Agenda item
Review of the Amended Constitution OSC23-011
- Meeting of Overview and Scrutiny Committee, Monday, 20th February, 2023 7.00 pm (Item 10.)
- View the background to item 10.
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
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.
Supporting documents:
- OSC23-011 Review of the Amended Constitution, item 10. PDF 86 KB
- 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