Issue - meetings

Amendments to the Constitution

Meeting: 31/01/2024 - Democracy and General Purposes Committee (Item 74)

74 Amendments to the Constitution pdf icon 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

 

  1. The use of the Monitoring Officer’s delegation to amend the Constitution as outlined in Appendix 1 to the report, be noted; and

  2. Council be recommended to approve the amendments as detailed in Appendix 1 to the report to:

    1. Part C1 (Rules of Procedure), Rule 2.5 (Cancellation of Meetings);

    2. Part C1 (Rules of Procedure), Rule 12.9 (Motions of Notice) in accordance with Option B;

    3. Part C1 (Council Procedure Rules), Appendix A: The Council’s Petition Scheme;

    4. Remove the unnumbered paragraph following Part C2 (Committee Procedure Rules), Rule 2.5.3;

    5. Part C2 (Committee Procedure Rules), Rule 5 (Notice of Meetings and Business to be discussed);

    6. 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’;

    7. Part C2 (Committee Procedure Rules), Paragraph 13.3; and

    8. Part E3 (Protocol on Honorary Alderman), Paragraph 2.4.