Decision Maker:

Outcome: For Determination

Is Key Decision?: No

Is Callable In?: No

Date of Decision: March 19, 2025

Purpose:

Content: RECOMMENDATION TO FULL COUNCIL ON 27 MARCH 2025   RESOLVED that Cabinet:-   1.    Approve the change to the number of members on each committee for the 25/26 municipal year be, including the merging of the general and statutory licensing committees, the reduction to two Overview and Scrutiny Task and Finish Groups and that the Appeals, Awards and Standards Regulatory Board name be shortened to Standards Regulatory Board. That Cabinet recommends to Full Council the following consequential changes to the constitution:   a.    That point 9.2.3 of Section 3a of the constitution be updated with regard to the Planning Regulatory Board to remove the phrase “but also includes at least one elected member from each ward.”   b.    That point 9.3.5 of Section 3a of the constitution be updated with regard to the General Licensing Regulatory Board to remove the phrase “but also includes at least one elected member from each ward”   c.     That all references to the General Licensing Regulatory Board be updated to read “Licensing Regulatory Board”   d.    That all delegations related to the Statutory Licensing Board in Section 3b Part I - Terms of Reference of the full Council, Regulatory Boards and Committees and functions delegated to Officers, be transferred to the Licensing Regulatory Board.   e.    That the function of the Statutory Licensing board listed in point 9.4.1 of Section 3a be transferred to the Licensing Regulatory Board and listed in point 9.3.1 and that points 9.4 to 9.4.6 be deleted and all subsequent numbering updated accordingly   f.      That the Monitoring Officer be empowered to change all references to the Appeals, Awards and Standards Regulatory Board in the constitution to read Standards Regulatory Board.   g.    That point 8.3.1 of Section 3a of the constitution be updated with regard to the Appeals, Awards and Standards Regulatory Board to replace the phrase “The Appeals, Awards, and Standards Regulatory Board comprises a minimum of 21 elected members, including at least one member from each ward wherever possible.” With the phrase “The Standards Regulatory Board comprises a minimum of 11 elected members.”   h.    That point 9.5.3 of Section 3a of the constitution be removed and point 9.5.6 be updated with regard to the Appeals, Awards and Standards Regulatory Board to replace the phrase “The Board operates on a panel system. Panels will be formed from the Board, which itself comprises a minimum of 22 members (at least one elected member per ward, plus any other non-executive members who express an interest).” With the following phrase: “The board may meet as a full board to monitor the overall standards framework of the council or on a panel system to assess individual cases. The board will be comprised of 11 members.”   i.      That the delegations from Full Council to the Appeals, Awards and Standards Regulatory Board be updated to remove point (a) and point (b) be amended to read “To consider matters about the standard of behaviour of Elected Members of the Council and hold hearings as required within the process outlined in the code of conduct.”   j.      That the Guidance Notes on Council Membership of Panels of the Appeals, Awards and Standards Regulatory Board contained in Section 6a of the constitution be amended to update point one to read: “The Council has established a Standards Regulatory Board with a minimum of 11 members operating on a Panel system basis to deal with standards matters. Cabinet Members are excluded from membership but Cabinet Support Members are eligible.” And that the job title contained within point 5 be updated from “Assistant Chief Executive (Legal and Governance)” to “Monitoring Officer.”   k.     That point 5.2 of Section 3a of the constitution be updated with regard to the Overview and Scrutiny Committee to replace the phrase “From May 2019, an increased number of Members will be involved in scrutiny. The committee will meet in plenary mode to consider core safeguarding business such as the work of the Safeguarding Adults Board and Safeguarding Children Board as well as full service performance of social care services. The committee will also allocate time to 3 workstreams aligned to the Council priorities which will also allow time for consideration of other safeguarding business.” With the phrase: “The committee will meet in plenary mode to consider core safeguarding business such as the work of the Safeguarding Adults Partnership Board and Barnsley Safeguarding Children Partnership as well as full service performance of social care services. The committee will also allocate time to 2 workstreams aligned to the Council priorities which will also allow time for consideration of other safeguarding business.”   l.      That point 5.4.1 of Section 3a of the constitution be updated with regard to the Overview and Scrutiny Committee to replace the phrase “It also carries out this programme through three 'Task and Finish Groups' (TFGs), which each examine specific topics and report their findings to the OSC.” With the phrase “It also carries out this programme through 'Task and Finish Groups' (TFGs), which each examine specific topics and report their findings to the OSC.”   2.    That the quorums for each committee be updated in the council’s Standing Orders to account for the reduced committee membership as follows:   a.    That Standing Order 22 (1) be updated to read: “Business will not be transacted at a meeting of the Overview and Scrutiny Committee unless not fewer than one third of the Committee’s membership is present. Business will not be transacted at the Licensing and Planning Regulatory Boards unless 6 members are present and at the Standards Regulatory Board unless 4 members are present. At any meeting of a Sub-Committee or Panel business will not be transacted unless not fewer than 3 Members are present.   b.    That points (3) and (4) of Standing Order 34 be updated to read: “(3) the authority will appoint a panel to consider the allegations made against an officer that might lead to their dismissal and appoint an investigator to undertake an investigation into the allegations and report to the panel on possible actions. (4) The authority must invite relevant independent persons to be considered for appointment to that Panel, with a view to appointing at least two such persons to that Panel.” And points (9) and (10) be updated to read: “(9) Before the taking of a vote at the relevant meeting on whether or not to approve recommend to full Council such a dismissal, the panel appointed for the purpose by the authority must take into account, in  particular: (a) the conclusions of any investigation into the proposed dismissal; and (b) any representations from the relevant officer. (10) Any recommendation of dismissal by the panel shall be subject to approval by full Council.”