Issue - meetings

The Committee heard from the Monitoring Officer who introduced the report. It was stated that the report served to update the Committee and sought approval for the second stage of amendments to the Council’s Constitution. The Monitoring Officer explained that towards the end of 2024, a legal health check was conducted on the Constitution and a briefing was provided to Members on the outcome, along with a copy of the legal advice received. It was summarised that the health check found the Constitution to be largely legally compliant, but updates and changes had been recommended to ensure compliance with current good practice and legislative changes.

The Monitoring Officer continued, explaining that the first recommended change concerned the Council's Standards Committee. It was advised that a local authority Standards Committee should exist independently rather than within the Governance and Audit Committee's sphere. Therefore, it was recommended that the Standards Committee be established as a full Committee in its own right.

The second change, it was stated, aimed to clarify that the Council's licensing functions under the Licensing Act 2003 were dealt with separately from other regulatory matters, as the Licensing Act 2003 constituted its own legal regime and required a separate Committee article. It was highlighted that the next amendment proposed changing Article 6 of the Constitution to “appoint” the Leader of the Council rather than to “elect” the leader, in line with the legal advice given and to reflect the Committee system form of governance.

The Monitoring Officer specified that the health check also recommended increasing the size of the Chief Officer Employment Committee to allow for a separate appeals panel if needed, whilst remaining quorate. It was confirmed that this change was to comply with the Joint National Council Process for Chief Officer disciplinary matters, ensuring the Officer subject to disciplinary action could refer any decision to a clean appeals panel.

The final change detailed in the report was to amend Article 10 to reflect the joint arrangements the Council had through the Central Lincolnshire Joint Strategic Planning Authority and the Joint Committee for Devolution. It was noted that these changes were recommended to be made to the Constitution in accordance with the legal advice received, and then to be progressed on to the Annual Council meeting in May 2025.

Members of the Committee raised a concern regarding the recommendation to “appoint” rather than “elect” a leader, questioning its alignment with democratic principles. In response, the Monitoring Officer explained that, under West Lindsey District Council’s Committee System form of governance, the Council was not in a position to elect a leader with executive powers unlike in a Cabinet Executive Model. This proposed change in terminology, it was clarified, was in order to ensure compliance with regulations. It was stated that the Leader of the Council was appointed as the person leading the largest political group and the Chair of the Corporate Policy and Resources Committee.

Members of the Committee acknowledged the explanation and the need for the amendments; however,  ...  view the full minutes text for item 136