Issue - meetings

Amendments to the Constitution

Meeting: 15/11/2017 - Democracy Committee (Item 45)

45 Amendments to the Constitution pdf icon PDF 74 KB

Additional documents:

Minutes:

The Interim Deputy Head of Legal Partnership introduced a report outlining proposed amendments to the Council’s constitution. It was noted that:

 

·  The council did not have a provision in the constitution to prevent motions rescinding a previous decision that had recently been carried at Full Council within six months, unless the notice was signed by a minimum number of members (the ‘six month rule’). This provision was in the DCLG Model Constitution and had been adopted by all other neighbouring authorities.

·  The report recommended that amendments to the budget at the budget decision meeting be submitted in advance (one clear working day before the meeting), so that Officers can check to ensure the proposed amendments would result in a balanced budget.

 

·  Members were asked to consider whether removing some of the standing items (as outlined in rule 2 of the Council’s procedure rules) from a budget meeting was deemed appropriate, with the intention that it gave more time for the budget to be debated fully at the council meeting.

 

The Committee considered the report and made the following observations:

 

·  The six month rule was sensible in order to provide stability in council decision making

 

·  In line with many of the other neighbouring authorities, the number of Councillors required to sign a notice to rescind a motion within six months should be a third of all Councillors.

·  Standard items should not be removed from budget decision meetings as those items may relate to the budget itself.

 

RESOLVED:That

 

1.  Council is recommended to approve an amendment to the Council Procedure Rules to insert the ‘six month rule’ with regards to motions as set out in paragraph1.8 of the report and to agree the number of members required to sign the notice of motion is a third of all councillors.

 

2.  Council is recommended to approve the proposed amendment to the Council Procedure Rules with regards to the submission of amendments to the budget decision meeting of Council as set out in paragraph 1.13 of the report.

 

3.  Business conducted, as proscribed in rule 2 of the Council’s procedure rules, should not be limited in any way at a budget decision meeting.

4.  Council is recommended to instruct the Monitoring Officer to make the agreed changes to the Constitution.