minutes

The Minutes of the Meeting held on 28th October 2010 (Minute Nos. 455 - 457) were taken as read, approved and signed by the Chairman as a correct record.

declarations of interest

No interests were declared.

part a minutes for confirmation by council

constitution review

The interim Head of Legal outlined the report to the Committee and explained the way in which the papers had been produced. There were a number of working papers for the Members to also consider which set out advice, and in some instances, more detail of the proposed changes to the Constitution.

The Committee considered the report and appendices page by page. The main points of discussion are set out below.

protocol regarding outside body appointments

A discussion ensued regarding the suggested protocol for making appointments to Outside Bodies, in particular regarding the production of an annual report by those Members appointed; whether those Members who did not produce reports should be entitled to be appointed the subsequent year; and the suggested procedure for reviewing the number and list of appointments to Outside Bodies.

budget and policy framework

The Committee discussed the proposals to amend the Budget and Policy Framework and did not consider that all of the proposed policies should be included in the Budget and Policy Framework.

scrutiny

It was confirmed that there would be further work to develop a protocol for Councillor Call for Action, as part of a wider review of scrutiny arrangements. At this time, however, it was important to make appropriate legislative amendments to the Constitution.

local engagement forums

There was some debate regarding the review of Local Engagement Forums and the results of the survey being made available to all Members.

article 13 - decision making

The interim Head of Legal outlined the power available to allow individual decision making by ward members, and advised that there would need to be further work to develop a protocol if Members were minded to implement such a power. During the discussion, the interim Head of Legal explained the difference between the terms 'Council' and 'Council function' and 'Executive' and 'Executive functions', and advised that a glossary would be included in the Constitution. Members asked that full descriptions were included in future reports.

Members considered that it would be interesting to explore individual decision making further, however, recognised that it should not be the highest priority in the Constitution review.

part 3 - responsibility for functions

Members agreed that it would be useful to have a diagram to show the split between Council, Executive, Scrutiny and Officer functions. It was confirmed that Council functions could only be delegated to a Committee, Sub-Committee or to an Officer; however, Executive functions could be taken by an individual Cabinet Member.

It was suggested that if Group Leaders wished to change their membership to Committees throughout the year, that delegation should be given to the Democratic and Electoral Services Manager to agree such appointments, in consultation with Group Leaders. This was supported as it would avoid the need to wait for approval by full Council.

(Post Meeting Note - it is suggested that the delegation will be added to the interim Head of Legal who will in turn delegate to the Democratic and Electoral Services Manager).

officer delegations

The Committee considered the proposed amendments to Officer delegations page by page, which had been updated to reflect the current structure of the Council, with proposed updates where considered necessary. Several amendments were suggested in respect of the proposed delegations, as set out below.

Chief Executive
No. 2 - to reflect that this applied to staff below Head of Service level, subject to further advice from the interim Head of Legal
No. 14 - addition of the word 'transparency' after 'to deal with...'
No. 23 - this would remain in place but there may be a review of arrangements for conference approval.

Directors
No. 2 - addition of the word 'donate or' before 'write off'.
No. 7 - update to reflect any further advice from the interim Head of Legal.

Corporate Services Director
No. 13 - there was discussion regarding this delegation and the impact of the decision at the previous Council meeting regarding the amendment of the Constitution. It was clarified that the intention of Members was for this delegation to remain in place.

Head of Economy and Community Services
Members asked for this list to be reviewed with a view to presenting as delegations rather than a list of tasks for the post.

Head of Planning
No. 2 (d) - addition of the words 'and Members of Staff'.

council procedure rules

There was some discussion regarding the proposal to include a report on a strategic theme at Council meetings, however this was not supported. It was suggested, however, that the current provision for a themed debate should be modified to reflect that a) the timescale for Members to suggest a topic for a themed debate should be moved to the previous Council meeting and b) at the end of the debate, Members may have the opportunity to make a recommendation to the Cabinet or appropriate Committee.

Members did not support the proposal that Members should provide paper copies of any amendment to a motion or recommendations on reports but did agree that there should be a full report on matters that were being recommended to the Council for approval.

attendance at cabinet meetings/access to information procedure rules

The Committee considered the advice of the interim Head of Legal in respect of confidential and exempt information.

Due to the lateness of the meeting, it was agreed that the Committee would consider the remaining business at its next meeting.