Agenda and minutes

Constitution Working Party - Wednesday, 25th July, 2012 6.00 pm

Venue: Meeting Room 5, Town Hall. View directions

Contact: Viki Shaw 

Items
No. Item

1.

Minutes pdf icon PDF 28 KB

To approve as a correct record and sign the Minutes of the meeting held on 25 June 2012.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 25 June 2012 were approved as a correct record.

2.

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 which they had in any of the items on the agenda for the meeting.

 

The following interests were declared:-

 

Personal Interests

 

Councillor

Interest

Peter Burns

 

 

Agenda item 3 ‘Amendment to the Constitution in relation to the Corporate Credit Card Scheme’ as Chair of a finance committee at a Stockport primary school.

 

 

Andrew Verdeille

Agenda item 3 ‘Amendment to the Constitution in relation to the Corporate Credit Card Scheme’ as Chair of Reddish Vale Technology College Governing Body.

 

3.

Amendment to the Constitution in relation to the Corporate Credit Card Scheme pdf icon PDF 23 KB

The Working Party is invited to consider amending the Constitution to allow maintained schools to use the Corporate Credit Card Scheme.

Minutes:

A representative of the Corporate Director, Corporate and Support Services, submitted a report (copies of which had been circulated) inviting the Working Party to consider a proposed amendment to the Constitution to allow maintained schools to make use of the Corporate Credit Card Scheme and utilise Business Charge Cards in accordance with that Scheme.

 

The following comments were made / issues raised:-

 

·         The proposed amendments had been endorsed by the Corporate Director, Corporate Support Services.

·         It was clarified that maintained schools already made use of Stockport Council’s Corporate Credit Card Scheme and that this proposal was to allow the additional usage of Business Charge Cards in accordance with the usage policy set down on credit cards and charge cards in the Scheme for Financing Schools.

·         Unlike Corporate Credit Cards, it was a requirement to settle the total balance each month on a Business Charge Card.

·         It was noted that a recent audit report on the use of Corporate Credit Cards had not yet received a management response, however it was agreed that any review of this issue went beyond the remit of the Working Party and should be considered by the Audit Committee.

·         It was agreed that to allow the use of Business Charge Cards was of a lower risk than the scheme already in place that allowed schools to use Corporate Credit Cards.

·         A copy of the Corporate Credit Card Scheme was available to Councillors on request.

 

RESOLVED – That the Monitoring Officer be requested to include the following wording in PR5 Financial Procedure Rules paragraph 9 of the Constitution to be agreed by the Council Meeting:-

 

“9.20 Maintained Schools are permitted to make use of the Corporate Credit Card Scheme and may also use Business Charge Cards in accordance with the usage policy set down on credit cards/ charge cards in the Scheme for Financing Schools.”

4.

Arrangements for 'Purdah' pdf icon PDF 36 KB

To consider a report of the Monitoring Officer.

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) inviting the Working Party to consider the arrangements for restricting publicity during the period preceding an election known as ‘Purdah’ whilst allowing the continuation of business at meetings.

 

The following comments were made / issues raised:-

 

·         Purdah was a political convention where there was a presumption against taking significant or contentious decisions or making policy announcements during the period immediately before an election.

·         The two issues to be considered in relation to ‘Purdah’ arrangements were publicity and decision-making.

·         It was agreed that having an extended period of time with restrictions on decision making at Area Committees was not desirable.

·         It was important to support normal Council business as far as possible; however there should be constraints on any controversial decisions and any new policy decisions by the Executive during the Purdah period.

·         It was agreed that the current restrictions in place in relation to publicity and promotion during Purdah set out in the Code of Recommended Publicity were acceptable.

·         The current business programme, including Council meetings, Area Committees and Scrutiny Committee meetings should remain unaffected by Purdah.

·         It was agreed that any proposed controversial matters for consideration during Purdah be referred by the Chief Executive or the Monitoring Officer to the four Group Leaders in order for them to take a view on whether the item should be considered.

·         Any announcements of new policy or major capital expenditure should also be restricted during this period.

 

RESOLVED – (1) That the Monitoring Officer be requested to draft a proposed amendment to Article 13 of the Constitution to reflect the agreed arrangements in relation to Purdah and submit this draft to the next Working Party meeting.

 

(2) That the Monitoring Officer be requested to report back to the Working Party on the success of these proposed arrangements after the next period of Purdah.

5.

Work Programme for the Constitution Working Party pdf icon PDF 22 KB

To consider a report of the Democratic Services Manager.

 

The Working Party is invited to consider the items for review identified by members of the Working Party and agree a work programme for the current municipal year.

Minutes:

A representative of the Democratic Services Manager submitted a report (copies of which had been circulated) inviting the Working Party to agree a Work Programme for the remainder of the current municipal year.

 

The following comments were made / issues raised:-

 

·         It was suggested that the amendments to the Constitution relating to the Localism Act 2011 including the Community Right to Challenge, General Power of Competence, Neighbourhood Planning and Governance should be considered at the next meeting of the Working Party. It was suggested that issues relating to the Mayoralty and Council Meeting procedures would be discussed at the following meeting of the Working Party.

·         It would be important to consider the implications any amendments would have on all committees of the Council.

·         It was suggested that the Democratic Services Manager write to the Local Government Association and report back to the Working Party how other local authorities arrange their Officer Code of Conduct.

·         Any routine amendments to the Constitution could be forwarded to the Monitoring Officer by Councillors at any time outside the Working Party timetable.

·         A future Working Party meeting should be arranged to discuss any proposed amendments relating to the Health and Social Care Act 2012.

 

RESOLVED – (1) That the Monitoring Officer be requested to submit a report to the next Working Party meeting summarising proposed amendments to the Constitution arising from the Localism Act 2011 and subsequent regulations or guidance.

 

(2) That the Democratic Services Manager be requested to submit a report to a future Working Party meeting summarising Officer Code of Conduct arrangements at other local authorities.

6.

Future meeting dates

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

 

Wednesday 22 August 2012 at 6pm

Thursday 20 September 2012 at 6pm

Wednesday 17 October 2012 at 6pm

Wednesday 15 November 2012 at 6pm

Minutes:

RESOLVED – That the Democratic Services Manager, in consultation with the Chair, be requested to set a date for the next meeting of the Working Party, and that future meeting dates be agreed after each meeting.