Decision Maker: Council

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: May 7, 2025

Purpose:

Content: With Cllr Tam voting against the motion it was, RESOLVED   1.      To note and consider the feedback from the three meetings of the Governance Committee held to consider the review of the Constitution. 2.      To approve the new Constitution of the Council attached to the report, specifically noting and approving the matters listed in Recommendations 3 to 24 below. 3.      Part 1 – Summary & Explanation, attached to the report as Appendix 1. 4.      Part 2 - Council’s Articles - to approve the Articles of the Constitution appended to the report at Appendix 2, particularly noting: ·     The deletion of references to Local Assemblies, as detailed in paragraph 5.3 of this report; ·     The additional wording included in Article 6.13 confirming the political balance rules apply to Task & Finish Groups, as detailed in paragraph 5.4 of this report; ·     The additional wording included in Article 9 for the Terms of Reference for Strategic Planning Committee as detailed in paragraph 5.5 of this report. 5.      Part 3 – Responsibility for Functions - to approve the Responsibility for Functions, appended to this report as Appendix 3, particularly noting: ·     The inclusion of Chief Executive urgency provisions as detailed in paragraph 6.4; ·     The Scheme of Delegation is structured as a single Scheme of Delegation covering both Executive and Non-Executive delegations; ·     That the Scheme of Delegation is structured to allow officers to make decisions relating to any Executive and Non-Executive Council function falling within their area, with clearly stated ‘reserved matters’ and subject to compliance with other elements of the Constitution, e.g., the Financial Procedure Rules, Contract Procedure Rules and the Protocol for Officers Making Decisions; ·     That the current requirement for a Mayor & Cabinet decision to make a grant funding application is removed from the Scheme of Delegation and that a provision is included that where officers are considering making an application for grant funding that they first consult with the relevant Cabinet Member and/or the Mayor. 6.             The Council Procedure Rules - to approve the Council Procedure Rules, attached to this report as Appendix 4, particularly noting: ·     The revised rules relating to Motions on Notice, as detailed in paragraph 7.3 of this report. ·     The restrictions on the business that can be conducted at an extraordinary meeting of the Council, as detailed in paragraph 7.5 of this report. ·     The restrictions on the business that can be conducted at the budget meeting of the Council, as detailed in paragraph 7.7 of this report. ·     The revised rules relating to councillor and public questions, as detailed in paragraph 7.9 of this report. ·     The revised end of meeting guillotine provisions, as detailed in paragraph 7.11 of this report. 7.             The Executive Procedure Rules- to approve the Executive Procedure Rules, attached to this report as Appendix 5, particularly noting the deletion of references to Local Assemblies. 8.             The Committee Procedure Rules- to approve the Committee Procedure Rules, attached to this report as Appendix 6, particularly noting: ·     The amendment to confirm that Chairs and Vice chairs of committees and sub committees are determined at the Annual General Meeting of Council, as detailed in paragraph 7.22 of this report; ·     The revised provisions that detail the disapplication of specific Council Procedure Rules to committees and sub committees as detailed in paragraph 7.22 of this report. 9.             The Scrutiny Procedure Rules - to approve the Scrutiny Procedure Rules attached to this report as Appendix 7, particularly noting: ·     The deletion of references to Local Assemblies; ·     That Cabinet Advisors cannot sit on the Overview & Scrutiny Committee but can sit on scrutiny select committees provided the remit of the select committee does not conflict with the portfolio supported by the Cabinet Advisor as detailed in paragraph 7.27 of this report; ·     With regard to call-in that: ·     Specific and reasonable reasons for call-in must be stated; ·     The Monitoring Officer will consider the validity of any call-in application and consult with the Chair of Overview & Scrutiny in advance of rejecting any application; ·     All executive decisions are subject to call-in with the exception of decisions to note reports and decisions to recommend matters for onward consideration and decision by Council; and ·     In order to be valid any application for call-in must be supported by a minimum of seven councillors that are not members of the Executive or Cabinet Advisors as detailed in paragraph 7.27 of this report. 10.          The Access to Information Rules, attached to this report as Appendix 8; 11.          The Budget & Policy Framework - to approve the Budget & Policy Framework, attached to this report as Appendix 9, particularly noting that references to Overview & Scrutiny Committee or any of its sub committees requiring that additional budget consultation is undertaken are removed; and that the period of time for Council to meet following a call-in being referred to it by the Overview and Scrutiny Committee be amended to within 21 calendar days. 12.          The Finance Procedure Rules - to approve the Financial Procedure Rules, attached to this report as Appendix 10, particularly noting: ·     The wording should be amended to reflect that the outturn reporting is included in the routine financial reports that go to Council. ·     The requirement that income receipts over £100,000 shall be notified to the Section 151 Officer in advance of receipt is deleted; ·     The recording threshold is increased to £40,000 (rather than £20,000 as currently) for assets valued at purchase to be logged and the reference to a specific IT product is deleted. ·     Council staff under local management arrangements are expected to respect and uphold the Financial Regulations. As detailed in paragraph 8.3 of this report. 13.          The Contract Procedure Rules - to approve the Contract Procedure Rules, attached to this report as Appendix 11, particularly noting: ·     References to the Community Right to Challenge should be removed from the Contract Procedure Rules, as set out in paragraph 9.6 of this report; ·     When calculating the value of procurement exercises, the figures should be inclusive of VAT to align with the Procurement Act 2023, as set out in paragraph 9.6 of this report; ·     The Section 151 Officer and Monitoring Officer should determine the level and nature of security for contracts, taking into account the nature and risks of the contract, as set out in paragraph 9.6 of this report; ·     Quotations and Tenders should be obtained as set out in paragraph 9.6 of this report; ·     Arrangements for signing and sealing should be as set out in paragraph 9.6 of this report. 14.          The Employment Procedure Rules, attached to this report as Appendix 12. 15.          The Members’ Code of Conduct - to note the decision of the Council’s Standards Committee dated 9th April 2025 and to approve the Members’ Code of Conduct, attached to this report as Appendix 13. 16.          The Protocol for Member/Officer Relations - to approve the Protocol for Member/Officer Relations, attached to this report as Appendix 14, particularly noting: ·     That example scenarios be included in the Protocol as detailed in paragraph 12.3 of this report; ·     That provisions relating to the relationship with committee chairs and the scrutiny function be included in the Protocol as detailed in paragraph 12.3 of this report; ·     That the Protocol contain provisions on what to do when things go wrong or there are potential breaches of the Protocol as detailed in paragraph 12.3 of this report. 17.          The Employee Code of Conduct, attached to this report as Appendix 15. 18.          With regard to the Protocol on Member use of IT, to note that officers are to carry out a review of the current arrangements and policies with councillors  with a view to having any revised arrangements and policies in place in advance of the new member induction programme following the May 2026 local elections. 19.          The Protocol on Planning and Lobbying - to approve the Protocol on Planning and Lobbying, attached to this report as Appendix 16, particularly noting: ·     The inclusion of a requirement for all Council planning applications to be considered by committee; ·     The inclusion of a requirement for members of the committee to attend training before sitting on the committee; ·     The inclusion of a requirement that to be able to vote committee members must be present throughout the duration of the item being discussed. As detailed in paragraph 14.3 of this report. 20.          Local Authority Code on Publicity, attached to this report as Appendix 17. 21.          Guidance for Members on Outside Bodies, attached to this report as Appendix 18. 22.          Licensing Remote Hearing Protocol - to note the decision of the Council’s Licensing Committee dated 24th April 2025 and to approve the Licensing Remote Hearing Protocol, attached to this report as Appendix 19. 23.          Appendices to the Constitution, to approve the following as Appendix 1 to Appendix 8 to the Constitution, attached to this report as Appendix 20: 24.     To note that the Monitoring Officer will provide a further report to Council at its meeting on Wednesday 26th November 2025, which will consider the effectiveness of the new Constitution and make suggestions for any further amendments considered necessary.