Agenda item

Agenda item

CENTRAL BEDFORDSHIRE DRAFT CONSTITUTION AND INTERIM GOVERNANCE ARRANGEMENTS

To approve and adopt the Constitution of Central Bedfordshire Council together with the interim governance arrangements during the period 1 April to 7 June 2009.

 

(Report of the Constitution and Governance Working Group attached – pages 7.1 to 7.2)

 

Please note that the Constitution can be viewed by taking the following link:

 

Mid Beds District Council - Library document - Draft Central Bedfordshire Council Constitution

Minutes:

 

The Council received and considered the report of the Constitution and Governance Working Group which sought the approval and adoption of the Constitution of Central Bedfordshire Council together with the interim governance arrangements during the period 1 April to 7 June 2009.  In presenting the report, the Chairman of the Working Group presented a list of proposed minor amendments to the Constitution, previously circulated to all Members of the Shadow Council as an Appendix to the Shadow Council meeting update letter dated 24 February 2009.  In light of the proposed minor amendments and the recommendations of the Working Group, it was moved and seconded:-

 

"1.

that further to the decision of the Shadow Executive at its meeting held on 17 February 2009 to re-designate second and third tier posts in the Central Bedfordshire staffing structure as “Assistant Directors” and “Heads of Service” respectively, the necessary adjustments be made throughout the Constitution to reflect the new post titles;

 

2.

that paragraph 10.17 of Part D2 of the Constitution (Overview and Scrutiny Procedure Rules) be amended to provide that there is an expectation that any Member(s) who calls in a decision should attend the meeting of the Overview and Scrutiny Committee at which the call-in is to be heard;

 

3.

that the following typographical errors in the draft Constitution be corrected as follows:-

 

 

(a)

Part A4 – page 9 – paragraph 5.1.5

 

delete the word “the” between “to” and “an”;

 

(b)

Part E2 – page 10 – paragraph 7.2.2

 

delete “arsing” and replace with “arising”;

 

(c)

Part H3 – page 9 – paragraph 4.1.4

 

delete “here” in penultimate line and replace with “where”;

 

 

 

 

4.

that the Members Planning Code of Good Practice contained in the Ethical Handbook be amended in the following respect:-

 

 

(a)

Appendix A – page 20 - paragraph 1(a)

 

delete “A Member of the Development Management Committee” and replace with “Any Member of the Council”.

 

 

 

5.

(a)

that, subject to 1 to 4 above, the draft Central Bedfordshire Constitution, as now submitted at document number 7, be approved and implemented either with effect from 1 April 2009 or 8 June 2009, as appropriate, as provided in 7 below; and

 

 

(b)

that, in so doing, the Shadow Council specifically resolves to approve the Code of Conduct for Members set out in part F2 of the Constitution;

 

6.

(a)

that the Ethical Handbook, now submitted at document 8, be approved and implemented with effect from 1 April 2009; and

 

 

(b)

that, in so doing, the Shadow Council specifically resolves to adopt the Indemnity for Members and Officers of the Council, as set out in part 6 of the Ethical Handbook;

 

7.

that the Interim Governance arrangements for the period 1 April to 7 June 2009, as set out in the schedules attached at document No. 6, be adopted;

 

8.

that a Constitution Advisory Group be established to advise the Council upon any amendments required to the Constitution;

 

9.

that during the period 1 April to 7 June 2009, the Monitoring Officer, in consultation with the Advisory Group, be authorised to amend the Constitution to reflect any urgent, statutory, consequential or other necessary changes which may be required in the light of experience of operation, and which will not admit of delay to the annual meeting of the Council in June 2009;

 

10.

that the principle of establishment of a small number of positions (up to 5) of Assistant Portfolio Holders, whose role is to support the Portfolio Holder workloads but not to substitute in any executive decision making capacity, be supported."

 

As an amendment to the Motion, it was moved and duly seconded:-

 

"that paragraph 2.1.11 of Part G1 of the Constitution (decision making) which reads "that all decisions should be evidence – based" be deleted and replaced with "that due weight be given to all material considerations in making decisions."

 

Upon being put to the vote, the amendment was lost.

 

RESOLVED

 

1.

that further to the decision of the Shadow Executive at its meeting held on 17 February 2009 to re-designate second and third tier posts in the Central Bedfordshire staffing structure as “Assistant Directors” and “Heads of Service” respectively, the necessary adjustments be made throughout the Constitution to reflect the new post titles;

 

2.

that paragraph 10.17 of Part D2 of Constitution (Overview and Scrutiny Procedure Rules) be amended to provide that there is an expectation that any Member(s) who calls in a decision should attend the meeting of the Overview and Scrutiny Committee at which the call-in is to be heard;

 

3.

that the following typographical errors in the draft Constitution be corrected as follows:-

 

 

(a)

Part A4 – page 9 – paragraph 5.1.5

 

delete the word “the” between “to” and “an”;

 

(b)

Part E2 – page 10 – paragraph 7.2.2

 

delete “arsing” and replace with “arising”;

 

(c)

Part H3 – page 9 – paragraph 4.1.4

 

delete “here” in penultimate line and replace with “where”.

 

4.

that the Members Planning Code of Good Practice contained in the Ethical Handbook be amended in the following respect:-

 

 

(a)

Appendix A – page 20 - paragraph 1(a)

 

delete “A Member of the Development Management Committee” and replace with “Any Member of the Council”.

 

5.

(a)

that, subject to resolutions 1 to 4 above, the draft Central Bedfordshire Constitution, as now submitted at document number 7, be approved and implemented either with effect from 1 April 2009 or 8 June 2009, as appropriate, as provided in 7 below; and

 

 

(b)

that, in so doing, the Shadow Council specifically resolves to approve the Code of Conduct for Members set out in part F2 of the Constitution;

 

6.

(a)

that the Ethical Handbook, now submitted at document 8, be approved and implemented with effect from 1 April 2009; and

 

 

(b)

that, in so doing, the Shadow Council specifically resolves to adopt the Indemnity for Members and Officers of the Council, as set out in part 6 of the Ethical Handbook;

 

7.

that the Interim Governance arrangements for the period 1 April to 7 June 2009, as set out in the schedules attached at document No. 6, be adopted;

 

8.

that a Constitution Advisory Group be established to advise the Council upon any amendments required to the Constitution;

 

9.

that during the period 1 April to 7 June 2009, the Monitoring Officer, in consultation with the Advisory Group, be authorised to amend the Constitution to reflect any urgent, statutory, consequential or other necessary changes which may be required in the light of experience of operation, and which will not admit of delay to the annual meeting of the Council in June 2009;

 

10.

that the principle of establishment of a small number of positions (up to 5) of Assistant Portfolio Holders, whose role is to support the Portfolio Holder workloads but not to substitute in any executive decision making capacity be supported."

 

Supporting documents: