
Issue - meetings
Amendments to the Constitution
Meeting: 31/01/2024 - Democracy and General Purposes Committee (Item 74)
74 Amendments to the Constitution PDF 141 KB
Additional documents:
Minutes:
The
Director of Strategy, Insight and Governance introduced the report
and outlined that there was a list of minor amendments to be
implemented using the Monitoring Officer’s delegation, and
eight other proposals for consideration by the Committee. Specific
attention was drawn to:
- Change
2 – Motions of Notice (Council), which had two options for
amendment and would allow the Mayor to
use discretion to deal with motions at Council;
- Change
6 – Visiting Members, which concerned the right of Visiting
Members to attend meetings moving into Part II proceedings, with
additional wording suggested to allow the most senior officer
present to advise the Chairman in the absence of the Monitoring
Officer.
The Committee considered each of the other proposals individually:
1.
Cancellation of Meetings – Agreed;
2.
Motions on Notice (Council) – The Democratic
and Electoral Services Manager clarified that the changes proposed
would allow motions to be dealt with at Council without referral to
Cabinet or a Policy Advisory Committee, which it cannot currently
do. In response to a query on option B, he stated that the proposer
could not be advised on how the motion would be determined, as this
was for the Council to decide. The Committee agreed that Option B
was suitable.
3.
Petition Scheme – Agreed;
4.
Members as Substitutes on Committees –
Agreed;
5.
Notice of Meetings and Business to be discussed
– Agreed;
6.
Visiting Members – amendment to Rule 7.3.7 to
read: on the advice of the Monitoring Officer or, in their
absence, the most senior officer present at the meeting,
Agreed;
7.
Protocol for receiving Overview and Scrutiny
Committee Reports - Agreed; and
8.
Protocol on Honorary Alderman – Several
Members were hesitant to include ‘exceptional
circumstances’ as it could be misinterpreted and should be
evident that it is not taken lightly. The Democratic and Electoral
Services Manager advised that there was no clear legal position on
Honorary Aldermen being appointed posthumously, but the wording
would allow flexibility. The Committee agreed to recommend the
change, as it would prevent the Council from acting against its own
policy.
RESOLVED: That
- The
use of the Monitoring Officer’s delegation to amend the
Constitution as outlined in Appendix 1 to the report, be noted;
and
- Council be recommended to approve the amendments as detailed in
Appendix 1 to the report to:
- Part
C1 (Rules of Procedure), Rule 2.5 (Cancellation of
Meetings);
- Part
C1 (Rules of Procedure), Rule 12.9 (Motions of Notice) in
accordance with Option B;
- Part
C1 (Council Procedure Rules), Appendix A: The Council’s
Petition Scheme;
- Remove
the unnumbered paragraph following Part C2 (Committee Procedure
Rules), Rule 2.5.3;
- Part
C2 (Committee Procedure Rules), Rule 5 (Notice of Meetings and
Business to be discussed);
- Part
C2 (Committee Procedure Rules), Rule 7.3.7 to read:
‘on the advice of the Monitoring Officer or, in their absence, the most senior officer present at the meeting’;
- Part
C2 (Committee Procedure Rules), Paragraph 13.3; and
- Part E3 (Protocol on Honorary Alderman), Paragraph 2.4.
- Part
C1 (Rules of Procedure), Rule 2.5 (Cancellation of
Meetings);