Issue - meetings
Amendments to the Constitution - Recommendations of the Constitution Working Group
Meeting: 20/09/2023 - Council (Item 63)
63 Amendments to the Constitution - Recommendations of the Constitution Working Group 
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Purpose
To consider proposals from the Constitution Working Group for
amendments to the Constitution to i) create a Standards Sub-Committee, ii) recruit up to two town or parish Councillors to advise Members in respect of hearings where the subject member is a town or parish councillor, and, iii) a change to the call-in arrangements for Cabinet/Individual Cabinet Member Decisions to reflect a the Council’s political balance arising from the May 2023 local elections.
Recommendations
That Council resolves to:
1) Agree to establish a Standards Hearing Sub-Committee (of the Audit and Governance Committee). This would be a politically balanced 3-member sub-committee with membership appointed by the Committee each year.
2) Instruct the Director of Governance & Development (Monitoring Officer) to recruit up to two town and parish council representatives to act as a non-voting consultee(s) at hearings to determine whether a town or parish councillor has breached their council’s code of conduct.
3) Authorise the Director of Governance & Development (Monitoring Officer) to update i) Part B, Article 8 of the Constitution with consequential amendments to the Audit & Governance Committee’s membership
4) Authorise the Director of Governance & Development (Monitoring Officer) to update Part D6, paragraph 4.13, Overview & Scrutiny Procedure Rules.
Additional documents:
Minutes:
The purpose of this report was to consider amendments to the Constitution.
The Leader of the Council introduced the report and proposed the recommendations.
It was noted that it was important that the Constitution is kept up to date in line with legislation.
The first change outlined was the creation of a Standards Hearing Sub-Committee which was outlined as being good practice for dealing with complaints against District Councillors and Town and Parish Councillors.
It was noted that these hearings are rare but are important for good governance.
It was also highlighted that the recommended two un-paid Town and Parish Councillors would be recruited from a geographical spread and would attend hearings relating to a Town/Parish Councillor in an advisory capacity.
It was noted that the call-in rules were being changed to reflect the outcome of the 2023 local elections.
Councillor Evemy then seconded the item and outlined some points of clarification to the proposals.
It was noted that the terminology was mixed in the report but that the sub-committee would be responsible for undertaking standards hearings whereas general standards matters would remain the responsibility of the Audit and Governance Committee.
It was also noted that the word ‘must’ should replace the word ‘should’ to reflect the requirements of call-in.
It was therefore noted that the call-in rules would become the following;
The power of call-in can be exercised by any three Members of the Committee (who must be from either (i) at least two political groups; or (ii) one political group and a nonaligned (independent) Committee Member, if one sits on the Overview and Scrutiny Committee)
It was asked as to how Town and Parish Councillors would be recruited for participation in the process. The Director of Governance outlined that some ideas had been taken from other local authorities and Gloucestershire Association of Town and Parish Councils (GATPC). It was noted the approach for recruitment had not been formalised, but that the geographical spread would be considered. Once this had been formalised, it would then go back to Members.
It was reaffirmed that the number of people who could exercise call-in could be more than 3, and that this rule was one that the Council had agreed in its Constitution.
RESOLVED: That Council:
1) AGREED to establish a Standards Hearing Sub-Committee (of the Audit and Governance Committee). This would be a politically balanced 3-member sub-committee with membership appointed by the Committee each year.
2) INSTRUCTED the Director of Governance & Development (Monitoring Officer) to recruit up to two town and parish council representatives to act as a non-voting consultee(s) at hearings to determine whether a town or parish councillor has breached their council’s code of conduct.
3) AUTHORISED the Director of Governance & Development (Monitoring Officer) to update i) Part B, Article 8 of the Constitution with consequential amendments to the Audit & Governance Committee’s membership Page 95
4) AUTHORISED the Director of Governance & Development (Monitoring Officer) to update Part D6, paragraph 4.13, Overview & Scrutiny Procedure Rules.
Voting Record ... view the full minutes text for item 63