Agenda item

Report of the Leader

As a vital part of CBC’s governance and a document that needs constant updating, the Leader was delighted to bring forward the next phase of the ongoing review of the council’s constitution, as recommended by the constitution working group.  The paper includes suggested updates to the summary and explanation part of the constitution, the financial rules and limits, the appendices, both the planning code of conduct and probity in licensing documents and the introduction of a budget council meeting protocol, with sections made simpler and more accessible.

She highlighted the following:

-       budget protocol reflects the practice that has been followed by this council at the budget-setting meeting for many years.  Documenting the process makes it more open and transparent to the public and it means that councillors are aware of how the meeting will operate sufficiently in advance.  It also means there will no longer be a need to suspend standing orders;

-       both the planning code of conduct and the probity in licensing documents have been reviewed and approved by the respective committees before coming forward to council.  It is important that these, which sit alongside our code of conduct, are kept up to date and that members abide by them;

-       the main changes to the financial rules reflect the return of finance services from Publica.  Some minor changes to thresholds, identified in the documents, reflect the current economic position and facilitate the principles of good decision making;

-       the review of appendices and a move towards using more links to the website means that we can ensure that information remains up to date and removes duplication.

She thanked Claire Hughes, the Monitoring Officer, and the constitution working group for their hard work in making the document much easier to navigate.

In response to two Members’ questions, the Leader confirmed that the issue of the public question deadline being set before agendas are published, making it impossible for a member of the public to submit a written question on any agenda item, had been raised before and considered by the Constitution Working Group.  She said it was decided not to change the deadline as questions can still be asked by ward councillors.  Although the deadline for Member questions is also before the publication date, Members can ask questions during the meeting.  It was suggested that this is something that the Constitution Working Group might like to look at again.

In debate, Members made the following comments:

-       the update to the Planning Code of Conduct is welcomed – it is easy to read and understand and gives absolute clarity to the roles of Members and Officers.  It would be helpful for the document to be circulated to all Members of Planning Committee as a matter of course;

-       allowing public speakers up to five minutes instead of three is a positive way forward;

-       Another important change is the training regime, which has slipped a little in the last few years but will be more structured going forward, with Planning Committee Members required to attend at least two training sessions a year;

-       All new councillors are recommended to read the constitution – it sets out the way the council operates, and is a living and breathing document which changes with time when necessary;

-       The Licensing Probity Guidance is also important, in particular the changes to lobbying rules.  Any Members with concerns about contentious applications are urged to read the guidance on lobbying to ensure that they are complying with probity guidance – the ways to raise concerns are clearly documented, with the statutory timescales.

The Leader thanked Members for their contributions, and conveyed the thanks of all councillors to all officers this year and wish them a Happy Christmas.

RESOLVED THAT:

1.    the revised Part 1: Summary and Explanation (Appendix 1) is approved;

2.    the budget protocol for inclusion into the Constitution (Appendix 2) is approved;

3.    the updated financial rules (part 4H) is approved;

4.    the revised financial limits in parts 3D and 3E is approved;

5.    the revised Planning Code of Conduct is approved;

6.    the revised Probity in Licensing document is approved;

7.    current appendices A, B, C, E and L are deleted from the Constitution;

8.    authority  is delegated to the Monitoring Officer to make the necessary changes to the Constitution to reflect these decisions.