Agenda and minutes

To appoint a Vice Chair of the Constitution Working Party for the period until the next Annual Council Meeting.

RESOLVED – That Councillor Peter Burns be elected as Vice Chair of the Constitution Working Party for the period until the next Annual Council Meeting.

To approve as a correct record and sign the Minutes of the meeting held on 10 December 2009.

The Minutes (copies of which had been circulated) of the meeting held on 10 December 2009 were approved as a correct record.

No declarations of interest were made.

To consider a report of the Democratic Services Manager.

The Working Party is invited to review the decision of the Council Meeting on 20 January 2011 in relation to meetings taking place during the period before elections known as ‘purdah’ and the decision of the Central Stockport Area Committee held on 29 March 2012 (resolutions attached).

The Democratic Services Manager submitted a report (copies of which had been circulated) inviting the Working Party to review the decision of the Council Meeting on 20 January 2011 in relation to meetings taking place during the period before the elections known as ‘purdah’ and the decision of the Central Stockport Area Committee held on 29 March 2012.

The following comments were made/issues raised:-

• Purdah was not a legal concept but a mechanism by which the Council could ensure that it complied with legislation and not allow a political group to use Council resources or meetings for promotion in the period before an election.
• It was important to ensure a level playing field for all political parties during the sensitive political period before an election.
• A recent report had shown that other local authorities had differing arrangements for purdah ranging from holding no meetings at all during this period to continuing meetings with no restrictions.
• It was agreed that having a long period of time without an Area Committee meeting was not desirable as these meetings provided a forum for the public to engage with the Council.
• The current rules in relation to purdah were too restrictive and unsatisfactory.
• Having too many restrictions in relation to planning matters which may be of importance to residents was not desirable.
• It was noted that any party would have the opportunity to voice a concern about any decisions made during this period even without any restrictions in place.
• There was agreement that publicity should be restricted during the election period, however Members felt that they should be able to continue to engage with residents and contact Council staff during the election period.
• All Council staff were to be made aware of any new rules relating to purdah.
• It was essential to ensure that any decision made during purdah would not be overturned due to the legislation concerning publicity.

RESOLVED – (1) That the Monitoring Officer be requested to submit a proposal to the next meeting of the Working Party which sets out the arrangements to restrict publicity during purdah but allows the continuation of business at meetings.

(2) That all Council staff including the staff of Council owned bodies be provided with guidance in relation to purdah in terms of what is permissible during this period.

Members are invited to identify areas of the Constitution for review by this Working Party.

Members were invited to identify areas of the Constitution for review by this Working Party.

The following items were suggested for review at future meetings of the Working Party:

In relation to the Localism Act 2011:

• Community Right to Challenge (Part 5 Chapter 2 Localism Act 2011).

The Local Authority must consider expressions of interest from local bodies to provide services. This Working Party could consider the mechanisms that would need to be in place for these considerations.

• General Power of Competence (Part 1 Chapter 1 Localism Act 2011).

The Local Authority was now free to carry out any lawful activity on behalf of its community. The Working Party could consider the ways in which the Constitution could be amended to reflect this new power, in particular in relation to how it spends its resources.

• Neighbourhood Planning (Part 6 Chapter 3 Localism Act 2011)

The Working Party could consider how the Constitution should be amended in relation to the new Neighbourhood Planning regime introduced by the Localism Act 2011.

• Governance (Part 1 Chapter 5 Localism Act 2011)

The Localism Act 2011 allows Local Authorities to operate executive arrangements, a committee system or arrangements prescribed by the Secretary of State. The Working Party could consider a change to the governance arrangements of the Council.

Other potential areas for consideration:

• Partnerships

The Working Party was requested to consider adding more information in relation to Partnerships in the Constitution such as membership, terms of reference and constitutions.

• Officer Code of Conduct

• Public and Member Question Time

The Working Party was invited to review (i) the deadline for public questions which was currently 30 minutes before a meeting and (ii) the current process around asking multiple questions of one Member prior to a response being given and the ability to ask a supplementary question.

• The ability to question other Council bodies

It was noted that the Council’s representatives on Joint Authorities were available for questioning at meetings. The Working Party was invited to consider how to put questions to other Council owned bodies such as Solutions SK.

• The Mayoralty

The Working Party was invited to review the process for the nomination of the Mayor and Deputy Mayor.

• Motions of No Confidence

The Working Party was invited to consider how a motion of no confidence could be accommodated within the Council Meeting Procedure Rules.

• Social media

The Working Party was asked to consider a protocol on the use of social media and technology by Members during meetings.

• Decision procedure at Executive meetings

A Member suggested that there was little debate at the meetings of the Executive on reports and that the decision making process should be transparent.

• Financial Procedure Rules

The Working Party was invited to consider any amendments necessary to the Financial Procedure Rules in the Constitution.

RESOLVED – That the Democratic Services Manager prepare a list of priorities to be circulated to Members in order to prioritise for the next meeting.

To consider the dates of future meetings of the Constitution Working Party.

RESOLVED – That the date of the next scheduled meeting be organised with the Chair and circulated to the Working Party.