To consider the submitted report on the above.

The Council received the Constitution Working Party’s proposed provisional Constitution to enable the new Leader and Cabinet System of Governance to be in place from May 2019.

Councillor Hill proposed and Councillor Thomas (D) seconded the motion, as set out below:

(i)         that the provisional Constitution, as appended to the submitted report, be approved and to be effective from the commencement of the Council’s new Leader and Cabinet governance arrangements from 5 May 2019 (a summary of key changes is outlined in Section 1, paragraph 3 of the submitted report), with the newly elected Council (post May 2019) requested to consider and review the following:

a)         the Council’s decision-making structure and terms of reference of committees etc. to reflect the Leader and Cabinet System of Governance;

b)         the Council’s Local Choice Functions under the Leader and Cabinet system.  Specific areas to consider:

15.  Appointments to other bodies;  and

17.  Function of Harbour Authority (e.g. whether the Harbour Committee continues as a Council function or the Harbour function transfers to the Cabinet);

c)         the operation of Members’ Questions at Council meetings;

d)         the scope of Notice of Motions for Council meetings;

e)         the Outside Body Reporting Protocol (E23.2 and Appendix 1);  and

f)          the approach for appointments to outside organisations and the application of cross party principles (links to the review of Local Choice functions);

(ii)        that the new Administration in May 2019 be recommended to prepare a new Policy Framework structure and hierarchy alongside the new Corporate Plan;

(iii)       that the Chairman/woman and Vice-Chairman/woman of the Council be referred to as Ceremonial Mayor and Deputy Ceremonial Mayor from May 2019 onwards, to ensure the role is clear for the community;

(iv)       that delegations are given to the Chief Executive on Executive Functions on grounds of urgency during circumstances where there is no appointed Leader by the Council (e.g. during the interim period of a Local Election and Annual Council to appoint the new Leader of the Council;  or in absence of the Leader of the Cabinet and where no Deputy Leader is appointed and/or where the delegation arrangements by the Leader to Cabinet members are not in place;  or during the period where the Council has removed the Leader of the Council by resolution and the new Leader is to be appointed at the subsequent Council.) (Para 1.20 of Chief Executive’s specific delegations refers);

(v)        that delegated authority be given to the Monitoring Officer to make any further technical changes and/or changes to existing Constitution which apply changes to the provisional Constitution for May 2019, in consultation with the Chairman of the Constitution Working Party, prior to recommending the new Constitution for approval to the new Council in May 2019;

(vi)       that the Independent Remuneration Panel (IRP) undertake its review of the Members’ Allowances Scheme for the new Leader and Cabinet system and make recommendations to Council at its meeting on 31 January 2019.  The IRP be recommended to make recommendations to Council that keep the Scheme within the current budget;  and

(vii)      that the current Members’ Allowances Scheme be extended to 5 May 2019.

A Conservative amendment was circulated prior to the meeting and proposed by Councillor Lewis (C) and seconded by Councillor Tolchard.  During the debate, Councillor Hill and Councillor Thomas (D) accepted the amendment, which was then incorporated in the original motion and was agreed by the Council as set out below:

(i)         that the provisional Constitution, as appended to the submitted report, be approved and to be effective from the commencement of the Council’s new Leader and Cabinet governance arrangements from 5 May 2019 (a summary of key changes is outlined in Section 1, paragraph 3 of the submitted report), with the newly elected Council (post May 2019) requested to consider and review the following:

a)         the Council’s decision-making structure and terms of reference of committees etc. to reflect the Leader and Cabinet System of Governance;

b)        the Council’s Local Choice Functions under the Leader and Cabinet system.  Specific areas to consider:

15.  Appointments to other bodies;  and

17.  Function of Harbour Authority (e.g. whether the Harbour Committee continues as a Council function or the Harbour function transfers to the Cabinet);

c)         the operation of Members’ Questions at Council meetings;

d)        the scope of Notice of Motions for Council meetings;

e)         the Outside Body Reporting Protocol (E23.2 and Appendix 1);  and

f)          the approach for appointments to outside organisations and the application of cross party principles (links to the review of Local Choice functions);

(ii)        that the new Administration in May 2019 be recommended to prepare a new Policy Framework structure and hierarchy alongside the new Corporate Plan;

(iii)       that the Chairman/woman and Vice-Chairman/woman of the Council be referred to as Civic Mayor, with the full title being The Worshipful the Mayor of Torbay, and the Deputy Civic Mayor respectively from May 2019 onwards, to ensure the role is clear for the community;

(iv)      that delegations are given to the Chief Executive on Executive Functions on grounds of urgency during circumstances where there is no appointed Leader by the Council (e.g. during the interim period of a Local Election and Annual Council to appoint the new Leader of the Council;  or in absence of the Leader of the Cabinet and where no Deputy Leader is appointed and/or where the delegation arrangements by the Leader to Cabinet members are not in place;  or during the period where the Council has removed the Leader of the Council by resolution and the new Leader is to be appointed at the subsequent Council.) (Para 1.20 of Chief Executive’s specific delegations refers);

(v)       that delegated authority be given to the Monitoring Officer to make any further technical changes and/or changes to existing Constitution which apply changes to the provisional Constitution for May 2019, in consultation with the Chairman of the Constitution Working Party, prior to recommending the new Constitution for approval to the new Council in May 2019;

(vi)      that the Independent Remuneration Panel (IRP) undertake its review of the Members’ Allowances Scheme for the new Leader and Cabinet system and make recommendations to Council at its meeting on 31 January 2019.  The IRP be recommended to make recommendations to Council that keep the Scheme within the current budget;  and

(vii)     that the current Members’ Allowances Scheme be extended to 5 May 2019.