Agenda item

(a)   Report of the Chairman of the Overview and Scrutiny Committee;

 

(b)   Reports of the Overview and Scrutiny Committee (if any); and

 

(c)   Reports (attached) of the Constitution & Member Services Scrutiny Panel on:

 

(i)  Audit & Governance Committee – Review of Constitution Article 11

 

(ii) Complaints Panels – Jurisdiction

 

(iii) Substitution Arrangements  

 

(a)        Report of the Chairman of the Overview and Scrutiny Committee

 

The Council received a written report from Councillor Morgan, the Chairman of the Overview and Scrutiny Committee.

 

(b)       Reports of the Overview and Scrutiny Committee

 

The Chairman announced that there were no reports to be considered under this item.

 

(c)        Reports of Overview and Scrutiny Panels

 

(i)      Report of the Constitution and Member Services Scrutiny Standing Panel – Audit and Governance Committee – Review of Constitution Article 11

 

Mover:   Councillor Sartin, Chairman of the Panel

 

Councillor Sartin sought leave of the Council to change the wording of recommendation (1)(e) to read "co?opted members of the Committee to be subject to the same attendance standards as apply to councillor members of the Committee during their terms of office as set out in paragraph (b)(iii) above".  The Council approved this change.

 

The Council noted the legal requirement under the Local Government and Housing Act 1989 for the adoption of the recommendation concerning the removal of the requirement for the three seats for councillors on the Committee to be allocated according to pro rata rules to be approved with no member of the Council voting against.

 

Report as amended ADOPTED

 

            RESOLVED UNANIMOUSLY:

 

            (1)        That the following alterations to the terms of reference of the Audit and Governance Committee as set out in Article 11 of the Constitution be approved:

 

            (a)        removal of the requirement for the three seats of councillors on the Committee to be allocated according to pro rata rules;

 

            (b)        inclusion of new membership requirements for the three councillor seats, namely:

 

            (i)         that the seats should be allocated so they are not all drawn from one political group and are also open to councillors who are not affiliated to any political group;

 

            (ii)        that the three councillors concerned should be appointed on the basis of experience, aptitude and interest on the recommendation of the Council's Appointments Panel;

 

            (iii)       that formal attendance standards be operated in respect of the three councillor members when re?appointment is under consideration by the Council's Appointments Panel;

 

            (iv)       that the Chairman and co-opted members of the Audit and Governance Committee be consulted informally about the appointment or re?appointment of councillors at the appropriate time;

 

            (c)        appointment of the Chairman and Vice-Chairman to be the responsibility of the Committee rather than the Annual Council meeting;

 

            (d)        the offices of Chairman and Vice-Chairman of the Committee to be open to councillors or co?opted members on an equal basis provided that where the Chairman is a councillor, the Vice-Chairman shall be one of the co?opted members and vice versa;

 

            (e)        co?opted members of the Committee to be subject to the same attendance standards as apply to councillor members of the Committee during their terms of office as set out in paragraph (b)(iii) above;

 

            (f)         co-opted members to serve for overlapping terms of three years subject to the following conditions:

 

            (i)         a maximum of two consecutive three year terms as of right subject to the attendance review set out in (e) above on an annual basis;  and

 

            (ii)        re-appointment for a third and fourth term to be allowable subject to success in open competition following a public advertisement at the conclusion of the second three year term;

 

            (g)        determination of starting dates for the new three?year terms of office for the existing co?opted members to be delegated to the Audit and Governance Committee; and

 

            (2)        That appropriate revisions be made to Article 11 of the Council’s Constitution.

 

(ii)        Report of the Constitution and Member Services Scrutiny Standing Panel – Members' Complaints Panel - Limits of Jurisdiction

 

Mover:  Councillor Sartin, Chairman of the Panel.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)        That Annex 1 (Section 1) of the Terms of Reference of the Complaints Panel be amended to include the following additional exclusions:

 

            "(n)      where a complainant's claim for financial compensation or reimbursement has already been considered but rejected by an independent body which has the legal authority to determine such claims;

 

            (o)        where the complainant disagrees with a decision made by the Council but has neither suggested nor provided any evidence that there was any administrative fault in the way that decision was made;

 

            (p)        where the only remedy requested by the complainant is financial in nature and the amount requested is less than £150";  and

 

            (2)        That appropriate amendments be made to the Council's Constitution.

 

(iii)       Report of the Constitution and Member Services Scrutiny Standing Panel – Substitutions at Meetings

 

Mover:  Councillor Sartin, Chairman of the Panel

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            (1)        That Operational Standing Order 14 (Non Executive Bodies) be amended as follows: 

 

            (a) by deleting existing paragraphs 14(1) and (3);

           

            (b) by re-numbering existing paragraph 14(4) as paragraph (1); and

 

            (c) by amending paragraph 14(2) to read as shown in the Appendix to these minutes; and

 

            (2)        That appropriate amendments be made to the Council's Constitution.