Agenda and minutes

Constitution Working Party
Thursday, 20th October, 2016 6.00 pm

Venue: Meeting Room 5, Town Hall. View directions

Contact: Craig Ainsworth  (0161 474 3204)

Items
No. Item

1.

Election of Chair

To elect a Chair of the Working Party until the next Annual Council Meeting.

Minutes:

RESOLVED – That Councillor Alex Ganotis be elected Chair of the Working Party for the period until the next Annual Council Meeting.

Councillor Alex Ganotis in the Chair

2.

Appointment of Vice-Chair

To appoint a Vice-Chair of the Working Party until the next Annual Council Meeting.

Minutes:

RESOLVED – That Councillor Kate Butler be appointed Vice-Chair of the Working Party for the period until the next Annual Council Meeting.

3.

Minutes pdf icon PDF 54 KB

To approve as a correct record and sign the Minutes of the meeting held on 25 November 2015.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 25 November 2015 were approved as a correct record.

4.

Declarations of Interest

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

Minutes:

Councillors and officers were invited to declare any interests they had in any of the items on the agenda for the meeting.

 

The following interests were declared:-

 

 

Personal and Prejudicial Interest

 

Councillor

 

Alex Ganotis

and Wendy Wild

Interest

 

Agenda item 7 ‘Constitutional Review – Health and Wellbeing Board, and Health and Care Integrated Commissioning Board’ as members of the Health and Care Integrated Commissioning Board.

.

 

 

 

 

5.

Constitutional Review - Work Programme pdf icon PDF 112 KB

To consider a review of the Monitoring Officer

 

The report provides an update on the review of the Constitution in the current Municipal Year as requested by the Leader of the Council.

 

The Working Party is requested to note the report and comment on the proposed changes to the Scheme of Delegation.

 

Officer Contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) providing an update on the review of the Constitution in the current Municipal Year as requested by the Leader of the Council.

 

RESOLVED – (1) That the report be noted.

 

(2) That the Council Meeting be recommended to adopt the proposed changes to the Scheme of Delegation detailed in paragraph 4 of the report.

6.

Constitutional Review - Contract Procedure Rules pdf icon PDF 57 KB

To consider a report of the Monitoring Officer

 

The report sets out revised Contract Procedure Rules which have been approved by the STaR Joint Committee and now need approving by each Council and including in their Constitution.

 

Rochdale Council and Trafford Council have approved the revised Contract Procedure Rules.

 

The Working Party is requested to agree that the revisions to the Contract Procedure Rules be recommended for adoption by the Council Meeting for inclusion in the Council’s Constitution.

 

Officer Contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

 

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) setting out the revised Contract Procedure Rules which had been approved by the STAR Joint Committee and now needed approving by each Council and including in their Constitution.

 

Rochdale Council and Trafford Council had approved the revised Contract Procedure Rules.

 

The Monitoring Officer reported that the STAR Procurement team had advised the Council that there were a couple of minor cross-referencing errors in the report which would need amending as follows-

 

·         paragraph 2.5 Definitions – “PID” final sentence change reference from Rule 6.1 to Rule 5.1

·         paragraph 8.2.1 final sentence - change reference from Rule 9.3.2 to Rule 8.3.2

 

RESOLVED - That the Council Meeting be recommended to adopt the revisions to the Contract Procedure Rules for inclusion in the Council’s Constitution, subject to the minor changes detailed above.

 

 

7.

Constitutional Review - Health and Wellbeing Board, and Health and Care Integrated Commissioning Board pdf icon PDF 210 KB

To consider a report of the Monitoring Officer

 

The report reviews the functions of the Health and Wellbeing Board and Health and Care Integrated Commissioning Board.

 

The Working Party is requested to note the report and recommend the changes to the Constitution as set out in Schedule 1 to the report.

 

Officer Contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) which reviewed the functions of the Health and Wellbeing Board, and Health and Care Integrated Commissioning Board.

 

RESOLVED – That the Council Meeting be recommended to approve the changes to the Constitution  as they affect the Health and Wellbeing Board and the Health and Care Integrated Commissioning Board, as set out in Schedule 1 to the report.

8.

Constitutional Review - Area Committees pdf icon PDF 78 KB

To consider a report of the Monitoring Officer

 

The Labour Group has suggested that proposals be developed to ensure (i) the work of Area Committees better reflects the changing and increasing role of Councillors and, in particular, moves towards place-based working and (ii) that all Area Committees have similar powers, including responsibility for town centre planning returning to the Central Stockport Area Committee.

 

The Liberal Democrat Group has asked for a review of the Area Committee boundaries, in particular (but not limited to) revisiting the split of Cheadle Hulme across two Area Committees.

 

In addition, the Monitoring Officer has reviewed the existing Area Committee Functions and Schedule 1 to the report sets out some suggested amendments to the duties and responsibilities which better reflect the current position.

 

The Working Party is invited to recommend:-

 

·         that the amendments identified by the Monitoring Officer to the existing Area Committee Functions as set out in Schedule 1 to the report be supported.

·         whether a further report on possible changes to the current Area Committee arrangements including greater delegation of powers and delegated budgets is required.

·         that no change to Area Committee boundaries should be made at this time.

·         that the Council Meeting be recommended to abolish the Town Centre Committee.

 

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

 

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) regarding proposals which had been submitted by the Labour and Liberal Democrats Groups as to how the structure of Area Committees in Stockport could be changed, In addition, the Monitoring Officer had reviewed the existing Area Committee Functions and Schedule 1 to the report set out some suggested amendments to the duties and responsibilities of Area Committees which better reflected the current position.

 

The following comments were made/issued:-

 

·         There was some concern expressed about the proposal to abolish the Town Centre Committee, pending greater clarification of the planning powers and duties of Area Committees, the Town Centre Committee and the Planning and Highways Regulation Committee.

·         Members of the Central Stockport Area Committee needed to be more involved in the development applications considered by the Town Centre Committee in a similar way that Area Committees were consulted on major development applications to be considered by the Planning and Highways Regulation Committee.

·         With regard to the current powers and duties of Area Committees, a Member expressed the view that, under the Locality Working Model, the presumption should be that decisions were made at an Area Committee level unless there was a reason they could not be.

·         A Member expressed the view that Area Committees should be given greater delegated budgets and responsibilities.

·         Support was given to the suggestion from Councillor Colin Foster that ward councillors were involved in the comments submitted by the Council on consultations on planning applications from neighbouring local authorities.

·         Support was given to the comment of the Conservative Group that an upgrade of IT equipment for Planning Officers would benefit the public’s understanding of the planning process. Equipment to project planning applications for display at Committee meetings would also be helpful.

·         If Members wished a Traffic Officer to attend a particular Area Committee for a particular item then this request should be made through Democratic Services prior to the meeting.

·         The Chair of the Working Party agreed to discuss with Chief Superintendent Caroline Ball how the Police could engage to a greater extent with the Council’s Area Committees.

·         With regard to Area Committee boundaries, the problems with the Cheadle Hulme North Ward and the Cheadle Hulme South Area Committee being in two different Area Committees were debated.

 

RESOLVED   (1) That the Monitoring Officer clarify with the Chief Planning Officer the definition of the strategic planning applications currently submitted to the Town Centre Committee.

 

(2) That the issue of additional powers and duties for Area Committees be deferred until such time as the Executive was consulting on Year 2 of the budget.

 

(3) That it be recommended that a requirement be included in the Scheme of Delegation for the Corporate Director for Place Management and Regeneration to consult with Ward Councillors on consultations on planning applications with neighbouring local authorities,

 

 (3) That the Democratic Services Manager investigate with the Chief Planning Officer and Head of Information the upgrade of IT equipment for Planning Officers, particularly with regard to projecting planning applications for display at Area Committee meetings.

 

(4) That Councillor Iain Roberts provide examples at the next meeting of the Working Party of the problems encountered with the Cheadle Hulme North Ward and the Cheadle Hulme South Ward being in two different Area Committees.

9.

Constitutional Review - Scrutiny Committees pdf icon PDF 75 KB

To consider a report of the Monitoring Officer

 

The report sets out proposals in relation to the Council’s Scrutiny Committees.

 

The Working Party is invited to consider the proposals and make any comments.

 

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) setting out proposals in relation to the Council’s Scrutiny Committees.

 

The Labour Group has requested a review based on a continued assumption that there would be five Scrutiny Committees and eight Executive Portfolios (i) how scrutiny arrangements can more adequately reflect other internal structures, including the existing Council directorates and Executive portfolios and (ii) how to be as agile as possible in scrutinising the large number of cross-cutting projects which are currently underway (e.g. Public Safety and Protection, Health and Social Care, Digital by Design).

 

RESOLVED – (1) That the Council Meeting be recommended to adopt the revised Scrutiny Committees set out in paragraph 2 of the report from the 2017/18 Municipal Year, subject to the inclusion of the “Local Plan” within the remit of the Economy & Regeneration Scrutiny Committee.

 

(2) That the Monitoring Officer be requested to examine the Articles of the Constitution relating to the Solutions SK Contributors Committee, Stockport Homes Member Committee and the Funding Committee in order to ensure that there is no overlap with the role of Scrutiny Committees.

 

 

10.

Constitutional Review - Council Champions pdf icon PDF 77 KB

To consider a report of the Monitoring Officer

 

The report sets out a process for agreeing ‘Council Champions’ and the appointment of Members to such positions in the future.

 

The Working Party is invited to note the list of current ‘Council Champions’ and consider the proposed process for agreeing Council Champions and the appointment of Members to such positions in the future.

 

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

 

 

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) setting out a process for agreeing ‘Council Champions’ and the appointment of Members to such positions in the future.

 

The following comments were made/issues raised:-

 

·         support was given to the principle to the principle of having Council Champions.

·         checks should be made with existing Council Champions to see if they wished to continue in the role.

·         consideration should be given to advertising the position of Council Champions.

·         there was a need to be transparent about the process by which Council Champions were appointed. Representatives from the appropriate community should be involved in the appointment of the Council Champion, for example representatives of the Older Person’s Network should be involved in the appointment of the Older People’s Champion. This was a practice which had been adopted by a number of Welsh local authorities.

·         the period of appointment of the Council Champions should be reviewed.

 

RESOLVED – (1) That confirmation be sought from the existing Council Champions whether they wished to continue in the role.

 

(2) That the Democratic Services Manager be requested to develop further the process and criteria for the appointment of Council Champions and submit a further report to the next meeting of the Working Party.

 

11.

Date of Next Meeting

It is proposed that the next meeting of the Working Party be held at 6.00pm on 8 February 2017.

Minutes:

RESOLVED – That the next meeting of the Working Party be held at 6.00pm on 8 February 2017 in the Town Hall.