Review of Constitution for Leader and Cabinet System of Governance May 2019 - Constitution Working Party Recommendations
To consider the submitted report on the above.
Minutes:
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.
Supporting documents:
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Leader and Cabinet Governance Constitution 2019, item 123.
PDF 243 KB
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02 Introduction to the Constitution and how the Council operates, item 123.
PDF 231 KB
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03 Article 1 - The Constitution, item 123.
PDF 87 KB
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04 Article 2 - Members of the Council, item 123.
PDF 211 KB
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05 Article 3 - Local People and the Council, item 123.
PDF 186 KB
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06 Article 4 - The Council, item 123.
PDF 207 KB
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07 Article 5 - Overview and Scrutiny, item 123.
PDF 207 KB
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08 Article 6 - The Leader and Cabinet, item 123.
PDF 217 KB
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09 Article 7 - Regulatory and Other Committees, item 123.
PDF 174 KB
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10 Article 8 - Community Involvement, item 123.
PDF 189 KB
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11 Article 9 - Joint Arrangements, item 123.
PDF 192 KB
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12 Article 10 - Officers, item 123.
PDF 204 KB
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13 Article 11 - Decision-making, item 123.
PDF 200 KB
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14 Article 12 - Finance Contracts and Legal Matters, item 123.
PDF 186 KB
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15 Article 13 - Review and Revision, item 123.
PDF 191 KB
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16 Article 14 - Suspension and Interpretation, item 123.
PDF 182 KB
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17 Article 15 - Health and Wellbeing, item 123.
PDF 209 KB
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18 Schedule 1 - Description of Executive Arrangements, item 123.
PDF 183 KB
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18A Intro Responsibility for Functions, item 123.
PDF 190 KB
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18B Schedule 1 - Local Choice Functions, item 123.
PDF 211 KB
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18C Schedule 2 - Council Functions, item 123.
PDF 408 KB
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18D Schedule 3 - Functions not resp of Cabinet, item 123.
PDF 189 KB
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18E Schedule 4 - Terms of Reference, item 123.
PDF 620 KB
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18F Schedule 5 - Delegation of Executive Functions, item 123.
PDF 340 KB
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19 Schedule 6 - Officer Scheme of Delegation, item 123.
PDF 361 KB
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20 Schedule 7 - Proper Officers, item 123.
PDF 310 KB
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21 Standing Orders - Council Meetings, item 123.
PDF 820 KB
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22 Standing Orders - Committees and Sub-Committees, item 123.
PDF 251 KB
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23 Standing Orders - Cabinet, item 123.
PDF 232 KB
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24 Standing Orders - Overview & Scrutiny, item 123.
PDF 252 KB
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25 Standing Orders - Access to Information, item 123.
PDF 270 KB
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26 Standing Orders - Budget and Policy Framework, item 123.
PDF 249 KB
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27 Standing Orders - Officer Employment, item 123.
PDF 230 KB
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28 Standing Orders - Health and Wellbeing, item 123.
PDF 237 KB
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29 Financial Regulations and Contracts Procedures, item 123.
PDF 1 MB
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30 Members Code of Conduct, item 123.
PDF 550 KB
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31 Employee Code of Conduct, item 123.
PDF 299 KB
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32 Code of Corporate Governance, item 123.
PDF 245 KB
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33 Local Protocol on Member and Officer Relations, item 123.
PDF 251 KB
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34 Local Protocol on Relations between Leader and Political Groups, item 123.
PDF 353 KB
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35 Local Protocol Group Assistants, item 123.
PDF 243 KB
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36 Local Protocol External Advisors to Political Groups, item 123.
PDF 206 KB
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37 Local Protocol Monitoring Officer, item 123.
PDF 225 KB
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38 Good Practice for Members & Employees Planning Process, item 123.
PDF 412 KB
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39 Local Code of Practice for Members and Employees involved in the Licensing, item 123.
PDF 373 KB
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40 Local Protocol Working Parties, item 123.
PDF 213 KB
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41 Local Protocol on Gifts + Hospitality, item 123.
PDF 226 KB
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42 Local Protocol on Members IT, item 123.
PDF 313 KB
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43 Local Protocol for the Assessment and Determination of Allegations of Breaches of the Members Code of Conduct, item 123.
PDF 284 KB
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44 Local Protocol on Member Champions, item 123.
PDF 220 KB
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45 Protocol on Planning Applications re Brixham, item 123.
PDF 200 KB
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46 Local Protocol DBS Checks for Members, item 123.
PDF 208 KB
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47 Local Protocol for Harbour Committee, item 123.
PDF 223 KB
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48 Local Protocol Civic and Ceremonial, item 123.
PDF 260 KB
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49 Members Allowances, item 123.
PDF 242 KB
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50 Job Descriptions, item 123.
PDF 260 KB
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Conservative Amendment Constitution 2019 051218, item 123.
PDF 59 KB
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