Meeting documents

CDC Constitution Review Committee
Thursday, 15th November, 2001

2001.11.15 - Constitution Review, Minutes
 

CHILTERN DISTRICT COUNCIL
 

 
 

MINUTES of the Meeting of the CONSTITUTION REVIEW COMMITTEE
 

 
 

held on 15 November 2001
 

 
 

 
 

PRESENT:

Councillor

D W Phillips

-     Chairman

 

 

Miss P A Appleby

-     Vice-Chairman

 

 

 

 

 

Councillor

J A Banham

 

 

 

A Campbell

 

 

 

T Dodd

 

 

 

P M Jones

 

 

 

Mrs H S Matthews

 
 

 
 

           
 

IN ATTENDANCE Councillor Mrs E P Stacey.
 

 
 

 
 

APOLOGIES FOR ABSENCE were received from Councillors Ms J E Bramwell and A H Reed.
 

 
 

 
 

1.     ELECTION OF CHAIRMAN
 

 
 

RESOLVED –
 

 
 

That Councillor D W Phillips be elected Chairman of the Committee for the remainder of the Council Year.
 

 
 

 
 

2.     APPOINTMENT OF VICE-CHAIRMAN
 

 
 

RESOLVED –
 

 
 

That Councillor Miss P A Appleby be appointed     Vice-Chairman of the Committee for the remainder of the Council Year.
 

 
 

 
 

3.     DECLARATIONS OF INTEREST
 

 
 

     There were no Declarations of Interest made by Members at this point in the meeting.
 

 
 

 
 

4.     REVIEW OF THE CONSTITUTION
 

 
 

The Committee was reminded that this meeting had been called to review the issues arising since the adoption of the new Constitution by the Council.  Following the adoption of the new Constitution, a number of comments had been made by Members and officers on its operation, and the need to review and update certain rules and procedures.
 

 
 

The report of the officers outlined a number of issues concerning the Constitution, and the Committee was asked to consider the matters raised and to recommend to the Council any changes or amendments which they would wish to see made.  The comments made by Members on these issues were as follows:-
 

 
 

(a)     Urgency Procedure
 

 
 

Members supported the comments made in the officers’ report, but felt that the urgency procedure should be invoked - “in consultation with relevant Members”.
 

 
 

(b)     Articles of the Constitution
 

 
 

The recommendation for amendments to Articles 4.2(10) and 11.4 were approved.
 

 
 

(c)     Responsibility for Functions
 

 
 

The amendments to the functions reserved to full Council to reflect the requirements of the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 and Regulation 10 of the Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2001 were approved.
 

 
 

     (d)     Members of the Executive and Executive Portfolios
 

 
 

The amendments included in the officers’ report to reflect recent changes as the result of budget restructuring and to clarify the “Footpaths” function in the Community First Portfolio were approved.
 

 
 

     (e)     Terms of Reference and Delegations to Standing Committees
 

 
 

A number of suggested amendments to Terms of Reference and delegations to Standing Committees were outlined, including the Licensing and Regulation Committee, where it was suggested that the officers should report back on the ability of that Committee to approve Hackney Carriage fares.
 

 
 

The Committee considered the arguments for and against the use of Substitutes and requested the officers to report back with details of a potential scheme of Substitutes.
 

 
 

The Committee noted that the Scrutiny Ad Hoc Sub-Committee was evolving into a Sub-Committee with its own work pattern.  It was felt that the Sub-Committee should now be reconstituted not as “ad hoc” but as a Standing Sub-Committee.
 

 
 

     (f)     Rules of Procedure
 

 
 

          A number of changes were discussed to the following:-
 

 
 

               ?     Council Procedure Rules
 

 
 

               ?     Executive Procedure Rules
 

 
 

               ?     Scrutiny Procedure Rules
 

 
 

               ?     Access to Information Procedure Rules
 

 
 

               ?     Budget and Policy Framework Procedure Rules
 

 
 

               ?     Contract Procedure Rules
 

 
 

               ?     Officer Employment Procedure Rules
 

 
 

The recommendations and suggested amendments in the officers’ report were considered and the recommendations agreed, subject as follows:
 

 
 

          (1)     Executive Question Time and consideration of Executive Minutes was discussed.  It was
 

suggested that the submission of the Minutes and the questioning of Members should be kept separate and the “Executive Hour” should be a separate item.  It was suggested that the Executive Minutes should be considered prior to Executive Question Time.  It was also suggested that Members of the Council should be able to ask Executive Members to report on particular subjects, rather than the Executive Members themselves choosing what to report upon.  It was agreed that this subject should be the matter of debate at Council meeting and the officers were requested to put an item on the next Council agenda.
 

 
 

(2)

It was felt that the Three-Hour Rule should only apply to Council meetings, and should be dis-applied to the Executive and Committee meetings.
 

 
 

(3)

The suggestion to introduce a new rule dealing with the presentation of petitions was supported.
 

 
 

(4)

The officers suggestion that the Council should be enabled to resolve itself into committee was discussed.  A further report from the officers and a Draft Rule was requested.
 

 
 

(5)

Further discussion took place on whether Executive Portfolio Holders should be able to take non-key decisions, or to be able to take general decisions if within their portfolio.  If Executive Members were allowed to take such decisions, it was felt that some method of logging and disseminating these decisions should be agreed.
 

 
 

(6)

Arising on consideration of possible changes to the Scrutiny Procedure Rules, a number of possible changes to the call-in procedures were outlined.  Members expressed some reservations.  It was felt that consideration of this matter should be deferred to the next meeting.
 

 
 

 
 

5.     NEXT MEETING
 

 
 

It was noted that although a number of items on the agenda still remain to be discussed, in view of the time it was felt that these should be deferred to a further meeting.
 

 
 

RESOLVED –
 

 
 

That this meeting of the Committee be resumed on Tuesday 27 November at 6.30 p.m.    
 

 
 

 
 

 
 

The Meeting ended at 8.46 p.m.
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

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