Agenda item

Report of Corporate Director – Commercial Development, Assets and Investment & (Interim) Monitoring Officer

Purpose of report

This report presents to Council the recommendations of the Overview and Scrutiny Committee for changes to the Constitution and for procedures for its annual review.  

Recommendations

The meeting is recommended to agree the following proposals from the Overview and Scrutiny Committee: 

Rules of debate:

1.1          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;

1.2          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):

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

1.4          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:

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

1.6          to maintain the current word limit for amended motions as 250 words

Process for dealing with motions with budgetary implications:

1.7          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

1.8          to allow amendments to motions deferred for budgetary reasons to be amended when resubmitted to Council

Motions without notice/procedural motions:

1.9          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:

1.10       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):

1.11       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:

1.12       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)

1.13       to introduce a finish time of 11 pm 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:

1.14       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

1.15       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)

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

Terminology and glossary:

1.17    to introduce a glossary to the Constitution to bring clarity to members of the public, officers and councillors

1.18    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)

1.19   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:

1.20       to introduce an annual review of the Constitution whereby

i)               At its October and December meeting, the Overview & Scrutiny Committee will consider and make recommendations to Full Council for agreement in December, (with the potential for the Committee to convene a Constitution Review Working Group to offer advice if appropriate)

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

Council is further recommended:

1.21      to note that the Monitoring Officer will amend the Constitution to reflect the decisions of Council.

1.22      to note the areas being reviewed by the Monitoring Officer under delegated authority (as set out in paragraph 3.3). 

Resolved

Rules of debate:

(1)           That no changes to the current process as regards the order of speakers in a debate be made but the Constitution 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)           That no change be made 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)           That the length of speeches for proposers and proposers of amendments be reduced to five minutes (from current 10 minute).

(4)           That the length of speeches for seconders, seconders of amendments and all other speakers be reduced to three minutes (from current 5 minutes).

Deadlines for submitting amendments to motions:

(5)           That no changes be made to the existing deadlines (5pm, two working days before the meeting).

(6)           That the current word limit for amended motions as 250 words be maintained.

Process for dealing with motions with budgetary implications:

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

(8)           That amendments to motions deferred for budgetary reasons to be permitted when resubmitted to Council

Motions without notice/procedural motions:

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

Recorded vote:

(10)        That no changes be made 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)        That no changes be made 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)        That the order of business for Full Council be changed 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)        That a finish time of 11pm be introduced for Full Council meetings with the provisos that the meeting will 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)        That remote tools (drones) be allowed in facilitating site visits but it 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)        That the following arrangements be retained 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)        That a ten-minute time limit for non-committee ward members in addressing the Committee be introduced.

Terminology and glossary:

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

(18)        That the following words be used 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)        That following terms continue to be used but contextual clarity (and explanation in the glossary) be provided 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)    That an annual review of the Constitution be introduced whereby

i)               At its October and December meeting, the Overview & Scrutiny Committee will consider and make recommendations to Full Council for agreement in December, (with the potential for the Committee to convene a Constitution Review Working Group to offer advice if appropriate)

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

(21)        That it be noted that the Monitoring Officer will amend the Constitution to reflect the decisions of Council.

(22)        That the areas being reviewed by the Monitoring Officer under delegated authority be noted.  

The Corporate Director – Commercial Development, Assets and Investment & (Interim) Monitoring Officer submitted a report which presented to Council the recommendations of the Overview and Scrutiny Committee for changes to the Constitution and for procedures for its annual review.  

It was proposed by Councillor Copeland and seconded by Councillor Broad that the recommendations relating to the Order of business/finish time for Full Council, recommendation 1.12, 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), and 1.13, to introduce a finish time of 11 pm 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, be deleted from the recommendations.

The amendment having been proposed and seconded was duly debated. In the course of the debate it was proposed by Councillor Tyson and seconded by Councillor Copeland that a recorded vote on the amendment be taken. Having been proposed and seconded, a recorded vote was duly taken and Members voted as follows:

The vote on the amendment was lost and therefore fell.

Council debated and voted on the recommendations as submitted.

Resolved

Rules of debate:

(1)          That no changes to the current process as regards the order of speakers in a debate be made but the Constitution 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)          That no change be made 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)          That the length of speeches for proposers and proposers of amendments be reduced to five minutes (from current 10 minute).

(4)          That the length of speeches for seconders, seconders of amendments and all other speakers be reduced to three minutes (from current 5 minutes).

Deadlines for submitting amendments to motions:

(5)          That no changes be made to the existing deadlines (5pm, two working days before the meeting).

(6)          That the current word limit for amended motions as 250 words be maintained.

Process for dealing with motions with budgetary implications:

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

(8)          That amendments to motions deferred for budgetary reasons to be permitted when resubmitted to Council

Motions without notice/procedural motions:

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

Recorded vote:

(10)       That no changes be made 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)       That no changes be made 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)       That the order of business for Full Council be changed 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)       That a finish time of 11pm be introduced for Full Council meetings with the provisos that the meeting will 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)       That remote tools (drones) be allowed in facilitating site visits but it 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)       That the following arrangements be retained 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)       That a ten-minute time limit for non-committee ward members in addressing the Committee be introduced.

Terminology and glossary:

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

(18)       That the following words be used 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)       That following terms continue to be used but contextual clarity (and explanation in the glossary) be provided 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)     That an annual review of the Constitution be introduced whereby

i)             At its October and December meeting, the Overview & Scrutiny Committee will consider and make recommendations to Full Council for agreement in December, (with the potential for the Committee to convene a Constitution Review Working Group to offer advice if appropriate)

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

(21)       That it be noted that the Monitoring Officer will amend the Constitution to reflect the decisions of Council.

(22)       That the areas being reviewed by the Monitoring Officer under delegated authority be noted.