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Agenda item

Amendments to the Constitution

Purpose

To consider proposals from the Constitution Working Group for amendments to the Constitution to adopt –

 

·         Amended Articles 7, 8 and 9 to remove the requirement for each political group to provide an annual statement that demonstrates the necessary freedom of its Members from the whipping process on these Committees;

·         Amended Council Procedure Rules to include electronic voting and changes to public questions;

·         Approve the Protocol for Electronic Voting for inclusion in the Constitution;

·         Approve the Protocol for Cabinet Member Decision Making for inclusion in the Constitution.

 

Recommendations

That Council resolves to:

 

a) agree that the following Articles of the Constitution:-

Article 7, The Overview & Scrutiny Committee,

Article 8, The Audit Committee, and,

Article 9, The Planning and Licensing Committee,

are amended with immediate effect to remove the requirement for each political group to present to the Proper Officer, at the start of each municipal year, a statement that demonstrates the necessary freedom of its Members from the whipping process on these Committees.

 

b) approve the amended Council Procedure Rules (section 16) incorporating the provision for electronic voting.

 

c) approve the Protocol for Electronic Voting for inclusion in the Constitution.

 

d) approve the amended Council Procedure Rules (section 10) changing the management of public questions.

 

e) approve the Cabinet Member Decision Meeting Protocol for inclusion in the Constitution.

 

f) delegate authority to the Monitoring Officer to make minor and consequential amendments to the Constitution.

Minutes:

The purpose of the report was to enable Council to consider proposals from the Constitution Working Group for amendments to the Constitution and in particular to adopt, amended Articles 7, 8 and 9 to remove the requirement for each political group to provide an annual statement that demonstrates the necessary freedom of its Members from the whipping process on these Committees, amended Council Procedure Rules to include electronic voting and changes to public questions, approve the Protocol for Electronic Voting for inclusion in the Constitution and approve the Protocol for Cabinet Member Decision Making for inclusion in the

Constitution.

 

Councillor Joe Harris, Leader of the Council introduced the report and summarised the recommendations of the Constitution Working Group following their work updating the Constitution, and proposed an amendment to the original recommendations regarding Electronic Voting and how Public Questions would be handled at Council, Cabinet and Committee Meetings.

 

Council noted that the recommendation to improve openness and transparency by making Individual Cabinet Member Decision Meetings public was made following consultation with other Councils.

 

Council noted that the word ‘ORAL’ more accurately described questions that were spoken and would therefore replace ‘VERBAL’ in the recommendation.

 

Council noted that the aim of permitting only oral questions at Council, Cabinet and Committee Meetings was to simplify the Public Questions process and encourage public engagement.

 

Council noted that the Constitution Working Group would be asked to consider options for Public Questions from those unable to attend meetings in person.

 

Councillor Joe Harris proposed and Councillor Mike Evemy seconded that the following amendments to Agenda item 9: ‘Amendments to the Constitution’ should be agreed

 

*RESOLVED: Council AGREED the following Amendment to Agenda item 9: Amendments to the Constitution

 

A.    Amendment to the proposal on Public Questions:

10.1 Open forum questions at Council, Cabinet and Committees

Members of the public may ask a verbal question followed by a supplementary verbal question up to two ORAL spoken questions at Ordinary Meetings of the Council, Cabinet and Committees. A supplementary question must arise directly out of the original question or the reply.A maximum period of fifteen minutes shall be allowed at any such meeting for open forum questions. Prior notice of verbal questions is not required. The time limit for a verbal question and a supplementary verbal question is one minute …

An answer to an ORAL question or a supplementary verbal question may take the form of…

 

B Amendment to the protocol for Electronic Voting:

E10: DRAFT Protocol for Electronic Voting

Electronic Voting, where available, will be used when votes are taken on resolutions at meetings of Cabinet, and Council and the Planning and Licensing Committee, and at any other meetings of Committees or Sub-Committees that have agreed to utilise electronic voting. Cabinet and Council, and at meetings of any committees that have agreed to utilise electronic voting. Should the technology fail to enable members to vote electronically, the meeting will revert to voting by a show of hands (or roll call for recorded votes).

 

Voting Record – For 20, Against 10, Abstentions 0, Absent 0,

 

Councillor Joe Harris proposed and Councillor Mike Evemy seconded that Agenda item 9: Amendments to the Constitution (including the amendment), should be agreed.

 

RESOLVED: Council AGREED the following recommended ‘Amendments to the Constitution’ *As Amended

a) That the following Articles of the Constitution:-Article 7, The Overview & Scrutiny Committee, Article 8, The Audit Committee, and, Article 9, The Planning and Licensing Committee, are amended with immediate effect to remove the requirement for each political group to present to the Proper Officer, at the start of each municipal year, a statement that demonstrates the necessary freedom of its Members from the whipping process on these Committees.

b) To approve the amended Council Procedure Rules (section 16) incorporating the provision for electronic voting.

*c) To approve the Protocol for Electronic Voting for inclusion in the Constitution.

*d) To approve the amended Council Procedure Rules (section 10) changing the management of public questions.

e) To approve the Cabinet Member Decision Meeting Procedure Rules (section 10) changing the management of public questions.

e) To approve the Cabinet Member Decision Meeting Protocol for inclusion in the Constitution.

f) To delegate authority to the Director of Governance and Development to make minor and consequential amendments to the Constitution.

 

Voting Record – For 21, Against 8, Abstentions, 0, Absent 0,

Supporting documents:

 

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