To consider the Council’s new constitution. 

(Note: the latest draft of the Constitution is currently being finalised and printed, and will be sent under separate cover.  Please bring your copy with you to the meeting.)

Wards: County Wide

The interim Head of Law and Governance presented a report about the Constitution  which went to Council on 13 November 2009.  She said that Council had approved the new Constitution in principle and made the following resolutions:

            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.

The Chairman had some concerns about the degree to which the Committee could comment at this stage on whether the new Constitution would promote high standards of conduct within the Council.  He noted that the Code of Corporate Governance was not included within the current version of the Constitution. He also enquired whether the Codes developed by the Committee in respect of the following were compliant with the ne Constitution:

·         Members Code of Conduct;

·         use of Council Resources by Members;

·         use of ICT;

·         Confidential Reporting Code;

·         Code on Gifts and Hospitality; and

·         the Planning Code

The interim Head of Law and Governance advised that there was no disparity between the Codes and the new Constitution and that if any changes were forthcoming, they would be subject to the views of the Standards Committee in the first instance. She outlined the further work to be done on the Constitution in conjunction with the Council’s Constitution Review Working Group, particularly Part 8.  She also explained that there was also further work to be done on the Planning Code regarding the role of Ward Members arising from the change to a single Planning Committee instead of a Planning Committee and three Area Planning Sub-Committees.

Having considered various aspects of the new Constitution and noted the arrangements for Member training and the further work to be done by the Constitution Review Working Group, the Committee was of the view that it did not have sufficient information available to it to make recommendations at this stage.  It was requested that a further report be presented to it setting out exactly what needed to be looked at.

RESOLVED:  (unanimously) that the consideration of the new Constitution be deferred for the time being pending the submission of a further report from the Interim Assistant Chief Executive Legal and Democratic giving further clarification.