To seek approval of the Council’s new Constitution.

Please note that Members have been issued with the draft Constitution prior to this agenda.

The Assistant Chief Executive Legal and Democratic set the context for Members regarding the new Constitution stating that Members were being asked to agree on the core content and principles outlined in the report and that there were refinements that needed to be made and a single corporate style and the precise language that needed to be addressed.  Members were advised that the code on the use of ITC was to follow as the current one in the present constitution was just a statement of intent.  It was noted that once it was complete it would be put forward for due process. 

Members were referred to the Access to Information code, the complexities of this area, the rights and responsibilities of the differing groups that have been reflected in the broadest terms, however, comprehensive training for Members would be provided in the New Year.  In referring to the officer functions, forward planning and agenda management, Members were referred to the previous scheme of delegation, which was now covered under the functions scheme.  It was emphasised the need for Members to be better informed on forward planning and this process had already started with a comprehensive agenda planning system.  In addition Members were referred to the two late documents that were tabled at the meeting and to recommendations e) and f) and Members’ approval of the Chairman, in conjunction with the Assistant Chief Executive, to finalise the document on behalf of the Council.  Members were also reminded that Parts 6, 7 and 8 of the constitution were not before them.  Part 6 deals with the Members’ Allowances Scheme and is the recommendation of the Independent Remuneration Panel, Part 7 deals with the Cabinet Member Portfolios which are a matter of fact and will be included at the appropriate time.  Part 8 which will be included once the Crystal mark has be obtained as part of the plain English campaign.

In general Members supported the new Constitution and congratulated officers in producing the document in such a short time and the proposal to put it forward for the plain English campaign Crystal mark.  Some concerns were raised, which it was agreed could be dealt with separately through the Monitoring Officer and/or the Standards Committee and on the basis that further consultation and that the Constitution would be brought back to the February 2010 Council meeting, Members supported the document in principle.  Members were not in agreement to the increase in the financial boundary for key decisions from £500k to £1m.

RESOLVED

            THAT Council:

            a)         agrees that its new Constitution will take effect on 1 January 2010;

b)         confirms the composition and Members of the Planning Committee and asks Group Leaders to review their nominations to reflect geographic diversity and notify the Chief Executive of any changes to the membership of the Committee;

c)         designates its Community Services Scrutiny Committee as its Crime and Disorder Committee;

d)         instructs the Chief Executive to prepare and adopt a scheme of delegation in accordance with the new Constitution by no later than 1 January 2010;

e)         approves the core content and principles in its new Constitution and instructs the Monitoring Officer to:

            i.    complete Parts 6 and 7 of the Constitution before 1 January 2010;

            ii.   complete Part 8 of the Constitution as soon as possible after 1 January 2010;

            iii.  incorporate any amendments agreed by Council into the new Constitution, which includes retaining the financial limit for key decisions at £500k;

            iv.  correct any typographic or other errors; and

            v.   deliver training as appropriate on the new Constitution;

f)          agrees that the Monitoring Officer be authorised to finalise the Constitution in consultation with the Chairman of the Council;

g)         recommends that the Monitoring Officer undertake the following:

            i.    to complete the web-enabling of the Constitution;

            ii.   to review the deferred matters referred to in this report;

            iii.  to consult with the Standards Committee about whether the new Constitution promotes high standards of conduct within the Council;

            iv.  to consult and seek views from partners and the public on the new Constitution;

            v.   present a further report(s) as necessary reflecting that further work; and

            vi.  carry out this work with the Constitutional Review Working Group;

h)         agrees that the Constitutional Review Working Group be retained to assist with such further work as it determines.