Agenda item

Report of the Constitution Sub Committee

The Chairman of the Constitution Working Group, Councillor Whitehead, introduced the Working Group’s report providing a draft Constitution for approval in principle. The intention was to present a final draft to Council for approval on 10 April 2019.

Councillor Whitehead and the Monitoring Officer responded to a number of questions from Councillors.

Councillor Whitehead, seconded by Councillor Mace, proposed:

“That:

(1)       The draft constitution be approved in principle.

(2)       The draft constitution be converted to the full web based digital format.

(3)       The Constitution Working Group finalise any extant issues to include minor adjustments and potential changes not yet approved by the Working Group.

(4)       The Monitoring Officer be delegated authority to correct and amend any minor typographical, editing or text errors.”

There was debate on the proposals before Councillor Burns proposed an amendment to the draft constitution, seconded by Councillor Denwood:

“Part 1, paragraph 4.2 - Replace "The Council has decided that it will re-elect the Leader of the Council every two years, rather than every four years. This is subject to a Leader resigning or being disqualified from office as a Councillor or a vote of Full Council to remove the incumbent, which may happen before the end of the two year term." with "The Council has decided that it will re-elect the Leader of the Council every four years. This is subject to a Leader resigning or being disqualified from office as a Councillor or a vote of Full Council to remove the incumbent, which may happen before the end of the four year term."

Part 2 Section 2, paragraph 1.2.2 - Replace "two years" with "four years"

Part 2 Section 4, paragraph 7.1 - Replace "two year" with "four year" and 7.2.4 replace "two years after the term begins, when the position of Leader is elected by simple majority for the next two years" with "four years after the term begins, when the position of Leader is elected by simple majority for the next four years"

The requisite number of Councillors called for a recorded vote on the amendment under Council Procedure Rule 19.4.

The votes were recorded as follows:

For the amendment:

Councillors Blamire, Brown, Bryning, Burns, Clifford, Clift, Cozler, Denwood, Devey, Hanson, Kershaw, Leyshon, Metcalfe, Pattison, Redfern, Rivet, Sands, Whitaker and Whitehead. (19)

Against the amendment:

Councillors Barry, Biddulph, Brayshaw, Brookes, Edwards, Frea, Goodrich, Guilding, Hall, Hamilton-Cox, Hartley, Caroline Jackson, Joan Jackson, Kay, Mace, Mills, Parkinson, Parr, Reynolds, Robinson, Rogerson, Sykes, Thomas, Wild, Peter Williamson, Phillippa Williamson and Yates. (27)

Abstentions:

Councillors Betts-Patel and Cooper. (2)

Councillor Barry then proposed an amendment to the draft constitution regarding ‘friendly amendments’ to reflect current practice:

“That only the proposer and seconder of a motion need to agree about whether the amendment is deemed a friendly amendment.”

Councillor Whitehead accepted this as a friendly amendment.

Councillor Caroline Jackson then proposed an amendment to Questions on Motions, Page 83 of the draft constitution, paragraph 15.5, which was accepted by Councillor Whitehead as a friendly amendment:

“That the words “provided at least 3 days’ notice in writing or by electronic mail from a known and recognised source, of the question has been given to the Chief Executive, and has not been rejected under the grounds stated in rule 12.4” be replaced with “provided the question is clearly related to the Motion on notice and not potentially defamatory, vexatious or offensive.”

Councillor Caroline Jackson also asked for another amendment to be considered, which was again accepted as a friendly amendment by Councillor Whitehead:

“That on Page 124, paragraph 10.7 the words ‘that is open to the public’ be removed.”

At this point, Councillor Mace signified that, as Councillor Whitehead’s seconder, he was also content to accept all three amendments to the original motion.

It was noted that members of the Working Group would need to look at paragraph 10.7 on page 124 at their next meeting, as the intention behind the original wording and the purpose of that particular procedure rule was unclear.

The Mayor called for a vote on the proposition, complete with friendly amendments, which was clearly carried:

Resolved:

That:

(1)       The draft constitution be approved in principle, subject to the following changes:

a)    Regarding friendly amendments; “That only the proposer and seconder of a motion need to agree about whether the amendment is deemed a friendly amendment.

b)    Page 83 of the draft constitution, paragraph 15.5; That the words “provided at least 3 days’ notice in writing or by electronic mail from a known and recognised source, of the question has been given to the Chief Executive, and has not been rejected under the grounds stated in rule 12.4” be replaced with “provided the question is clearly related to the Motion on notice and not potentially defamatory, vexatious or offensive.

c)    Page 124, paragraph 10.7 removal of the words ‘that is open to the public’.

(2)       The draft constitution be converted to the full web based digital format.

(3)       The Constitution Working Group finalise any extant issues to include minor adjustments and potential changes not yet approved by the Working Group.

(4)       The Monitoring Officer be delegated authority to correct and amend any minor typographical, editing or text errors.