Agenda and minutes

Constitution Committee - Monday 11 May 2015 3.00 pm

Venue: Members' Room - Shire Hall, Gloucester. View directions

Items
No. Item

8.

Minutes pdf icon PDF 101 KB

To approve the minutes of the meeting held on 4 February 2015.

Minutes:

The minutes of the previous meeting of 4 February 2015 were approved as a correct record and signed by the Chairman.

9.

Public Questions

To answer any written public questions about matters which are within the powers and duties of the Committee.  The closing date/time for receipt of questions is 10.00 am on Tuesday 5 May 2015.  To answer any oral question(s) put by members of the public with the consent of the Chairperson.

 

Depending on the nature of the questions asked it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

Minutes:

No public questions were received.

10.

Members' Questions

To answer any written members’ questions.  The closing date/time for the receipt of questions is 10.00 am on Tuesday 5 May 2015.

Minutes:

No questions from members were received.

11.

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 pdf icon PDF 78 KB

To note the explanatory note from the Department for Communities and Local Government.

Additional documents:

Minutes:

11.1      Christine Wray, Head of Legal Services, informed the Committee that the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015, were laid on the 25 March 2015.  The effect of the Regulations would be to simplify and localise the disciplinary process for the most senior officers of the Council, i.e. the Head of Paid Service, the Monitoring Officer and the Chief Finance Officer. 

 

11.1         In response to a question, the Head of Legal Services clarified that the Regulations would affect only the disciplinary process involved in a proposed dismissal of those senior officers; the process for a suspension would likely be dealt with in accordance with the Council’s usual procedures.

 

11.2      There was a timescale by which local authorities were expected to make the relevant changes to their constitutions.  Further guidance was expected from the Local Government Association, in the very near future, on how the Regulations, which affected the contracts of employment of those senior officers, were to be implemented by local authorities. 

 

11.3      The Committee noted the content of the DCLG Explanatory Note.

 

12.

Appointment of vice-chairs for quasi-judicial committees - Planning, Commons and Rights of Way and Traffic Regulation Order pdf icon PDF 12 KB

To consider the attached report.

Minutes:

12.1    Simon Harper, Head of Democratic Services, explained that at the Council meeting held on 18 February 2015, members had asked that consideration be given to the appointment of vice-chairs for the Council’s quasi-judicial committees.  The quasi-judicial committees being the Planning Committee, Commons and Rights of Way Committee, Traffic Regulation Order Committee and Safety and Licensing Committee.

 

12.2    The Committee acknowledged that situations could arise when the chair had a disclosable pecuniary interest in a particular application and was required to leave the meeting.  There may also be occasions when the chair could not attend a meeting due to illness or other commitments.  This could cause some difficulty, particularly for quasi-judicial committees that were responsible for determining planning, commons and rights of way, traffic regulation order and licensing applications.    Consequently the Committee was of the opinion that that it would be good practice for quasi-judicial committees to appoint a vice-chair.

 

12.3    Members noted that the Council’s Constitution did not currently set out the process for the election of committee chairs and vice-chairs.  The Committee therefore agreed that the Constitution should be amended to make clear the procedure for election of chairs and the election of vice chairs.

 

12.4    RESOLVED TO RECOMMEND TO THE COUNCIL that the new Procedural Standing Order 28 in Part 4 of the Constitution be approved and adopted.

 

13.

Changes to delegated powers and Appointments Committee terms of reference to reflect senior officer review pdf icon PDF 113 KB

The revised Officer Scheme of Delegation is attached showing the changes in red.  The changes to the terms of reference of the Appointments Committee are shown in tracked mode.

Additional documents:

Minutes:

13.1    The Committee considered the changes to the delegated powers and the Appointments Committee terms of reference to reflect senior officer review.

 

13.2    RESOLVED TO RECOMMEND TO THE COUNCIL

 

(a)    That the revised Officer Scheme of Delegation be approved and adopted.

 

(b)   That the revised Appointments Committee terms of reference be approved and adopted.

 

14.

Monitoring Officer change to the Constitution pdf icon PDF 19 KB

To consider the attached report.

Minutes:

14.1    RESOLVED TO RECOMMEND TO THE COUNCIL to ratify the changes to the Constitution made by the Monitoring Officer under delegated powers, regarding the terms of reference of the Pension Board under part 3 (Responsibility for Functions), Section 3.5 of the Constitution.