12 ANNUAL REVIEW OF THE CONSTITUTION PDF 355 KB
Report of the Director of Governance, Legal & HR outlining proposed changes to the Constitution.
Additional documents:
Minutes:
Councillor Kaur moved the report of the Director Legal, Governance and HR and Monitoring Officer detailing the Annual Review of the Council’s Constitution and Councillor Fielker seconded.
Amendment moved by Councillor Moulton and seconded by Councillor P Baillie.
The following wording to be “deleted” from the proposals:-
Council Procedure Rules – Executive Business Report
Paragraph 5. It has been proposed by the Leader of the Council that the written Executive Business Report (EBR) for noting currently tabled at every ordinary meeting of Council is converted to a verbal update comprising the 15 minute period for Cabinet Members to do so and the 15 minute period for members to ask questions on matters raised.
Paragraph 6. There is no obligation to present a written, or any, EBR update. Historically it was placed on the agenda some years ago prior to the current live streaming of council meetings and comprehensive use of all forms of “instant” social media, Council communications including the Council’s Twitter account, online mailings etc. By the time the EBR is tabled and considered by Council most matters have already been in the public domain for some weeks or implemented having been previously decided at Cabinet and/or been
publicised widely. It is therefore considered that whilst originally there was
merit in tabling the report that has now passed to a great extent. Additionally,
there is also, of course, an officer resource needed to complete what is often
a very comprehensive noting report and it is considered better use could be
made of this resource.
Paragraph 7. One important aspect which holds the Administration to account is the ability for opposition members to ask questions, without notice, on matters contained in the EBR. This will be retained but it is noted that if there is no written report on the agenda if a certain matter is not mentioned verbally by the Cabinet Member the opportunity to ask a question is lost. However, numerous other avenues to hold the Executive/Administration to account are available including tabled Council Questions as below, the well-honed scrutiny function and, of course, the ordinary use of emails etc outside of formal meetings. The exact wording in the Constitution will be revised following the Council resolution.
Council Procedure Rules - Questions from Members
Paragraph 8. As members will be aware this is a formal opportunity for members to ask written Questions to the Leader of the Council, Cabinet Members, the Lord Mayor and Committee Chairs. The system is comprehensively used but despite revisions to the process and criteria over the years members and officers have never found a system that suits everyone given the divergence of views.
Paragraph 9. It is a core tenet of good governance in a democratic organisation that there are adequate opportunities to hold the Administration to account on matters of major policy and significant budget matters and/or projects. Council Questions are one of those opportunities, others include the scrutiny function and ability for Executive decisions to be “called in”.
Paragraph 10. The ... view the full minutes text for item 12
32 ANNUAL REVIEW OF THE CONSTITUTION PDF 355 KB
Report of the Director of Governance, Legal & HR outlining proposed changes to the Constitution.
Additional documents:
Minutes:
The Committee considered the report of the Director of Legal, Governance and HR and Monitoring Officer detailing the Annual Review of the Constitution which would be presented to the Annual General Meeting of Council for adoption following consideration by Governance Committee.
The Committee noted the proposed changes within the report and referred to the proposals regarding Executive Business Report and Questions from Members.
RESOLVED: that the proposed changes to the Constitution be recommended to Council for adoption.