Decision details

The Governance Task Group has been established to review certain areas of the Constitution. Subject to final evidence gathering, a report will be considered by the Executive in March and Council in April.

RECOMMENDED that:

(i)            That the definition of a Key Decision, set out in Article 14 (14.3.2 – 14.3.4) of the Constitution should remain unchanged.

(ii)          That the membership of the Overview and Scrutiny Committee remain at 15 Members.

(iii)         That the membership of the Licensing and Regulatory Committee be reduced to 12 Members.

(iv)         That Members of the Executive be not allowed to be members or substitutes of the Planning Committee and that the Constitution be amended to reflect this.

(v)          That Members of the Planning Committee be not allowed to participate as Members of the Committee nor vote on any matters that relate to their own Wards and that the Constitution be amended to reflect this.

(vi)         That the role of Ward Members at Planning Committee be changed to strengthen and formalise the role with the ability to make representations on behalf of their Ward constituents, with clarification provided in the Constitution on the following:

a.    Providing any Ward Members with a time-limited opportunity (i.e. 3 minutes per Member with the Chair’s discretion to adjust the time allowed and the frequency of contributions to the meeting) for input on each application considered by the Committee, requesting (but not moving) reasons for refusal* and attendance at site visits.

* A summary of how this would work in practices is:

·         Ward members can request reasons for refusal but not move motions.

·         Reasons for refusal would only be provided to the Member requesting them.

·         The content of those reasons for refusal (requested by ward members) can be put to the Planning Committee during their dedicated speaking slot.

·         The Chairman should maintain an independent role and therefore would not propose reasons for refusal motions on behalf of ward members.

·         Committee members may ask for reasons for refusal to be moved and voted upon, which may include those requested by Ward Members. In the event that no reasons for refusal are moved and the Committee do not agree the Officer Recommendation (e.g. to grant permission) then the matter would stand referred to the next meeting of the Committee for re-consideration.

b.    A reserved seat be provided in the Chamber for use by Ward Members (including Planning Committee Members who are not able to take up their Committee seat if the application relates to their Ward), to advocate on behalf of their Ward on each relevant application.

(vii)       That: (a) the Officer Scheme of Delegation be amended to increase the delegation to the Head of Service with responsibility for Planning to determine applications for commercial works not exceeding 250 sqm; and (b) That it be noted that the principle of referring matters to the Planning Committee, as set out in the Planning Protocol, would apply to a. (above).

(viii)      That the membership of the Planning Committee be broadly representative of the geographic coverage of the Borough and that it be reduced from 19 Members to 15 with a further review 6 months after the first Planning Committee of 2019/20. This review should be carried out by the Governance Task Group in consultation with the Chair and Vice Chair of the Planning Committee.

(ix)         That the membership of the Standards Committee remain at 5 Members and two Co-opted Members.

(x)          That the membership of the Employment Committee remains as set out in the Constitution i.e. 5 Members at least one of which must be an Executive Member.

(xi)         To ensure the Employment Committee makes a positive input to strategic recruitment and cultural development, the following roles and responsibilities be added to the terms of reference for the Employment Committee: (a) Oversight and engagement (with relevant Officers) in respect of the development of the Organisational Development Strategy – which includes the talent attraction/development/retention strategy for staff and the Council’s Management Structure; (b) Establishing a critical friend role in relation to ensuring the Organisational Development Strategy is on track and fit for purpose. This should include consultation around the annual Service and Financial Planning process and Pay Policy Statement; (c) That the application of a. and b. (above) be detailed in an annual work programme to be agreed at the start of each Municipal Year by the Employment Committee.

(xii)       That Annex 1 of Procedure Rule 9 (Officer Employment Rules responsibility for functions) be amended with the following additions: (a) Direct Reports to the Chief Executive be recruited by the Employment Committee (taking into account the advice of the Head of Paid Service); (b) Employment Committee to be consulted and briefed on the disciplinary / dismissal arrangements (including any compensation agreements) for Direct Reports to the Chief Executive; (c) That the wording of “Other Employees*” be amended to clarify that this includes Heads of Service; and (d) That the lead Member of the Executive be consulted and briefed in the recruitment of any Head of Service under their Portfolio.

(xiii)      That the membership, and terms of reference, of the standing “Task Group” be appointed annually at the Annual Council meeting applying the spirit of the political proportionality rules. The Task Group would agree its own Work Programme at its first meeting of the Municipal Year.

(xiv)      That a delegation be provided to reflect the wording set out in Paragraph 12* of the Notes to the Officer Scheme of Delegation (Part 3b of the Constitution) to clarify the Monitoring Officer’s role within the scheme.

*Paragraph 12 - The Monitoring Officer shall determine any issues as to the form and manner of the Scheme’s operation, implementation or interpretation, for example, where clarification is required as to which officers can exercise a delegation or which Executive Member(s) must be consulted, or referred to in paragraph 6. above (ref new legislative provisions).

(xv)       That the Monitoring Officer be authorised to update the Constitution in accordance with the tracked changes set out in Annex 4 to this report, to reflect the recommendations agreed by the Executive.

(xvi)      That a delegation be provided to the Monitoring Officer to make administrative and consequential amendments to the Constitution arising from the key principles of decisions taken by Council both in response to this report and any other adjustments to clarify points in the Constitution that do not change the key principle of its origin. The Governance Task Group Members would be consulted on the proposed changes two weeks in advance of their publication for any comments.

RESOLVED that:

(i)            Chair training be provided to all line Committee Chairs, Vice Chairs, Mayor and Deputy Mayor.

(ii)          All Employment Committee Members (including Substitute Members) to receive appropriate mandatory Member Learning and Development on equality and diversity in employment and related recruitment matters (e.g. fair recruitment processes, interviewing skills, etc.) in advance of sitting as a member of the Committee to ensure they can positively contribute to the Committee and the development of the Council’s culture.

(iii)         All Executive Members to receive mandatory Member Learning and Development on equality and diversity in employment and recruitment matters.

(iv)         In addition to the mandatory Licensing and Regulatory training at the start of the Municipal Year, all Licensing and Regulatory Committee Members should attend “refresher training” half way through the year.

(v)          A standing cross-party “Task Group” be established to provide a Forum for the continued review of governance matters by the Council.

(vi)         That the Planning Committee be requested, at its first meeting of the 2019/20 Municipal Year, to review its Planning Protocol to consider introducing wider scope for questioning / speaking at meetings (including the public) and to reflect, subject to Full Council approval, Recommendations vi(a). and vi(b). above.

(vii)        The request for the arrangements for Licensing and Regulatory Sub-Committee Chairs remaining at 5 (the existing number) be considered by the Licensing and Regulatory Committee at its first meeting of the 2019/20 Municipal Year.