For Council to consider and approve the adoption of changes to the Council’s Constitution.

The Chairman invited Mr Kevin O’Keefe, Legal Practice Manager to present the report to the Council on the proposed changes to the Council’s constitution.

In considering the report, the following comments were expressed by Members:

Councillor RI Matthews acknowledged that there was a need to reconsider the structure of the Council meetings; however he expressed the view that it was imperative that the public did not feel discouraged from providing an input into the meetings.  Councillor Matthews also stated that the asking of supplementary questions by the public should be considered.

Councillor ARC Chappell suggested to Council that should supplementary questions be considered appropriate for public questions, these could be asked by the relevant ward member.

Councillor A Seldon endorsed the view that the engagement of the public required careful consideration as their participation in the Council meeting would be valid.  He stated that he would consider it appropriate for a member of the public, if present, to be allowed to ask one supplementary question.

Councillor TM James stated that he agreed with the principle of supplementary questions from members of the public, however he emphasised that it would be imperative for meetings to be well-controlled with the protocols strictly adhered to.

Councillor KG Grumbley noted that work was ongoing to revise the constitution and drew Members’ attention to Appendix 3 of the report and specifically page 116, 9.1 in which reference was made to the Training and Awareness requirements of Members in relation to the Members Code of Conduct.  He stated that training and awareness should be specifically referenced in the complementary Officer Code of Conduct.  Consideration also needed to be given to the mechanism by which both Members and Officers formally signed up to the Code of Conduct, and the method by which refresher training was given.  Councillor Grumbley stated that further consideration needed to be given to the language used in the documents to ensure that they were clear and concise and reflected the comments provided.

Councillor RH Smith advised Council that several drafts of the Scheme of Delegation (appendix 2 of the report) had been considered by the Audit and Corporate Governance Committee, and whilst the document under consideration by Council would not be a final version in terms of accuracy, the delegations outlined within the document reflected the firm principles required.

Councillor MD Lloyd Hayes agreed with the suggestion of supplementary questions from the public as long as there was a time limitation.  The Councillor stated that other local authorities did allow differing public participation in both Council and Cabinet Meetings. 

Councillor AE Gray endorsed the views expressed by Councillor Smith and additionally asked whether the Leader would confirm that the integration of Ross-on-Wye’s Infoshop with the Library was considered to be a formal amalgamation or a co-location.

Councillor AM Toon advised Members that she had expressed her concerns to the Assistant Chief Executive, Legal and Democratic that the process for adopting changes to the constitution had not been followed on this occasion.

Councillor SJ Robertson requested that Members be kept informed of future issues relating to possible changes to the constitution as it was imperative that all Members had an opportunity to comment on issues that could be perceived as having a detrimental effect on their role as a local ward leader.

The Leader thanked Members for their constructive comments and advised that they would be taken on board.  He emphasised the view that the constitution needed to be refreshed to ensure that it remained robust and took account of the best practice of other authorities.  The Council’s attention was drawn by the Leader to Appendix 1, page 64 to which the addition of ‘Public Rights of Way’ would be added to paragraph 6.10 to the portfolio of the Cabinet Member Highways and Transportation.

RESOLVED THAT COUNCIL:

         (a)     adopts for inclusion in the Constitution a revised Part 6 The Executive, which reflects the changes to the Cabinet portfolio structure (including the addition of ‘Public Rights of Way’ to paragraph 6.10);

         (b)    notes the need to amend the Constitution’s Part 8 Standards Committee to reflect the Standards Committee’s extended remit.  A formal recommendation for adoption is included in the Standards Committee report at Agenda Item 12.

         (c)     adopts for inclusion in the Constitution a new Part 12 Officers’ Responsibilities (Scheme of Delegation);

         (d)    adopts a new Appendix 12 Protocol for Member/Officer Relations;

         (e)    adopts a new Appendix 14 Code of Conduct for Employees; and

         (f)     adopts for inclusion in the Constitution revisions to section 4.24 of the Constitution which refers to Questions and Petitions from members of the public as outlined in paragraphs 9-11 of the report.