Agenda item

Report of the Assistant Director of Governance and Monitoring Officer.

Members were asked to approve the proposed Constitution of the Council for the 2024-25 Municipal Year. This had been produced following an extensive review by the Standards Committee. The purpose of this review, it was explained, was to make sure that the Constitution remained up to date, that it was compliant with legislation and provided the appropriate rules to ensure the good governance of the Council. Following on from the review, Standards Committee had agreed a range of specific changes, which Council was now asked to agree.

Members discussed the report. Councillor A Dale made clear that he did not support some of the proposed changes. He highlighted Section 10, Council Procedure Rules, Rule 8, the changes to Questions by the Public, which he felt would prevent those who were ‘Carers’ for people living in the District from being able to ask questions. He also highlighted he change to Section 16, Members Planning Rules, which would preclude Planning Committee Members from determining on Planning Applications located within their wards.

Councillor M Foster also indicated that he would not support the change to exclude members from determining planning applications in their own Ward. He contended that that this would place the wards which they represent in a worse position than those wards which did not have Councillors serving on Planning Committee.

Councillor D Hancock expressed similar concerns about the impact of the proposed changes on public speaking at Council meetings and indicated that he would not support the proposed Constitution. Councillor R Shipman made clear that he too would not support the proposed Constitution for similar reasons. Councillor S Reed argued that businesses located outside of the District but which operated within North East Derbyshire, ought to be allowed to ask questions.

Councillor R Welton raised concerns about the proposed change for the Monitoring Officer to make non contentious appointments to committees in the event that vacancies arose, which he felt might involve the post holder in political decisions.

The Chair of Standards Committee, Councillor K Gillott, explained the reasons for the proposed changes and their intended benefits to the Council. He made clear that the Standards Committee would continue to review the Constitution as part of its work programme for the year. The concerns raised at the meeting would be addressed as part of this, And in particular, what the actual experience of the changes had been and whether, as a consequence, they needed to be revisited.

At the conclusion of the discussion, Councillors N Barker and J Barry proposed and seconded a Motion to approve the proposed Constitution.

The Motion was put to the vote and was approved.

RESOLVED -

(1)            That following on from the review carried out by Standards Committee Council approves the proposed Constitution for the 2024-25 Municipal Year

(2)            The Standards Committee be asked to undertake a further review of the Constitution, as part of its annual work programme for the 2024-25 Municipal Year and to make any recommendations for change to Council, as appropriate.

(3)            That the Monitoring Officer exercises their Delegated powers to make changes to the Constitution arising from any new legislation, administrative errors, or conflicts in interpretation during the course of the Municipal Year, in consultation with the Chair of Standards Committee, as appropriate.