillor Barker, introduced a report which recommended to Council the adoption of the revised Constitution following a comprehensive review. The Leader thanked Councillors and Officers for their input through the review engagement process. The Executive was advised that the new Constitution was a living document and had been refreshed, made easier to navigate, and included flowcharts. Attention was drawn to an updated clean copy of the Constitution, and a supplementary report which set out comments from the Overview and Scrutiny Committee at its meeting on 20 March 2023 in respect of Terms of Reference, namely that the requirement for an Opposition Member to be Chairman be removed from Terms of Reference.
The Leader highlighted some of the proposed changes to the Constitution following the review. The Executive was advised of the proposed changes to the Notice of Motion process, which was currently a lengthy procedure. It was proposed that Notice of Motions be submitted earlier to allow the Monitoring Officer or s151 Officer to advise if there was a legal, policy or financial reason why the Notice of Motion could not be considered on the night at Full Council. Should a reason be identified, the Notice of Motion would revert to the Executive and then Full Council. Councillor Dorsett suggested that the proposer of a Notice of Motion be able to request that a Motion be submitted to the Executive. Changes in relation to modernised behaviours at Full Council were highlighted, such as dress codes and no longer standing to speak. Following discussion, it was noted that there were differences in opinion regarding Opposition Members being specified as Chairmen of Task Groups, dress codes and standing to speak at Full Council, and these areas would be debated further at Full Council on 30 March 2023.
It was noted that a Corporate Governance Working Group would be established reporting to the Standards and Audit Committee to ensure the continuous review of the Constitution.
The Executive welcomed the new Constitution which had been streamlined, simplified and would make the decision-making process easier to understand for Councillors, Officers and members of the public.
REcommended to council
That (i) the Constitution and all the provisions contained within it be adopted with effect from 5 May 2023; and
(ii) the Corporate Governance Working Group be formally established in accordance with the Terms of Reference included within the body of the Constitution.
Reason: The revised Constitution will ensure that the Council’s policies and procedures are consistent with delivering good governance.
Meeting: 20/02/2023 - Overview and Scrutiny Committee (Item 10)
10 Review of the Amended Constitution OSC23-011 PDF 86 KB
The Council has taken the decision to review the existing Constitution and the Committee is invited to comment upon the amended Constitution before it is presented to the Standards and Audit Committee, the Executive and Council.
Reporting Person: Jo McIntosh
Additional documents:
- OSC23-011 Appendix 1 - Part 1 - Introduction V1, item 10
PDF 155 KB
- OSC23-011 Appendix 1 - Part 2 - Articles of the Constitution V1, item 10
PDF 353 KB
- OSC23-011 Appendix 1 - Part 3 - 1 Responsibility for functions, item 10
PDF 191 KB
- OSC23-011 Appendix 1 - Part 3 - 2 Management Arrangements, item 10
PDF 108 KB
- OSC23-011 Appendix 1 - Part 3 - 3 Scheme of Delegations, item 10
PDF 167 KB
- OSC23-011 Appendix 1 - Part 3 - 4 Proper Officers V1, item 10
PDF 89 KB
- OSC23-011 Appendix 1 - Part 4 - 1 Standing Orders V1, item 10
PDF 456 KB
- OSC23-011 Appendix 1 - Part 4 - 2 Budget and Policy Framework Procedure Rules V1, item 10
PDF 103 KB
- OSC23-011 Appendix 1 - Part 4 - 3 Standing Orders - Rules of Debate - Flowchart, item 10
PDF 240 KB
- OSC23-011 Appendix 1 - Part 4 - 4 Executive Procedure Rules V1, item 10
PDF 143 KB
- OSC23-011 Appendix 1 - Part 4 - OSC Procedure Rules Amended (Tracked Changes), item 10
PDF 221 KB
- OSC23-011 Appendix 1 - Part 4 - 5 Access to Information Procedure Rules v1, item 10
PDF 147 KB
- OSC23-011 Appendix 1 - Part 4 - 6 Petitions v1, item 10
PDF 221 KB
- OSC23-011 Appendix 1 - Part 5 - 1 Officer Employment Rules V1, item 10
PDF 195 KB
- OSC23-011 Appendix 1 - Part 5 - 2 Code of Conduct for Employees Policy, item 10
PDF 109 KB
- OSC23-011 Appendix 2 - 1 - 473992 - Part 1 - Introduction - CLEAN, item 10
PDF 170 KB
- OSC23-011 Appendix 2 - 2 - 473994 - Part 2 - Articles CLEAN, item 10
PDF 162 KB
- OSC23-011 Appendix 2 - 3 - 474045 - Part3 - Responsibility for Functions CLEAN, item 10
PDF 101 KB
- OSC23-011 Appendix 2 - 4 - 474016 - Part 3 - Management CLEAN, item 10
PDF 117 KB
- OSC23-011 Appendix 2 - 5 - Part 3 - Scheme of Delegations, item 10
PDF 85 KB
- OSC23-011 Appendix 2 - 6 - 474002 - Part 3 - Proper Officers- CLEAN, item 10
PDF 81 KB
- OSC23-011 Appendix 2 - 7 - Part 4 - Standing Orders - CLEAN, item 10
PDF 160 KB
- OSC23-011 Appendix 2 - 8 - Part 4 - Budget and Policy Framework Procedure Rules - CLEAN, item 10
PDF 89 KB
- OSC23-011 Appendix 2 - 9 - 474144 - Part 4 - Executive Procedure Rules CLEAN, item 10
PDF 94 KB
- OSC23-011 Appendix 2 - 10 - Part 4 - Overview and Scrutiny Procedure Rules, item 10
PDF 130 KB
- OSC23-011 Appendix 2 - 11 - 474153 - Part 4 - Access to Information Rules CLEAN, item 10
PDF 117 KB
- OSC23-011 Appendix 2 - 12 - 474155 - Part 4 - Petitions CLEAN, item 10
PDF 119 KB
- OSC23-011 Appendix 2 - 13 - 474051 - Part 5 - Officer Cllr Protocol CLEAN, item 10
PDF 107 KB
- OSC23-011 Appendix 2 - 14 - 474124 - Part 5 - Monitoring Officer Protocol, item 10
PDF 99 KB
- OSC23-011 Appendix 2 - 15 - 474254 - Part 5 - Employee Code of Conduct CLEAN, item 10
PDF 102 KB
- OSC23-011 Appendix 2 - 16 - Planning Code of Practice for Councillors and Officers - CLEAN, item 10
PDF 106 KB
- Appendix 3 - Corporate Governance Working Group Terms of Reference, item 10
PDF 55 KB
- Appendix 4 - Appointments Committee Terms of Reference, item 10
PDF 54 KB
- Webcast for Review of the Amended Constitution OSC23-011
Minutes:
The Committee welcomed Joanne McIntosh, Director of Legal and Democratic Services, to the meeting.
At its meeting on 11 July 2022, the Committee had agreed to recommend that the Constitution should be reviewed, following a Scrutiny Topic Review Selection Form submitted by Councillor Caulfield. Joanne McIntosh had undertaken to redraft the Constitution and had subsequently provided an update to the Committee at its meeting held on 26 September 2022.
The Committee thanked Joanne McIntosh for the amended Constitution and commended the hard work from all contributors in producing the new draft document. Members expressed satisfaction with the modernised format and user-friendly language which would increase its usability, noting that the new draft benefitted from several new sections.
As part of the changes to the Constitution, it had been proposed that a Corporate Governance Group should be set up. The Group’s mandate would be to keep the Constitution under review and report on any recommended updates at regular intervals.
Members provided several recommendations. It was requested that the explanations for Councillor term length, Points of Order and Personal Explanations be clarified and Joanne McIntosh confirmed that these would be addressed. Some Members reaffirmed their view that etiquette at Committee be enforced asked that guidance be reiterated to all Members before the next Council meeting.
Members stressed expectation that the creation of Deputy Portfolio Holders would not equate to an increase in allowance for those Members. Joanne McIntosh confirmed that this was not the intention but was for Councillors to gain experience and share responsibility. Joanne McIntosh advised Members that there was to be a separate review of Councillor allowances at a future date.
The Committee briefly discussed the recently resolved Motion to Council regarding verbatim questions and responses and whether it should be incorporated into the Constitution. Joanne McIntosh advised that the Constitution could not include such level of detail.
The Committee noted that the amended Constitution would in due course be presented to the Standards and Audit Committee, the Executive and finally Council.
Resolved
That the report be noted.