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DEMOCRACY & GENERAL PURPOSES COMMITTEE	19 June 2024

Constitutional Amendments

Timetable
*Meeting*		*Date*
Democracy and General Purposes Committee		19 June 2024
Council		17 July 2024

Final Decision-Maker	Council
Lead Director	Angela Woodhouse, Director of Strategy, Insight and Governance
Lead Officer and Report Author	Ryan O�Connell, Democratic and Electoral Services Manager
Classification	Public
Wards affected	All

Executive Summary
This report outlines a proposed amendment to the constitution and also reports a minor amendment made by the Monitoring Officer for noting.
Purpose of Report Decision

This report makes the following recommendations to this Committee: That:
1. The proposed amendment outlined in paragraph 2.3 be agreed and recommended to Council; and 2. The use of the Monitoring Officer�s delegation to amend the Constitution as outlined in paragraph 2.4, be noted.

Constitutional Amendments

1. CROSS-CUTTING ISSUES AND IMPLICATIONS

Issue	Implications	Sign-off
Impact on Corporate Priorities	The four Strategic Plan objectives are: � Embracing Growth and Enabling Infrastructure � Safe, Clean and Green � Homes and Communities � A Thriving Place We do not expect the recommendations will by themselves materially affect achievement of corporate priorities. However, the Constitution provides a framework for both the Council and the Public to reference in ensuring that decisions are made appropriately, which will support the overall achievement of corporate priorities.	Democratic and Electoral Services Manager
Cross Cutting Objectives	The four cross-cutting objectives are: � Heritage is Respected � Health Inequalities are Addressed and Reduced � Deprivation and Social Mobility is Improved � Biodiversity and Environmental Sustainability is respected We do not expect the recommendations to materially affect the achievement of cross-cutting objectives. However, the Constitution provides a framework for both the Council and the Public to reference in ensuring that decisions are made appropriately, which will support the overall achievement of corporate priorities	Democratic and Electoral Services Manager
Risk Management	See Section 5 of the report.	Democratic and Electoral Services Manager
Financial	The proposals set out in the recommendation are all within already approved budgetary headings and so need no new funding for implementation.	Democratic and Electoral Services Manager
Staffing	There are no staffing implications	Democratic and Electoral Services Manager
Legal	The Local Government Act 2000 requires each Local Authority to have a Constitution which should be kept up to date. The Constitution sets out that, unless a specific exception applies, all changes need to be considered by Democracy and General Purposes Committee before being agreed by Council.� One exception relates to the Monitoring Officer who has delegated authority to make changes to the Constitution which are necessitated by decisions taken by the Council; which remove inconsistency or ambiguity; which are minor; or to effect changes in the law. (Part A1, 7.2)	Democratic and Electoral Services Manager
Privacy and Data Protection	The recommendations do not impact personal information (as defined in UK GDPR and Data Protection Act 2018) the Council processes.	Democratic and Electoral Services Manager
Equalities	The recommendations do not propose a change in service therefore will not require an equalities impact assessment	Equalities & Communities Officer
Public Health	We recognise that the recommendations will not negatively impact on population health or that of individuals.	Democratic and Electoral Services Manager
Crime and Disorder	No implications	Democratic and Electoral Services Manager
Procurement	No implications	Democratic and Electoral Services Manager
Biodiversity and Climate Change	There are no implications on biodiversity and climate change.	Democratic and Electoral Services Manager

2.�� INTRODUCTION AND BACKGROUND

2.1 Democracy and General Purposes have responsibility to regularly review the constitution in conjunction with the Monitoring Officer and recommend proposed changes where significant to the Council.

2.2 One issue identified has been outlined in the table below. The use of the Monitoring Officers� delegation to make a minor correction has also been included so that it is reported to committee as part of its monitoring.

2.3�� Amendment put forward for the Committee to consider:�

Delete point (i) in Part B4 2.2.3 Joint Transportation Board (JTB)� to remove the ambiguity of the bullet point, and the interpretation that it restricts Council�s locus to appoint the Chairman (or Vice-Chairman) that it wants to from the membership of the JTB.

2.4�� Minor Amendments and/or Corrections by Monitoring Officer

Implemented using the Monitoring Officer�s delegation.

Amendment

Location

Part C1, rule 18.2 reference amended to 18.4 to 18.3 (as the correct rule).

Part C1, Rule 18.2

3. AVAILABLE OPTIONS

3.1 Option 1 � approve the recommendations and recommend to Council that it makes the change.� This option will remove ambiguity from the constitution and leave Council to determine the chairman (or Vice-Chairman) of the Joint Transportation Board. �

3.2 Option 2 � Do not recommend any changes to the Council.

4. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1 Option 1 for the reason specified.

5. RISK

5.1 The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council�s Risk Management Framework. The purpose of the change is to add clarity to the process and ensure there is a clear process in place for the removal of the Leader.

6. CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

6.1 The Chairman and Vice-Chairman of the Committee have been consulted on the proposed changes.

7. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

7.1 If the Committee agrees to recommend the amendment in paragraph 2.3 it will be recommended to Council on 17 July 2024 for approval.

8. REPORT APPENDICES

None

9. BACKGROUND PAPERS

None