Meeting documents

General Purposes Committee
Monday, 16 June 2014

general purposes committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Monday 16 June 2014 from 5:30 pm to 6:50 pm.

Present: Councillor Bowles (Chairman), Councillors Barnicott (substitute for Councillor Gerry Lewin), Derek Conway, Mike Cosgrove, Sue Gent (substitute for Councillor David Simmons), Mike Haywood, Adam Tolhurst, Mike Whiting and Steve Worrall.

Officers Present: James Freeman, Kellie Mackenzie, Libby McCutcheon, Donna Price and Mark Radford.

Also In Attendance: Councillor Ghlin Whelan.

Apologies: Councillors Gerry Lewin and David Simmons.

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minutes

The Minutes of the Meeting held on 3 February 2014 (Minute Nos. 598 - 601) were taken as read, approved and signed by the Chairman as a correct record.

Councillor Bowles reported that with regard to the resolution set out in Minute No. 556 (Urgent Item: Qualifications on the consent to nomination), a response had now been received from the Secretary of State for Communities and Local Government which would be circulated to all Members for information.

 
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declarations of interest

No interests were declared.

 
 

part a minutes for recommendation to council

 
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constitution review

The Committee discussed the proposals that were set out in the working papers for updates to Council Procedure Rules; Scrutiny Procedure Rules; and Revision to Head of Planning delegation.

The Committee considered Working Paper 1 and the proposals for Council Procedure Rules as follows:

Changes to Procedure Rule 1 - Annual Meeting of Council
The Committee considered the proposed changes. Some Members welcomed the appointment of Chairman and Vice-Chairman of all Committees at Council. The Corporate Services Director confirmed that they would be voted on by Members of the relevant Committees only.

Procedure Rule 3 - Ordinary Meetings
Some Members felt that the restructuring of the Council agenda was not necessary and that the current procedure worked well with the Mayor using their discretion. It was agreed that recommendation 3 in the working paper be deleted.

Procedure Rule 14 - Questions by Members
The Committee agreed that recommendation 5 in the working paper be amended to read “A written response to all questions will be published (wherever possible by 5pm on the day before the meeting).

Procedure Rule 15 - Notices of Motion
Following discussions about amendments to the budget, the Committee agreed that the following wording be included to recommendation 5 of the working paper 'Amendments to the budget are to be made in writing and delivered to the Proper Officer by 5pm on the Monday before the meeting'.

Procedure Rules 16 (Motions without Notice) and 17.8 (Motions which may be moved during debate) and 17.9 (Closure Motions)

The Committee also agreed, following a request from a Member, that the Chief Executives objectives for the forthcoming year should be included within Procedure Rule 1.

Working Paper 2 - Scrutiny Procedure Rules
There was some discussion about the election of Chairman and Vice-Chairman and the Corporate Services Director confirmed that in future this would be agreed at Annual Council by the Members of the Committee.

Working Paper 3 - Revisions to Head of Planning delegation
The Committee discussed the proposals and raised concern about the proposals in terms of public and member objections and points were made which included: appreciate should only call-in on planning reasons, but if many residents are opposed then the elected member should have the right to discuss; elected Members had a right to represent their electorate at Planning Committee and should not be blocked by officers; and should include written representation from three separate addresses not just petitions.

It was agreed that the proposed amendment to delegation 2 to the Head of Planning in respect of members of the Borough Council having to provide relevant planning considerations be rejected with all other proposed changes being agreed.

RECOMMENDED:
(1) That the following be added to Procedure Rule 1:

(8) Decide to establish at least one Scrutiny Panel, a Standards Committee and such other Committees/Fora as the Council considers appropriate, deciding their terms of reference and size, deciding the allocation of seats in accordance with political balance rules and appointing Chairman and Vice-Chairman of all Committees of the Council as set out in Part 3.2.1 of the Constitution and Committee members in accordance with nominations from Group Leaders, where applicable and voted on by members of the relevant Committees only.

(12) Any plan or strategy which forms part of the policy framework requiring implementation from the start of the civic year.

(13) Any other urgent item that cannot reasonably wait until the next ordinary meeting of the Council pursuant to Procedure Rule 5.

N.B. This does not mean that any other variations to the policy framework cannot be considered at a later date during the civic year.

(14) Note the Chief Executives objectives for the forthcoming year.

(2) That the reference to informal discussions between the Group Leaders in Procedure Rule 2 is deleted.
(3) That recommendation 3 in the working papers be deleted and that the current procedure be followed with the Mayor using discretion.
(4) That the wording in Procedure Rule 7 “(with the exception of Standards Referral and Review Sub-Committees)” is replaced with “(with the exception of the Standards Hearing Sub-Committee).
(5) A maximum time limit of 30 minutes is introduced for Questions by Members. Questions to be placed on the agenda in order of receipt by the Proper Officer and will be dealt with on that chronological basis at the meeting. A written response to all questions will be published (wherever possible by 5pm on the day before the meeting).
(6) A maximum time limit of 30 minutes debate for each motion is introduced. A revised time limit is introduced for speeches: 5 minutes by the proposer and 3 minutes per speaker including summing up (right of reply). Any consequential amendments to Procedure Rule 17 Rules of Debate will be made to align time limits and length of speeches.

No more than 2 motions per meeting to be accepted and debated at any one meeting and no motions to be accepted, subject to the Mayor's discretion in respect of urgent matters, at key budget decision meetings. The latter are defined as the Budget setting meeting and the meeting setting fees and charges. Motions are to be dealt with on a first come first served basis and in order of receipt by the Proper Officer.

Amendments to the budget are to be made in writing and delivered to the Proper Officer by 5pm on the Monday before the meeting.

The Mayor may agree to late motions, in addition to a maximum of two that have been accepted for debate, being added to the agenda where he/she is of the opinion that they are urgent.

(7) That Procedure Rule 16 is extended to include the wording currently contained in 17.9 (i), (ii) and (iii) and that Procedure Rules 17.8 and 17.9 be deleted.
(8) That an explanatory note is added to Procedure Rule 17.4 relating to the treatment of recommendations in Cabinet or officer reports considered by Council and the current provision is deleted which allows two or more amendments to be discussed together.
(9) That the existing paragraphs in Rule 21 are split into (i) and (ii) and 21(ii) include the phrase that this rule cannot be suspended and that consequential amendments are made to Rule 21 to reflect those Rules which are prescribed and cannot be suspended and regulations relating to recorded votes for Budget decisions.
(10) That the revised Overview and Scrutiny Procedure Rules set out in Working Paper 2 be approved.
(11) That the revised delegations to the Head of Planning, as amended at the meeting, be agreed.
 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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