Decision details


Constitution Review

Decision Maker: Overview and Scrutiny Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Resolved

 

That the following changes to the Constitution be recommended to Full Council:

 

Rules of debate:

(1)           to make no changes to the current process as regards the order of speakers in a debate but to clarify that the seconder can speak at any point if they have reserved their right and that this does not mean they must be the penultimate speaker;

 

(2)           to make no change to the existing rule that once the proposer of a motion or amendments begins summing up, no further speakers will be heard

 

Length of speeches (including all committees):

(3)           to reduce the length of speeches for proposers to and proposers of amendments to five minutes (from current 10 minute)

(4)           to reduce the length of speeches for seconder, and seconder of amendments and all other speakers to three minutes (from current 5 minutes);

 

Deadlines for submitting amendments to motions

(5)           to make no changes to the existing deadlines (5pm, two working days before the meeting)

(6)           to maintain the current word limit for amendment to motions as 250 words

 

Process for dealing with motions with budgetary implications

(7)           to encourage members to submit motions early and discuss with officers to enable a review in the light of budgetary implications, with the introduction of a threshold of “£10,000 or more” to inform what “significant” means in terms of the current budget or capital expenditure

(8)           to allow amendments to motions deferred for budgetary reasons to be amended when resubmitted to Council

 

Motions without notice/procedural motions:

(9)           to make no changes to the current arrangement that a procedural motion, once proposed and seconded, requires only a simple majority to succeed

 

Recorded vote:

(10)        to make no changes to the current arrangement that a request for a recorded vote needs only a proposer and seconder to succeed

 

Public addresses (not Planning Committee)

(11)        to make no changes to current arrangements for

i)               public speakers to register by noon on the working day before the meeting

ii)              five minutes per public speaker

iii)            no time limit on the number of public speakers or the time allowed for the public address item

 

Order of business/finish time for Full Council

(12)        to change the order of business for Full Council so that motions are taken after questions and reports (noting that the Constitution allows the Chairman to amend the order of business in any case in any given instance)

(13)        to introduce a finish time of 11pm for Full Council meetings with the provisos that the meeting would not stop mid-way through an item; the Chairman of the Council has discretion to continue the meeting to conclude business if, in the opinion of the Chairman this would be appropriate; and, that any motions not considered would be carried forward to be considered at the next scheduled Full Council meeting.

 

Planning Committee

(14)        to allow remote tools (drones) in facilitating site visits but to be clear that this does not replace the option for physical site visits and any such footage and usage should be approved by Planning Officers to ensure impartiality

(15)        to retain current arrangements whereby

i)               there is no separate slot for councillor questions of clarification to the officer after a presentation of a planning application

ii)              County councillors are allowed to speak as members of the public (i.e. no separate right to speak)

(16)        to introduce a ten-minute time limit for non-committee ward members in addressing the Committee

 

Terminology and glossary

(17)    to introduce a glossary to the Constitution to bring clarity to members of the public, officers and councillors

(18)    to achieve consistency within the Constitution by using the following words:

          i)        Executive (not Cabinet)

ii)              Chairman of a meeting (with the proviso that a person chairing a committee may call themselves by whichever term e.g. Chair)

iii)            Resident (rather than citizen)

(19)         to continue to use the following terms but provide contextual clarity (and explanation in the glossary) for the use of each:

i)               Councillor and member

ii)              Chief Executive and Head of Paid Service

iii)            Chief Finance Officer and S151 Officer

 

Annual Review of the Constitution

(20)       to introduce an annual review of the Constitution whereby

i)               At its October and December meetings, the Overview & Scrutiny Committee will consider and make recommendations to Full Council to agree in December

ii)              Such a review to include a notice of any changes made in year under officer delegations to reflect legislation and transfers of functions 

iii)            Any significant changes would be submitted to Full Council as necessary for consideration

 

Report author: Steve Jorden, Glenn Watson

Publication date: 04/12/2020

Date of decision: 01/12/2020

Decided at meeting: 01/12/2020 - Overview and Scrutiny Committee

Accompanying Documents: