To receive the report of the Assistant Director, Communications

The Group received a report of the Assistant Director (Communications) asking for consideration to be given to the formal adoption of  guidance on the management of publicity events and activities. Guidance was also sought as to whether such a document should be included in the Council’s Constitution or elsewhere.

The Group noted the guidance which  would be for use in connection with ceremonial, civic and official events.

Members were of the view that the document should not be part of the Constitution but should be included in the Councillors’ Guide.

Detailed consideration was given to the wording in the guidance. The Assistant Director (Communications) indicated that she would set out at the beginning of the document a clear statement that the Leader of the Council and the Chairman of the Council have different roles, one being political and one being associated with civic and ceremonial matters.

A comment was made about the management of political connotations in press releases particularly in view of the forthcoming General Election. It was noted that the Communications team was already aware of the need for care in relation to comments or quotations which could be considered political. The Group was advised that if they considered a press release or quotation by an officer to be political, they should report this matter to the Monitoring Officer.

The Advisory Group wished to record their support for the political neutrality of the officers and observance of the proper protocol.

Further detailed amendments to the wording of the document were discussed and agreed as set out below.

AGREED

1.                  that the document, as amended, should be included in the Councillors’ Guide and not in the Council’s Constitution;

2.                  that the following amendments be made to the document which should be re-circulated to members of the Advisory Group before being finalised and added to the Councillors’ Guide.

To receive the notes of the last meeting held on 15 February 2010.

The notes of the previous meeting held on 15 February 2010 were approved as a correct record and signed by the Chairman.

To consider the report of the Assistant Director, Legal and Democratic

The Advisory Group recalled that at its last meeting it had considered a draft policy for Outside Bodies and had endorsed the draft, subject to some amendments. The draft policy had now been approved by General Purposes Committee at its meeting on 10 February 2010.

The Group requested a minor amendment to paragraphs 3-5 to delete the words “which receives funding from the Council” and the insertion of “where”.

AGREED

Subject to the amendment detailed above, to endorse the  Policy on Outside Bodies for inclusion in the Councillors’ Guide and circulation to Members.

To consider the report of the Head of Policy/Head of Democratic Services.

The Advisory Group considered a report proposing an updated set of policies and strategies to comprise the Council’s Policy Framework.

It was noted that legislation required the Council’s Constitution to set out a Policy Framework comprising those plans and strategies to be approved or adopted by Council. The inclusion of certain specified plans and strategies was mandatory, some were recommended for inclusion by the Secretary of State and others could be added at the Council’s discretion.

Members were aware that the existing Budget and Policy Framework had been created by the Shadow Authority in 2008 and considered whether it was appropriate to review it now that Central Bedfordshire Council had been in place for a year. Comments were made that it was important that Members should have full involvement particularly while the Council was still a relatively new body. Members concurred that this proposal came a year too early.

A suggestion was made that when the Advisory Group reviewed the Council’s policy framework it would be beneficial if those policy and strategy matters dealt with elsewhere, other than at Council, were specifically listed. It was noted that this list was currently being compiled. Members asked that consideration be given by the officers as to when the most appropriate time might be, having regard to the work which needed to be carried out.

Members were advised that some of the policies or strategies could be amalgamated together, for example all the budget strategy matters could be in one place under paragraph 2.1 Part B2 and the reference to the Sustainability Suite could now be updated to be Climate Change Strategy reflecting current terminology.  Members welcomed this suggestion.

Members indicated support for re-titling the appropriate sections in part B from “statutory” to “required” and “other” to “recommended/discretionary”.

A comment was made that at the point of a policy or strategy being brought before Members, particularly when it related to external organisations, they were sometimes advised that there was no further opportunity for changes. A request was made that policies and strategies be brought before Members well enough in advance to enable changes to be made if required.

A suggestion was made that a separate stand-alone Consultation Strategy was needed. It was noted that there were times that consultation was a legal requirement and that this would fall outside of any consultation strategy agreed by the Council.

In response to a question it was noted that where consultation was a legal requirement this would be reported under the Legal Implications section of the reports template. A discussion ensued and Members commented that a specific section on Consultation should be included in the reports template to report on any consultation carried out with external bodies.

Comments were made identifying policies and strategies which Members felt strongly should remain in the Policy Framework, and also about various other items currently within the Framework, as set out below.

Policies /Strategies identified as those which should remain

·        Regional Spatial Strategies including the MKSM sub-regional strategy

·        Customer Service  ...  view the full minutes text for item 52.

To consider the report of the Assistant Director, Development Management

The Advisory Group considered a report of the Assistant Director, Development Management regarding a request by a Parish Council Chairman to increase the time limit for speakers at Development Management Committee.

Councillor Shadbolt, Vice-Chairman of Development Management presented this item.

Members noted that further to research carried out by the Leader of the Council, findings concluded that the current arrangements were in line with national best practice. It was also noted that consideration had been given to the request at a meeting of key players at meetings of Development Management Committee, including the relevant Portfolio Holder, the Vice-Chairman of Development Management Committee and the Heads of Development Managements North and South, which had recommended that there be no change to the current arrangements.

The Advisory Group noted that the Chairman of the Development Management Committee could use his discretion to vary the amount of time available to speakers.

A debate ensued and a number of points were made. It was considered that it was appropriate for a Planning Officer to be present to advise. In view of this, the Advisory Group agreed to adjourn consideration of this matter to the next meeting and to ask a Planning Officer to attend.

AGREED

that the  Constitution remain unchanged in respect of the time limit for members of the public speaking at meetings of Development Management Committee pending further consideration of the matter at the next meeting  of the Advisory Group (1 June 2010) when a Planning Officer would be present.

To consider the report of the Head of Democratic Services.

The Advisory Group recalled that at its last meeting, the Monitoring Officer had been asked to make the amendments to the Constitution to reflect the new overview and scrutiny structure in consultation with the Group.

The report set out the consequential amendments in relation to:-

Overview and Scrutiny Committees

• Part A1 – paragraph 3
• Part D1 Overview and Scrutiny Arrangements and Terms of Reference

The report also set out previously agreed amendments in relation to:-

Officer Employment

• Part E2 – paragraph 8.1.1 (Terms of Reference of Appointments Sub-Committee)
• Part F4 – paragraph 5.1.4 (Protocol on Member/Officer Relations)
• Part H3 – paragraph 3.2.1.3 (Scheme of Delegation…to Directors and other Officers)
• Part H4 – Officer Employment Procedure Rules

An additional proposal was made to provide for the introduction of Leader’s Announcements at Council meetings.

It was also proposed that the amendments to the Constitution arising from the Senior Management Review would be the subject of consultation with Members by e-mail prior to the Monitoring Officer effecting the changes through exercising her delegated power from the Council.

AGREED

1. that the revisions made to the relevant parts of the Constitution in respect of the amended overview and scrutiny structure and changed procedure for officer appointments at Assistant Director level, as set out in the attachments to the submitted report, be endorsed;

2. to note that the amendments to the Constitution consequential to the Senior Management Review would be the subject of consultation with Advisory Group members by e-mail prior to the Monitoring Officer effecting the changes through exercising the power delegated to her by Council.

AGREED TO RECOMMEND TO COUNCIL:-

To approve the variation to Part B5 of the Council Procedure Rules to provide for Leader’s Announcements and Communications to be an item at meetings of Council.

To consider the report of  the Head of Democratic Services

The Advisory Group received a report advising of changes approved by the Leader of the Council to the Scheme of Delegation to Officers.

Questions were asked as to the implications of the delegations. It was noted that in future the appropriate officer/s would be present to explain the implications of the delegations.

The Chairman requested that a letter  be sent in his name to the Chief Executive asking that appropriate officers attend future meetings of the Advisory Group to ensure full advise was available to Members.

AGREED

1. to note the delegations recently approved by the Leader of the Council, as detailed in the submitted report;

2. that a letter from the Chairman of the Advisory Group be sent to the Chief Executive asking that where there is a proposed change to the Constitution,  the relevant officer be present to advise the Constitution Advisory Group.

This item was requested by Cllr Male.

The Advisory Group had recently been advised that changes on the website had provided hyperlinks in the Constitution to assist with navigation within it. Members had taken the opportunity to look at the document on the website and also received a printed version at the meeting.

Comments were made about the advantages of using a PDF editor which could enable bookmarking, making the document much more user-friendly.

AGREED

That further work be carried out by the officers to make the Constitution on the website more easily navigable.

To consider the draft work programme for the Advisory Group.

The Advisory Group reviewed its Work Programme.

It was noted that the following items had been added during the course of the meeting to the agenda for the next meeting:

• Public participation for local council representatives at meetings of Development Management Committee (June)
• Consultation Strategy (June)
• Review of items for the Policy Framework (October)

Members were advised that the new statutory provisions for petitions would come into effect on 15 June before  the Council meeting on 24 June 2010.  The provisions relating to e-petitions would not be introduced until 15 December 2010. Consideration was given as to the most pragmatic approach to reviewing the adjustments needed to the current scheme in respect of the new statutory requirements. A discussion ensued, suggesting that the proposals for revising the petitions procedure should come to the Advisory Group’s meeting on 1 June and that recommendations on proposed amendments would then be submitted to Council on 24 June 2010.

A comment was made that the Constitution did not appear to provide  a satisfactory officer delegation in respect of savings/expenditure in relation to leases. It was noted that the Leader could use her delegated power to make the necessary amendment to the scheme of officer delegations.

AGREED

1.                  to add  items to the Work Programme, as detailed above;

2.                  that the arrangements for dealing with petitions be brought to the meeting of the Advisory Group on 1 June 2010;

3.                   that the officers bring to the attention of the Leader the need for an additional officer delegation in relation to leases, and make the appropriate arrangements.

To agree dates for future meetings of the Advisory Group.

The Advisory Group considered dates for future meetings further to a canvass of availability having been carried out.

AGREED

That future meetings of the Constitution Advisory Group be held on the following dates:-

• Tuesday 1 June 2010 2.00pm

• Thursday 29 July 2010 2.00pm

• Monday 18 October 2010 2.00pm

• Thursday 2 December 2010 2.00pm (Note: After the meeting this was changed to 1.00pm)

• Monday 21 March 2011 2.00pm.

Chairman………………………………………………..

Date…………………………………………………….