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DEMOCRACY AND GENERAL PURPOSES COMMITTEE |
23 November 2021 |
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Governance Arrangements Working Group Update |
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Final Decision-Maker |
Council |
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Lead Head of Service |
Angela Woodhouse, Head of Policy, Communications and Governance And Jayne Bolas, Monitoring Officer |
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Lead Officer and Report Author |
Angela Woodhouse, Head of Policy, Communications and Governance |
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Classification |
Public
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Wards affected |
All |
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Executive Summary |
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This report provides an update on the Governance Arrangements Working Group and the planned approach for the drafting of the new constitution.
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Purpose of Report
Noting and Decision
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This report makes the following recommendations to this Committee: That |
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1. The Governance Arrangements Working Group membership be amended to add Councillor Munford and Hastie to ensure all groups of the Council are represented. 2. The proposed approach and timetable to the drafting of the new constitution be noted.
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Timetable |
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Meeting |
Date |
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Democracy and General Purposes Committee |
26 January 2022 |
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Democracy and General Purposes Committee |
16 February 2022 |
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Democracy and General Purposes Committee |
9 March 2022 |
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Council |
13 April 2022 |
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Governance Arrangements Working Group Update |
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1. CROSS-CUTTING ISSUES AND IMPLICATIONS
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Issue |
Implications |
Sign-off |
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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
The constitution will ensure effective decision-making processes in place linked to our strategic priorities.
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Head of Policy, Communications and Governance |
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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
The constitution will ensure effective decision-making processes in place linked to our strategic priorities.
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Head of Policy, Communications and Governance |
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Risk Management |
Covered in the risk section at 5.
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Head of Policy, Communications and Governance |
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Financial |
Changing governance arrangements could have financial implications both in terms of member remuneration, the support and advice required to change (i.e., drafting a new constitution) and staffing required to support the change as well as potentially additional ongoing cost to provide and support the new model.
It is proposed that the cost for the new constitution will be met from reserves.
Proposals for any budget growth required will be considered as part of the process of setting a budget for 2022/23.
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Section 151 Officer & Finance Team |
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Staffing |
The proposed model will lead to an increase in the staffing support required from democratic services as there will be an increase in the number of committees and meetings in the model proposed. Committees are appointed by Council and as such may be subject to change.
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Head of Policy, Communications and Governance |
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Legal |
The Localism Act 2011 amended and inserted Part 1A of the Local Government Act 2000. The provisions enable a Council to operate one of three permitted forms of governance:
(a) Executive arrangements; or (b) A committee system; or (c) Arrangements prescribed by the Secretary of State.
The executive arrangement may consist of a ‘executive’ leader and cabinet under the 2000 Act, section 9C(3); or the directly elected mayor and cabinet model of governance under section 9C(2). The executive may not exceed 10 members of the Council, to include the Leader and/or Mayor.
The executive arrangement of a Council must include provision for the appointment of one or more overview and scrutiny committees to review and scrutinise executive decisions made, or other action taken – LGA 2000, section 9F.
The 2000 Act divides the functions into Council functions, local choice and executive functions. The allocation of functions is prescribed under the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended). Anything not listed in these regulations is an executive function.
The Council is required to have an up-to-date written Constitution setting out how the Council conducts its business, who takes which decisions and how to work with the Council. The Constitution should contain the Council’s Standing Orders, the Code of Conduct, information required by the Secretary of State and other information as the Council considers appropriate – section 9P LGA 2000.
The proposals in this report and the appendix are in accordance with the statutory requirements.
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Head of Legal Partnership |
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Privacy and Data Protection |
No impact. |
Corporate Insight, Communities and Governance Manager |
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Equalities |
The recommendations do not propose a change that will require an equalities impact assessment.
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Corporate Insight, Communities and Governance Team |
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Public Health
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We recognise that the recommendations will not negatively impact on population health or that of individuals.
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Head of Policy, Communications and Governance |
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Crime and Disorder |
No implications. |
Head of Policy, Communications and Governance |
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Procurement |
There will be a need to procure external legal advice to assist with the development of the constitution.
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Head of Policy, Communications and Governance |
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Biodiversity and Climate Change |
The implications of this report on biodiversity and climate change have been considered and none have been found.
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Biodiversity and Climate Change Manager |
2. INTRODUCTION AND BACKGROUND
2.1 In September 2021 Council approved the new model of executive governance proposed by Democracy and General Purposes Committee. As part of the proposal, it was agreed that the Governance Arrangements Working Group would continue to operate and review the redrafted significant parts of the constitution prior to Democracy and General Purposes recommendation to Council for adoption.
2.2 This report sets out the proposed approach for the working group in completing that work and a suggestion to broaden its membership to ensure all groups have the opportunity to input into the drafting of the new constitution.
3. AVAILABLE OPTIONS
3.1 On the 30th of June 2021 meeting of the Democracy and General Purposes Committee, it was agreed that a Working Group would be formed to develop the new executive arrangements. The Membership for the Governance Arrangements Working Group (the Working Group) as follows:
Councillor Purle (as Chairman)
Councillor Blackmore (as Vice-Chairman)
Councillor Perry
Councillor English
Councillor M Rose
Councillor Munford (non-voting co-opted member)
3.2 To ensure all groups on the Council can contribute to the drafting of the new constitution it is proposed that Councillor Munford be formally added from the independent group and Councillor Hastie be added from the newly formed Maidstone Group.
3.3 To take forward the development of the constitution an external expert has been engaged to advise and assist the working group in drafting the new constitution Simon Goacher, a partner at Weightmans LLP.
3.4 The following approach has been identified for drafting the new constitution:
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Topic |
Working Group Meetings |
DGP - Committee |
Council |
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Leader and Cabinet
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Framework 11 November 2021 and 2nd Meeting TBC November
Draft Constitution Sections considered by working group on 9 December 2021
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26 January 2022 (publication on 18 January 2022) |
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Member Rights
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Framework – 16 December 2021
Draft Constitution considered by working group on13 January 2022
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16 February 2022 (publication on 8 February 2022) |
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Remaining Constitution |
Draft Constitution considered by working group on 17 February 2022 |
9 March 2022 (published on 1 March 2022) |
13 April 2022 (published on 5 April 2022) |
4. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS
4.1 The Committee is asked to note the proposed approach and timetable for the development of the new constitution. Whilst changing the Council’s model of governance to an executive model will necessitate rewriting/new sections of the constitution several parts will remain unchanged. The timetable proposed reflects this with several meetings set identified to debate changes needed and consider wording ahead of drafting the new document and that being considered by this committee and then full Council
4.2 The proposed amendment to the working group membership will ensure that all groups are represented and allow cross council involvement in drafting the new constitution.
5. RISK
5.1 To mitigate risk the monitoring officer has engaged external legal support for the development of the constitution.
6. CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK
6.1 Democracy and General Purposes through the governance arrangements working group have been involved in the development of the new executive model as a Member-led process. Consultation has previously been carried out via councillor survey as part of the development of the new model and this will inform the development of the new constitution.
6.2 Council approved the next steps for developing the new executive model of governance at its meeting in September as outlined below:
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Activity |
Date |
Purpose |
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Publication of Proposals |
October 2021 |
Publish Proposals and required notices |
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Working Group |
October 2021 to March 2022 |
Develop Constitution |
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Officers |
October 2021 onwards |
Officers to develop staffing to support new arrangements ready for 1 May 2022 |
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Panel |
January - March 2022 |
Members Allowance Scheme reviewed |
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DGP |
March 2022 |
Recommend constitution to Council |
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Council |
April 2022 |
Approve Constitution and members Allowance Scheme |
7. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION
7.1 The next steps are set out at 3.4 of this report. As sections of the constitution are drafted they will be submitted to this Committee for approval and the new constitution will be submitted to Council in March 2022.
8. REPORT APPENDICES
None.
9. BACKGROUND PAPERS
Report to Council 29 September 2021 – New Executive Model