Issue - meetings

RECOMMENDED:  1)         That the adoption of the draft Council Procedure Rules into Part 4 of the Constitution as set out in the report, to be effective from 1 January 2025, be approved. 

2)            The approval of the Schedule of Substantive Changes to the Constitution and Minor Amendments to Standing Orders set out in the report, to be effective from 1 January 2025 be approved subject to the following amendment:

• The budget meeting rules include a safety valve for amendments on the night if Members vote to allow this
• Notices of Motion - SO 7.9-  the total time limit shall be 60 minutes for the whole item and 30 mins each on the basis that the Mayor can decide to flex this as necessary
• That standing order 34 relating to attendance at Planning Committee by members be updated to require that Members give a brief summary of what they intend  to say under SO34 to the Chair and Dem Services which will be published in advance of the meeting.

3)    That the revised Proportionality be approved.

Reason for Decision

To fulfil the Council’s duty to review and keep its Constitution up to date. 

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The Monitoring Officer presented the report and explained that the report included proposed Council procedure rules and substantive amendments to the Constitution.

She highlighted the key issues which were identified by the Corporate Performance Panel and added this was the work carried out by the Constitution Working Group. She referred to Section 6 of the Council procedure rules which was a budget meeting of full Council, and explained to Members that this would allow one meeting of full Council to focus on the budget. She highlighted 6.7 which contained amendments to the budget decision making, and the process of members and group leaders submitting amendments to the proposed budget prior to the meeting and that they be validated to ensure it was a balanced budget. She added that proposed amendments to the budget would be published for members prior to the meeting to allow consideration.

Budget

The Monitoring Officer outlined the amendments which had been made since the Corporate Performance Panel meeting which included Group Leaders being able to move a budget amendment which could include a number of changes. Included in 6.7.1 was the timing of ten clear working days for the Section 151 Officer to validate the budget amendment. She highlighted 6.7.1.11 which meant the Chief Executive could extend the timescale as referred to in 6.7.1. Additionally, she highlighted 6.7.16 which outlined the validation process of a budget amendment.

Under Standing Order 34, Councillor Long commented that it was limited to Members to propose an alternative budget without being able to use reserves in a different way than Cabinet but acknowledged the reasons for this. 

The Chair, Councillor Beales responded to Councillor Long’s comment and highlighted the statutory duty of the Council to produce an annual budget which was compliant and balanced.  He highlighted there were not reserves to accommodate being used elsewhere. He expressed his concern on 6.7.1.1 and a potential scenario of Council agreeing to a number of the proposals contained in the amendment but not the amendment as a whole. 

The Monitoring Officer responded to the Chair’s question on 6.7.1.1 and advised the proposer of the substantive motion could propose to alternate the substantive motion. She advised that if during the meeting it became apparent the amendment was supported except one proposal then Council would not be able to alter the amendment without the proposer doing so.

Councillor Morley commended the hard work of the Constitution Informal Working Group and the Monitoring Officer on producing a structural framework for a budget meeting. He added as the proposed budget would be submitted 10 clear working days before for the Section 151 Officer to validate, this would prevent the scenario in question occurring. He encouraged proposed budget amendments and asked them to be submitted as soon as the proposed budget was raised.

The Chair, Councillor Beales echoed Councillor Morley’s comments of the hard worked carried out by the Monitoring Officer and the Constitution Informal Working Group.  ...  view the full minutes text for item 74