Agenda item

Report No. COU/SE/14/002

Cabinet Member: Cllr David Ray                   Lead Officer: Joy Bowes

The Portfolio Holder for Resources and Governance introduced this report and reminded members that the Joint Constitution Review Group, consisting of eight members (four from each council) had been set up in the summer. The purpose of the review was to modernise and streamline the constitution and, where possible, to make them the same for both councils.

Members had been invited to a workshop on 10 September 2014 and a brief statement of principles was approved at the last Council meeting on 23 September 2014. Subsequently more detail had been added and circulated to all members for further comments. 

Councillor Ray explained that members of Forest Heath District Council had deferred their decision on the principles at 4.3 and 4.4 of Appendix A. The principle at 4.3 only applied to Forest Heath, but the principle at 4.4, limiting questions and motions on notice to one per member, applied to both councils. A report with further information on these two principles would be taken to their next Council meeting in February. 

Concern was raised by some  members about the proposed removal of reports from individual Portfolio Holders from the council agenda. In response, Councillor Ray explained that members would have up to three alternative ways of questioning portfolio holders at meetings (in addition to contacting them outside of meetings) if reports were removed from council agendas:

• the Leader would still present a written report, to encompass all areas of the council, at the beginning of the agenda;

• Portfolio Holders would be invited to attend scrutiny meetings at least annually as a formal agenda item and members would have the opportunity to ask questions;
• the first agenda item at Cabinet meetings would be an open forum, when members could ask questions.

The Monitoring Officer informed members that, as sections of the constitution were drafted, they would be sent out circulated for comments which would then be reviewed by the Joint Constitution Review Group before the proposed joint council meeting.

In response to questions, Councillor Ray:

• agreed that the Job Description should be amended in the first paragraph to read ‘…your political party, if applicable…’
• explained that the authority delegated to the Monitoring Officer would be clearly defined and would only apply to changes to statutory responsibilities and staffing structures. Any other changes would require Council approval.

On the motion of Councillor Ray, seconded by Councillor Nettleton, and with the majority in favour and four against, it was

RESOLVED: That:

(1)         the principles set out in the final column of Appendix A to COU/SE/14/008 be approved; and

(2)         the principles that the constitution be only as long as necessary and the same for Forest Heath and St Edmundsbury unless differences are essential be approved; and

(3)         delegated authority be given to the Monitoring Officer, in consultation with the Joint Constitution Review Group, to draw up a new Constitution based on the above principles; and

(4)         delegated authority be given to the Monitoring Officer, in consultation with the Head of Paid Service, to amend the Scheme of Delegation to Officers from time to time to reflect changes in statutory responsibilities, staffing structures and so on, so long as those changes do not materially affect the constitution; and

(5)       the new constitution be brought to a joint meeting of both councils for adoption on a date before 7 May 2015; and

(6)       the Ward Councillor Job Description be approved for distribution to prospective borough/district council candidates.