Agenda item

            The Chairman, Councillor Mrs Yeates, will present the Minutes from the Constitution Working Party meeting held on 29 June 2020.  There are recommendations at:

 

o   Minute 5 [Proposed Constitutional Update to Part 6 – Other Procedure Rules – Section 6 – Standing Orders Relating to Purchasing, Procurement, Contracts and Disposals – to view the Officer’s report and Appendix  – please click on this link – Report and Appendix showing amendments

o   Minute 6 [Virtual Meeting Procedure Rules] – to view the Officer’s report and Appendix – please click on this link - Report and Appendix showing amendments

o   Minute 7 – Constitutional Review – There are no reports to view as this was a verbal update – the Appendix 1 that requires Full Council approval is attached to the Minutes from this meeting

            The Chairman, Councillor Mrs Yeates, presented the Minutes from the meeting of the Constitution Working Party held on 29 June 2020.

 

            Councillor Mrs Yeates alerted Members to the first set of recommendations at Minute 5 [Proposed Constitutional Update to Part 6 – Other Procedure Rules – Section 6 – Standing Orders Relating to Purchasing, Procurement, Contracts and Disposals] which she duly proposed.  The recommendations were then seconded by Councillor Mrs Gregory.

 

            In considering the recommendations, a request was made that all references to the EU in the Constitution would be updated.  An assurance was made that the ongoing review of the Constitution would action this request.

 

            The Council

 

                        RESOLVED – That

 

(1)  the proposed changes to the Constitution at Part 6 Procedure Rules (Other) Section 6 Purchasing, Procurement, Contracts and Disposals as set out in Appendix 1, to be attached to the minutes to be approved;

(2)  Part 4 (Officer Scheme of Delegation) Section 3 (Group Heads) paragraph 2.1 of the Constitution is updated to allow the Group Head of Corporate Support to approve the use of Framework Agreements and Dynamic Purchasing Systems (DPS); and

(3)  The interim Monitoring Officer be authorised to make any further consequential changes to the Constitution.

           

            Councillor Mrs Yeates then alerted Members to the next set of recommendations at Minute 6 [Virtual Meeting Procedure Rules] which sought approval to make further adjustments to amend the virtual meeting procedure rules to allow for public participation at Full Council and Cabinet meetings and meetings of the Development Control Committee. The recommendations also proposed changes to the substitution arrangements for meetings. The recommendations were seconded by Councillor Mrs Gregory.

 

            In considering the recommendations, a request was made to introduce Public Question Time for the Bognor Regis and Littlehampton Regeneration Sub-Committees as it had been understood that that this was forming part of the review of the Constitution.  This request was proposed by Councillor Brooks and was then seconded by Councillor English.

 

            In debating this proposal, it was outlined that currently in the Constitution, Public Question Time only applied to the Cabinet and Full Council and so this proposal should not be treated as an amendment. As it was a complete change to current policy, it was suggested that the request be considered by the Constitution Working Party as it formed a complete change to the Public Question Time Rules already in place.  This statement was supported by the Interim Monitoring Officer.  Having received, this advice, Councillor Brooks confirmed that he was happy to withdraw the proposal as long as the matter be reviewed by the Constitution Working Party.

            As part of the continuing debate, several Points of Order were put forward and further questions asked. 

 

            The Council

 

                        RESOLVED

 

The following changes be made to the Council’s virtual meeting procedure rules at Section 5 of the Constitution as follows:

(1)  Rule 10 – Substitution – Rule 10.1 being amended to 10.00 am on the day of the meeting for all meetings;

(2)  Rule 12 – Public Question Time – removal of Rule 12.2 as reinstating the public to ask questions in person and Rule 12.3 being amended so that if a question is asked in person, the questioner has the right to ask a supplementary

(3)  Rule 13 – Public Speaking at the Development Control Committee – Rules 13.1 and 13.2 being amended to allow the public and Ward Members to speak in public.

(During the course of the discussion on this item, Councillor Brooks declared a Personal Interest as Vice-Chairman of the Bognor Regis Regeneration Sub-Committee)

 

            During this item, the Chairman called a short adjournment for a comfort break.

 

            Councillor Mrs Yeates referred Members to a long list of recommendations at Minute 7 (Constitution Review – Update) which she formally proposed.  The recommendations were seconded by Councillor Mrs Gregory.

 

            In debating the recommendations, concern was expressed over the proposed membership size of the new Service Committees.  Councillor Bower confirmed that he had difficulty in accepting the Committee sizes being recommended, as they had to be based upon the political balance of the Council and so should be determined next May before the Annual Meeting of the Council.  He therefore proposed an amendment to Recommendation (2) which was that this matter be referred back to the Constitution Working Party for further review.  This amendment was seconded by Councillor Gunner.

 

            The Chief Executive was invited to comment.  He reminded Members of the tight timetable in place to complete this review in time to implement the change in governance structure from a Cabinet to a Committee system in May 2021. Any delay in implementing decisions ran the risk of this review not being completed in time, especially in terms of the challenges that the Council was facing as a result of Covid-19. 

 

            The Interim Monitoring Officer was asked to give advice in relation to Councillor Bower’s amendment.  She confirmed that this did not form a valid amendment to Recommendation 2 as it consisted more than a slight change to what was being proposed.  In response, Councillor Bower confirmed that in accordance with Council Procedure Rule 15 d) he proposed to refer the matter to an appropriate body or individual, this being the Constitution Working Party, to allow Committee size to be properly determined. This proposal was seconded by Councillor Cooper.

 

            In debating this proposal, there were Councillors who spoke against it as they were of the view that the issue of Committee size had been thoroughly considered at the Working Party and should not be liked with proportionality.  The review of the Constitution needed to work to its very tight timetable to ensure that a revised Constitution was in place for May 2021. 

 

            As part of the continuing debate on this item, various Points of order were put forward and statements were made.

 

            Those speaking against the Motion, outlined that it was totally permissable and correct to set Committee size at this stage in the review and as part of process in changing the Council’s governance structure.  The issue of proportionality was separate and would be looked at by the Monitoring Officer ahead of the Annual Council Meeting in 2021. It was essential to agree Committee size now to keep to the schedule of work for this review on track.

 

            Those speaking in support of the Motion could not understand why the need to confirm the size of the new Committees was being rushed through.  The Committee size of 9 for the Corporate Policy and Performance Committee was felt to be too small and did not provide a good cross representation of Members representing the District.  There was also concern expressed that the two Regeneration Sub-Committees would be desolved under the new structure and reassurance was requested that this would not be the case.

 

            Following further lengthy debate and Points of Order raised, Councillor Dr Walsh proposed a Motion without Notice that the question be now put and this was seconded by Councillor Dixon.  The Chairman continued with the item and invited Councillor Cooper to speak as seconder to the Motion.  

 

            Councillor Cooper outlined that as a Member of the Constitution Working Party, he had questioned the Chief Executive on what the consequences would be if some aspects of the review slipped.  The response provided had been that there was time for further review as most sections of the Constitution would be brought before Full Council in November 2020.  The issue of Committee size was a minor detail and so did not need to be rushed through.  Councillor Cooper’s main concern was inclusivity which could not be achieved with memberships of 9 or 11. 

            Councillor Bower, as proposer of the Motion, confirmed that at no point did the discussion at the Working Party justify why Committee size needed to be confirmed now.  He believed that the entire District needed to be properly represented on all of the new Service Committees.

 

            On the Motion to defer the matter back to the Constitution Working Party being put to the vote, this was NOT CARRIED.

            The Chairman invited debate on the substantive recommendations. 

            Concern was expressed over the proposal to have an 8 weekly cycle of meetings, it was felt that this would not work.  Comments were made that the idea behind the new Committee structure was to give back-bench Councillors more say on how the Council was run.  What was being proposed would only reduce back-bencher’s capabilities and would close down Councillor involvement.  Other Councillors argued against this viewpoint.

 

            Questions were again asked about the future of the two Regeneration Sub-Committees. The Chief Executive confirmed that this had not yet been determined by the Working Party.  Each of the Service Committees could establish their own Sub-Committees to work on specific service areas.  In response to comments made on adopting an 8 weekly cycle of meetings, this proposal had been based upon the amount of agenda items covered over recent years.  The Council currently operated an 8 weekly cycle of meetings.

 

            The Council

 

                        RESOLVED – That

           

(1)          The amendments made to the Committee structure, as set out in Appendix 1, attached to these minutes, be approved and as set out below:

           

            Corporate Policy and Performance to lead on:

o   Budget preparation and monitoring

o   Medium Term Financial Strategy

o   Capital Strategy (rather than Corporate Support)

o   Major emergency response (regular updates on emergency planning to continue to report into the Environment and Neighbourhood Services Committee)

 

            Corporate Support

o   Extending the reference to Elections to cover electoral reviews to reflect that this Committee will take over the functions of the Electoral Review Sub-Committee

 

            Full Council

o   Clarifying current constitutional requirements that the Council will lead on all constitutional changes through reports from the Constitution Working Party

 

Audit & Governance Committee

o   Removing Constitution as the Constitution Working Party will continue and will feed direct into Full Council

 

(2)          the size of the Corporate Policy and Performance Committee be 9; the size of all other remaining Committees, including Regulatory Committees be 11, apart from the Development Control Committee, the decision on its membership size being deferred until the outcome of the independent planning review and recommendations for any change were known;

 

(3)           the frequency of meetings for the new Committee structure be as set out below:           

 

o    Corporate Policy and Performance – one meeting a cycle (= 5 meetings per year)

o    Corporate Support – quarterly (= 4 in a year)

o    Planning policy – one meeting per cycle (= 5 meetings per year)

o    Residential and Wellbeing Services – one meeting per cycle (= 5 meetings per year)

o    Environment & Neighbourhood Services – one meeting per cycle (= 5 meetings per year)

o    Economic – quarterly (= 4 times a year)

o    Full Council – 5 meetings per year plus one Special Council for the Budget

o    Audit & Governance would be reviewed further in the future

o    All other regulatory Committees to remain as they are

 

(4)          the appointment of the Chairman and Vice-Chairman of Committees follow current rules with these being made at the Annual Council Meeting.