Meeting documents

CDC Constitution Review Committee
Wednesday, 19th December, 2001

2001.12.19 - Constitution Review, Minutes
 

CHILTERN DISTRICT COUNCIL
 

 
 

MINUTES of the Meeting of the CONSTITUTION REVIEW COMMITTEE
 

 
 

held on 19 DECEMBER 2001
 

 
 

 
 

PRESENT:

Councillor

D W Phillips

-      Chairman

 

 

 

 

 

Councillor    

J A Banham

 

 

"

A Campbell

 

 

"

T Dodd

 

 

"

P M Jones

 
 

           
 

 
 

APOLOGIES FOR ABSENCE were received from Councillors Miss P Appleby, Ms J E Bramwell and Mrs H S Matthews.
 

 
 

 
 

IN ATTENDANCE:  Councillor Mrs E P Stacey.
 

 
 

 
 

12.     MINUTES
 

 
 

The Minutes of the meeting of the Committee held on15 November 2001, copies of which had been previously circulated, were signed by the Chairman as a correct record.
 

 
 

 
 

13.     DECLARATIONS OF INTEREST
 

 
 

     There were no declarations of interest made by Members at this point in the meeting.
 

 
 

 
 

14.     REVIEW OF THE CONSTITUTION
 

 
 

The Committee was reminded that at its meeting on 15 November 2001, a number of matters had been raised requiring the drafting of amendments to the Constitution.  The officers’ report considered by the Committee addressed those requested amendments and introduced further suggestions for Members to consider.  
 

 
 

It was noted that the Financial Procedure Rules had not been amended and no suggested amendments had been made to the Protocols.  Officers drew the Committee’s attention to amendments suggested to:-
 

 
 

     (1)     Articles of the Constitution:-
 

 
 

          (a)     11.2 and 11.4 - Functions of the Head of Paid Service
 

 
 

          (b)     13.5 (3) Common Seal of the Council
 

 
 

 
 

     (2)     Roles and Responsibilities – Council Functions that may be referred or delegated
 

 
 

 
 

     (3)     Executive Portfolios
 

 
 

 
 

     (4)     Compensation, Terms of Reference, Delegations to Standing Committees and Sub-Committees of the
 

Council: -
 

 
 

          (a)     Licensing and Regulation Committee
 

 
 

          (b)     Planning Committee (substitute Members permitted)
 

 
 

          (c)     Homelessness Committee
 

 
 

          (d)     Scrutiny Committee
 

 
 

          (e)     Best Value Sub-Committee
 

 
 

          (f)     Scrutiny Sub-Committee
 

 
 

          (g)     Standards Committee (Delegations)
 

 
 

          (h)     At the end of Planning Committee (Delegated Powers) a note to be drafted concerning
 

substitutions and the procedure for appointing substitutes
 

 
 

 
 

(5)     Rules of Procedure – Council Procedure Rules:-
 

      
 

          (a)     Duration of Meeting – The Committee discussed whether to delete Rule 8 concerning the
 

duration of the meeting and agreed to recommend its abolition.
 

 
 

          (b)     Allocation of Executive Functions (1.(vii))
 

 
 

          (c)     Minutes and recommendations of the Executive (2.(viii))
 

 
 

          (d)     Questions by Members - Members discussed “Executive Question Time”.  It was noted that
 

this could not be an “open time” for questions but it was recognised that the submission of Executive Minutes and Executive Question Time should be kept separate and distinct.  There were suggested amendments to:
 

 
 

?     9.1  (a) and (b)  -  Questions by Members
 

 
 

?

11 - Motions Without Notice, delete “(r) that the meeting continued beyond three hours in  duration”.
 

 
 

(e)

Substitute Members - Suggested amendments to the Rules on Substitute Members were submitted and slightly amended by suggesting that substitutes can be appointed up to 5 pm on the day of the meeting.
 

 
 

(f)     Petitions – A new Rule 24 concerning Petitions was submitted.
 

 
 

(g)     A new rule concerning the Council resolving itself into Committee was submitted.
 

 
 

(h)

Representations to the Planning Committee – A new rule to take into account suggested changes to allow representations to the Planning Committee was submitted.
 

 
 

 
 

(6)     Executive Procedure rules
 

 
 

          (a)     Executive Decisions - Changes to 2.2
 

 
 

          (b)     Executive Meetings – Changes to 3.1
 

 
 

          (c)     Conduct of Meetings – Changes to 4.1
 

 
 

(d)

Representations by Members and decisions made other than at meetings of the Executive – New Rules 5 and 6 submitted.  
 

 
 

 
 

(7)      Scrutiny Procedure Rules
 

 
 

(a)     Changes to Rule 11 “Call In” suggested.  Further amendment to allow copies of Executive Minutes to be available within four working days.  Further changes to Rules 11.3, 11.4 and 11.6.
 

 
 

(b)

Call In and Urgency – Noting that the effect of 12.2 would require the consequential changes in Rule 11.
 

 
 

          (c)     Rule 14 – Procedure at Scrutiny Committee Meetings.  Changes to 14.1 (2)
 

 
 

 
 

(8)     Budget and Policy Framework Procedure Rules
 

 
 

          (a)     New Rule 5.2
 

 
 

(b)

Rule 8 -     Contracts Procedure Rules - Attention was drawn to Rule 1, General Principles, where, in Rule 1.9 it was suggested that the Executive should also have power to suspend compliance with the Contract Procedure Rules and that where action is taken in an emergency situation, this must be reported to the Council.
 

 
 

 
 

(9)     Officer Employment and Procedure Rules
 

 
 

The meeting was advised that under new Regulations, the Council cannot “appoint” the Head of Paid Service but must consult with the Executive.  An amendment to this effect would be drafted.
 

 
 

 
 

(10)     Scheme of Delegation
 

 
 

(a)

Noted that amendments be drafted to the General Powers to the Chief Executive and Heads of Service.
 

 
 

(b)

Delegations to the Director of Corporate Services to include the Award of Discretionary Rate Relief; raising the power to write-off debts to £5,000 and extending the power to accept variation or surrender of leases.
 

 
 

(c)

Delegation to the Head of Engineering and Contract Management to include footpaths and highway matters, including consultation with outside bodies on Highways, the Definitive Map and on Footpaths.  It was noted that this delegation should be extended to require consultation with local members.  A further delegation to be drafted concerning the Countryside and Rights of Way Act.
 

 
 

 
 

(11)     Codes of Conduct
 

 
 

It was noted that changes to the Codes of Conduct would need to be drafted, to be submitted to a future meeting after consideration by the Standards Committee.
 

 
 

 
 

 
 

 
 

 
 

RECOMMENDED –

 

1.

 

 

2.

 

 

That the amendments to the Constitution be incorporated in a revised Constitution and approved.

 

That following approval, revised copies of the Constitution be issued to all Members and placed on deposit for public inspection.
 

 
 

 
 

 
 

The meeting ended at 9 p.m.