Agenda and minutes

(Director of Governance) To report the appointment of any substitute members for the meeting.

It was noted that there were no substitutions made for the meeting.

(Director of Governance) To declare interests on any items on the agenda.

Pursuant to the Member’s Code of Conduct, Councillor C C Pond declared a non pecuniary interest in the following item of the agenda by virtue of being Chairman of the Joint Parish Standards Committee. He advised that he would remain in the meeting for the consideration of the item:

·         Item 7 Revisions to the Code of Member Conduct

To approve the notes of the last meeting held on 22 September 2015 (attached).

RESOLVED:

That the notes of the last meeting of the Working Group held on 22 September 2015 be agreed.

(Assistant Director of Governance and Performance Management)

(1)        To note the Terms of Reference (attached)

(2)        To consider the Work Programme (attached)

(3)        To receive an update on progress with the redrafting of sections of the Constitution.

(i)            Audit and Governance/Standards Committee

(ii)           Overview and Scrutiny and OS Rules

(iii)          Members Allowances Scheme

(iv)         Contracts Rules

(v)          Remaining Articles

(vi)         Outstanding Reviews

(a)          Terms of Reference

The Working Group noted its Terms of Reference.

(b)          Work Programme

Although not specifically attached to the Working Group Work Programme, a “Master Map” was attached to guide members on the progress being made in regard to the Constitution review.

(i)           Members Code of Conduct

The Standards Committee had referred its comments to this Working Group, any further suggested changes would need to be referred back to the Committee.

(ii)          Member’s Allowances Scheme

The Remuneration Panel had met recently, its Chairman would make a report to Council on 15 December.

(iii)         Item 11 CSO Revisions

The Director of Communities was aiming to bring a revised schedule to the Working Group in January 2016.

(iv)        Local Charter for Parish Councils

The Assistant Director (Governance and Performance Management) advised that this should be removed from the Constitution and referred to the Local Council’s Liaison Committee for consideration. He said that he had been approached by the Town Clerk of Loughton Town Council who had requested that the Epping Forest Association of Local Councils undertake a draft of the charter before submitting to that committee.

(Assistant Director of Governance and Performance Management) To consider:

(1)        A revised Article (14) on Decision Making – draft attached. This draft has been reviewed by the Management Board.

(2)        A draft revised Scheme of Delegation (attached)

Members are reminded to bring their copies of the existing constitution for comparison.

The Working Group received Article (14) Decision Making and the Scheme of Delegation from the Assistant Director (Governance and Performance Management).

Members made progress through these documents making amendments.

RECOMMENDED:

That the revised Article (14) Decision Making and the Scheme of Delegation be recommended to Council for approval.

(Assistant Director of Governance and Performance Management) To consider the attached report concerning proposals for revisions to the Council’s Code of Member Conduct which have been recently been considered by the Standards Committee and approved.

The Working Group are asked to consider the matter and recommend to Council accordingly.

The Working Group received the original Standards Committee report concerning Revisions to the Code of Member Conduct from the Assistant Director (Governance and Performance Management).

It was advised that this revised Code needed approval at Council as soon as possible, therefore it was suggested by officers that amendments made at this meeting could be discussed informally with the Chairman of the Standards Committee for approval without the need to wait for the next committee meeting. However although officers would attempt this there was no guarantee of approval.

In addition Members requested that Paragraph 11.2 Public Perception, “pre-determined” should replace “prejudice.”

RESOLVED:

That the revisions to the Code of Member Conduct be re-submitted to the Standards Committee at the earliest opportunity for approval.

(Democratic Services Manager) To consider the attached report in respect of the review of those sections of the current Constitution relating to the Council’s officers.

The Working Group received a report from the Democratic Services Manager regarding Article 13 (Officers) of the Constitution.

Members made progress through these documents making amendments. However in regard to Appendix 3 Paragraph 4 Briefing of Political Groups it was advised by members that this item had been discussed two years ago at the former Constitution and Member Services Scrutiny Panel. It was felt therefore that no further work was needed as the same recommendations on this particular issue had been approved by Council. The Democratic Services Manager reported that it was interested in incorporating these conventions within a new Article (Access to Information) of the Constitution.

RECOMMENDED:

That revisions to Article 13 (Officers) be considered further at the next meeting of the Working Group.

A redrafted Summary section is attached for approval/Comment

At a previous meeting members requested the development of a glossary of terms used in the new constitution.

A first draft is attached. Members are asked to comment and suggest further entries.

The Working Group received the re-drafted Summary and Glossary from the Assistant Director (Performance Management).

Members supported the re-drafted documents for onward process to Council.

RECOMMENDED:

That the Summary and Glossary be recommended to the Council for adoption.

(Assistant Director of Governance and Performance Management) As members will be aware it is the intention to seek an external review of the summation of the new constitutional arrangements.

A draft instruction is attached for comment.

It is intended that we seek quotations for the completion of this work which it is hoped can be contained within current legal advice budgets.

It is intended that, immediately following the meeting in the new year, the complete draft will be sent for review. The result of that review will be available to members at their meeting on 22 March 2016.

The Working Group was advised by the Assistant Director (Performance Management) that it was intended to seek an external legal opinion on the new draft Constitution.

Members considered and supported a draft instruction to the District Council’s counsel for opinion. It was intended that immediately following the scheduled Working Group meeting in January 2016 the complete draft should be sent for legal review.

RESOLVED:

That the draft instruction to the District Council’s counsel in respect of the draft Constitution be approved.

The next meeting of the Working Group will be held on Tuesday 26 January 2016 at 7.00p.m. in Committee Room 1 and then on:

Tuesday 22 March at 7.00p.m. in Committee Room 1.

The next scheduled meeting of the Working Group was scheduled for Tuesday 26 January 2016 at 7.00p.m. in Committee Room 1.