Agenda and minutes

Constitution Working Party - Thursday, 13th February, 2014 6.00 pm

Venue: Committee Room 2, Town Hall, Stockport. View directions

Contact: David Clee 

Items
No. Item

1.

Minutes pdf icon PDF 47 KB

To approve the Minutes of the meeting held on 6 January 2014 as a correct record.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 6 January 2014 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:

No declarations of interest were made.

3.

Council Meeting Procedure Rules - Questions by Councillors pdf icon PDF 28 KB

To consider a report of the Democratic Services Manager

 

The report considers possible changes for dealing with questions and comments in relation to Executive, Scrutiny and Ordinary Committee business.

 

The Working Party is requested to consider whether to recommend any changes to Rule 11.1 of the Council Meeting Procedure Rules in relation to Questions by Councillors.

 

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

Minutes:

The Democratic Services Manager submitted a report (copies of which had been circulated) regarding possible changes for dealing with questions and comments in relation to Executive, Scrutiny and Ordinary Committee business. The Group Leaders had also been consulted on the possible changes and had expressed the view that there should be no change to the current provision in the Constitution.

 

RESOLVED – That the Working Party recommends that there should be no change to Rule 11.1 of the Council Meeting Procedure Rules in relation to Questions by Councillors.

 

 

 

4.

Changes to the Public Question Time Procedure pdf icon PDF 36 KB

To consider a report of the Democratic Services Manager

 

The report seeks approval to amend the current Public Question Time procedure for Executive and Committees (CP5) in order to amend the provisions relating to the exclusion of questions in order bring this in line with the Council Meeting procedure.

 

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

 

 

Additional documents:

Minutes:

The Democratic Services Manager submitted a report (copies of which had been circulated) regarding a proposed amendment to the current Public Question Time procedure for the Executive and Committees (CP5) to bring it into line with the procedure for the Council Meeting by including all those exclusions listed under Council Meeting Procedure Rule 10.5 within the Committee procedure (subject to appropriate amendment to the wording to reflect committee practice).

 

RESOLVED – That the Council Meeting be recommended to approve the proposed amendment to the Public Question Time procedure for the Executive and Committees (CP5) as detailed in the report.

5.

REPORTING AND RECORDING OF MEETINGS OF THE COUNCIL pdf icon PDF 36 KB

To consider a report of the Democratic Services Manager.

 

The Working Party is recommended to amend the ‘Media’ provisions of the Executive Procedure Rules and the Council Meeting Procedure Rules, as detailed in Section 4 of the report.

 

Officer Contact: Damian Eaton on 0161 474 3207 or e mail: damian.eaton@stockport.gov.uk

 

 

Minutes:

The Democratic Services Manager submitted a report (copies of which had been circulated) with regard to a section relating to the filming and social media reporting of meetings in the guidance from the Department for Communities and Local Government in June 2013 entitled ‘Your Council’s cabinet – going to its meetings, seeing how it works – a guide for local people’. The guidance allowed for the filming of councillors and officers at meetings of the Executive.

 

The following comments were made/issues raised:-

 

·         Concern was expressed about allowing the public speaking on planning applications at area committees to be filmed where the permission of the public speakers to be filmed had not been obtained.

·         Concern was expressed about allowing controversial planning applications to be filmed and the possibility for intimidation.

·         Concern was expressed about councillors filming one another.

 

RESOLVED – (1) That the Council Meeting be recommended to amend the ‘Media’ provisions of the Executive Procedure Rules and the Council Meeting Procedure Rules as detailed in Section 4 of the report.

 

(2) That the Leader of the Council and the Mayor advise members of the public about the rules governing the filing of the meetings at the commencement of each Executive Meeting and Council Meeting.

 

(3) That the recording of the proceedings of meetings apply solely to the Executive Meeting and the Council Meeting.

 

(4) That the possibility of a Member protocol on the filming of meetings be explored in the Municipal Year, particularly with regard to a Councillor filming another Councillor.

6.

Localism Act: Community Right to Bid pdf icon PDF 26 KB

To consider a report of the Democratic Services Manager

 

The report considers formalising the constitutional requirements with regard to the Community Right to Bid which was introduced as part of the Localism Act and came into force on 12 October 2012.

 

The Working Party is recommended to approve that the Scheme of Delegation be amended as set out in the recommendations to the report.

 

Officer Contact: David Clee on 0161 474 3137 or e mail: david.clee@stockport.gov.uk

 

 

Minutes:

The Democratic Services Manager submitted a report (copies of which had been circulated) which proposed the formalisation of the constitutional requirements with regard to the Community Right to Bid which was introduced as part of the Localism Act and came into force on 12 October 2012.

 

RESOLVED – (1) That Part 3 – Scheme of Delegation, Appendix 4 – Area Committee Functions be amended by the addition of the following:-

 

Executive Functions

 

To be responsible for maintain a list of assets (land and buildings) in its area that are of community value, as nominated by the local community, as well as a list of unsuccessful nominations.

 

(2) That Part 3 – Scheme of Delegation, Appendix 10 – General Delegation to all Directors be amended as follows:-

 

C. In Connection with General Matters

 

To undertake listing reviews or compensation reviews under the Council’s Community Right to Bid policy.

7.

NEW ARTICLES TO THE CONSTITUTION FOR THE SOLUTIONS SK CONTRIBUTORS COMMITTEE, STOCKPORT HOMES MEMBER COMMITTEE AND THE FUNDING COMMITTEE pdf icon PDF 22 KB

To consider a report of the Democratic Services Manager

 

The Working Party is recommended to approve a new Article to the Constitution with regard to the Solutions SK Contributors Committee, Stockport Homes Member Committee and the Funding Committee.

 

Officer Contact: Stephen Fox on 0161 474 3206 or e mail: stephen.fox@stockport.gov.uk

 

 

Minutes:

The Working Party considered a proposed new Article to the Constitution for the Solutions SK Contributors Committee, Stockport Homes Member Committee and the Funding Committee (copies of which had been circulated).

 

RESOLVED – (1) That the proposed Article be recommended for approval by the Council Meeting subject to Article X.03 be amended as follows:-

 

X.03 Composition

 

The Committee will be appointed annually at the Council Meeting on the following basis:-

 

            2 Liberal Democrat Councillors

            2 Labour Councillors

            1 Conservative Councillor

            1 Independent Ratepayer Councillor.

 

(2) That the use of Rule 26 of the Council Meeting Procedure Rules in this Article and other parts of the Constitution be re-examined.

 

(2) That the terms of reference for the Funding Committee be considered by the Group Leaders.

8.

Recorded Votes at Council Meetings determining the Budget

The Democratic Services Manager will report at the meeting.

Minutes:

The Democratic Services Manager reported that recent Government guidance meant that there was now a requirement for how Councillors voted to be recorded in the Minutes for Council meetings which determined the Budget. This would necessitate an amendment to the Council Meeting Procedure Rules.

 

RESOLVED – That the report be noted.

 

9.

Barry Khan, Council Solicitor

Minutes:

The Chair reported that that this would be the last meeting of the Working party which Barry Khan, Council Solicitor, would be attending prior to taking up a new appointment with North Yorkshire County Council.

 

RESOLVED – That Mr Khan be thanked for his work on behalf of the Working Party and offered Members’ best wishes for the future.