Agenda item

1.

Question from Peter Sayers to the Leader of the Council, Councillor Steve Jordan

 Why, in the rules pertaining to the calling of an Extraordinary Meeting

2015_07_02_CWG_Appendix_5_Committee_Rules , item 11.  PDF 52 KB (https://democracy.cheltenham.gov.uk/documents/s16083/2015_07_02_CWG_Appendix_5_Committee_Rules.pdf) are the following not enshrined: the time when information is made available; the methods by which it made public; the time period for consideration; the deadline for responses; a statutory obligation to respond to such comments/questions etc.. ? It may be that there is a document somewhere that covers all this. My question is why is this document not referred to in these rules?

Response from Cabinet Member

The Council’s Constitution covers the processes for public engagement in decision making by the Authority and the constituent parts of the Constitution should be read together. The Appendix 5 referred to in the question includes the rules for the order of business for an Extraordinary Meeting and these should be read in conjunction with the Access to Information Rules. Rule 5 of those Rules sets out when and how agendas and reports will be made available.

The rules for dealing with public and member questions for an Extraordinary Meeting are set out in Council and Committee Procedure Rules. Rules 2.13 (c) and 5.3 (c) state that the questions must relate to the nature of the business for which the Meeting was convened. Responses to any public/member questions will be made available on the day of the meeting and responses will be given at the Meeting with the option to ask a supplementary question if present at the Meeting.

The Authority may undertake specific public consultation before a report is brought to Council, Cabinet or Committee and the nature of the consultation and the results will be detailed in that report. In some cases the Authority has a statutory duty to consult on certain matters and more details about these and any other consultations can be found on the council’s website: Consultations - Cheltenham Borough Council.

In a supplementary question, Mr Sayers considered he had asked a very simple question and had expected a simple yes or no answer.  He asked again whether there was a document which makes it clear that there are certain rules of procedure to be followed for an Extraordinary Meeting.

The Leader advised that in his response he had directed the questionner to the appropriate part of the Constitution which answered his question. The Constitution was available online on the council's website and Democratic Services would be available to give guidance to any member of the public who contacted them.

2.

Question from Peter Sayers to the Leader of the Council, Councillor Steve Jordan

 Are there other documents that refer to members or citizen communication and response requests that also do not refer to a central document? If so, what is being done to ensure consistency?

Response from Cabinet Member

In addition to the Constitutional provisions referenced in the response to Question 1, the Authority is committed to consulting with the public and this will take a variety of forms depending on the nature of the issue. The current consultations are made available on the council’s website. Consultations - Cheltenham Borough Council.

In a supplementary question Mr Sayers asked, if there were such a document why was it not referred to?

In response the Leader clarified that the purpose of the Constitution was to give guidance to cover all situations and as such sits aside individual documentation for a report or consultation. Democratic Services would always be available to give guidance to any member of the public who contacts them.