The Constitution Committee of Gloucestershire Council was scheduled to discuss proposed changes to the council's constitution, including amendments to the terms of reference for the Pensions Committee and the handling of council questions. The committee was also set to consider proposed changes relating to the Appeals Committee and associated procedures for senior officers.

Handling of Council Questions

The committee was scheduled to discuss arrangements for public questions at council meetings, focusing on written questions and the handling of those deemed defamatory, frivolous, or offensive. The report highlighted a significant volume of written public questions received in 2025, with 235 submitted for full council meetings and 129 for Cabinet meetings. The report noted that the current arrangements allow up to 30 minutes for written and urgent questions from the public at each ordinary meeting of the full Council and other committees. Questions can be asked by individuals who live or work in the county or are affected by the council's work, directed at the Chair of the Council, the Leader, a Cabinet Member, or a Chair of a relevant council body. The report outlined the deadlines for submitting questions, with different timelines for those relating to agenda items and those on other matters. It also detailed the grounds on which questions could be rejected or not answered, including if they are not within the council's powers, are defamatory, frivolous, offensive, substantially the same as a previous question, or require the disclosure of confidential information. The report indicated that the volume of questions places a significant demand on officer time and can affect the quality of responses. Considerations for the committee included whether to limit the number of questions an individual or organisation can ask and whether constitutional changes are needed to address questions deemed defamatory, frivolous, or offensive.

Proposed Changes to the Pension Committee's Terms of Reference

The committee was scheduled to consider proposed changes to the Terms of Reference (ToRs) for the Pensions Committee. These changes are intended to reflect government-led alterations to Local Government Pension Scheme (LGPS) investment pooling and the Gloucestershire Pension Fund's transition from Brunel Pension Partnership to LGPS Central. The report explained that ministers had instructed the fund to work with another LGPS pool as Brunel Pension Partnership had not met government requirements. Following due diligence, LGPS Central was identified as the preferred pooling partner, with a government timetable anticipating the transfer of asset management by the end of March 2026. The proposed amendments to the ToRs include new items related to appointing and reviewing the performance of the fund's LGPS investment pool, undertaking necessary actions to promote the fund's interests in investment pooling, and approving and overseeing the process for ceasing participation in Brunel Pension Partnership. The committee was asked to recommend that Full Council approves and adopts these amended Terms of Reference.

Proposed Changes to the Constitution Relating to the Appeals Committee and Associated Changes

The committee was scheduled to reconsider and recommend to the full Council the adoption of consequential changes to the constitution concerning the disciplinary appeal process for the Chief Executive, Statutory Officers, and other Chief Officers. These changes were omitted from original recommendations considered by the Constitution Committee in 2021. The report detailed proposed amendments to the Officer Employment Procedure Rules and the Appointments Committee Terms of Reference. Notably, these include granting the Chair of the Investigating and Disciplinary Panel the authority to suspend the Chief Executive, Head of Paid Service, Monitoring Officer, and Chief Financial Officer (Section 151 Officer) in urgent cases, following consultation. The report explained that in 2021, the committee favoured a structure that retained the existing Appeals Committee and introduced a standalone Disciplinary Appeals Committee, with recommendations made to full Council and the constitution subsequently amended. However, the consequential changes in Appendices 3 and 4 were not included in those recommendations, meaning the constitution was not fully updated. The committee was asked to recommend the adoption of these omitted consequential changes.

Motions

The committee was scheduled to discuss the rules concerning Council Motions. This followed a request to further discuss the approach taken regarding the consideration of motions, stemming from concerns that the current process was not fair and did not reflect proportional representation based on group size. A proposal was to be introduced that aimed to guarantee every group at least one motion per meeting, regardless of size, with the ruling group fixed at one motion per meeting. The top three parties by size would be prioritised in the motion order, with remaining parties and independents rotating. The report also noted discussions around the two-hour time limit for motion discussion and the potential for a time limit per motion.

Whistle Blowing Policy (Monitoring Officer Decision)

The committee was scheduled to note changes to the Whistle Blowing Policy as detailed in the report. It was confirmed that Audit and Governance had received a report on the policy, and its scrutiny would fall under the Corporate Overview and Scrutiny Committee.

Amendment to the Council's Constitution Following the Appointment of a New Data Protection Officer

The committee was scheduled to note changes to the council's constitution following the appointment of a new Data Protection Officer.