Agenda item

Members considered the Annual Constitution Review along with the Monitoring Officer report.  Also covered were the nature of complaints under the code of conduct.

The Monitoring Officer introduced the report and highlighted the significant changes made to Challenge and Improvement committee as a result of the review commissioned by Governance and Audit committee.  Also highlighted were new sections of the report raising awareness of all governance matters.

Following this introduction. Members and officers provided comment on the report:

·         It was concerning that there was a proposal to remove Ward Councillors from the street naming consultation process.  Members present were keen to retain this function;

·         On occasions where County Councillors wished to speak at a Planning Committee  but were unable to for personal reasons (such as holiday absence, or illness for example), another County Councillor could be nominated to speak on their behalf.  This would be at the discretion of the Planning Committee Chairman;

·         It was proposed that in Part V of the Constitution it be made explicit that only those present at annual council could elect a Chairman;

·         Attendance rates of Councillors at committee were recorded and published on the West Lindsey District Council website.  Attendance rates at training was recorded internally and held by Democratic Services;

·         The portfolio gross yield was 7.27% across all of the properties in the investment portfolio;

·         There would be specific training, or ‘masterclasses’ for the new Member devices that were being issued, in time for the new electoral cycle;

·         It was also beneficial for West Lindsey District Council (WLDC) to achieve high attendance levels at training; the cost per head for training was much higher if only a low number of Members attended;

·         The standard of inductions thus far has been high;

·         Councillors being prevented from abstaining during voting was a proposal that wasn’t being taken forward.  It was requested that the explanation for this should outline that the risk would be for the authority as well as Councillors;

·         The suggested changes to the Constitution from the Governance and Audit committee were as follows:

Following the conclusion of discussion on this item, the Chairman moved an amendment to recommendations (b) and (e) from the Chair. 

The wording “….and the Governance and Audit committee” was to be added to recommendation (b). 

For recommendation (e), the wording “which was to include a review of the functions of both policy committees” was to be added. 

These amendments were seconded, and the recommendations were taken ‘en bloc’.  Following a vote, it was therefore RESOLVED that:

(a)       Members note the outcome of the annual review;

(b)       The amendments detailed at Section 2 of the report and the Governance and Audit committee be recommended to Council for immediate adoption and implementation;

(c)        The proposed amendments, raised through the review process,

but which are not being progressed, detailed at Section 2.8 be agreed

and recommended to Council for non-inclusion;

(d)       Members approve the amendment made to the Contract and

Procurement Procedure Rules detailed at Section 3.2 of the report

(the full set of Procedure rules are attached at Appendix 2 for

completeness) and these be noted by Council as part of the Annual

Review;

(e)       Members note the progress made with regards to those areas of

work agreed for further development in the 2018/19 review (Section

4) and the further planned work for 2019/20 detailed at Section 5 of

the report, which was to include a review of both policy committees;

(f)        Members agree the governance outlined in this report, in

respect of managing Commercial and Economic Growth, provides

assurance that the council is taking appropriate mitigating measures

against the risks identified in its commercial approach and note the

updated position provided at Section 6 of the report;

(g)       Members note the statistical data provided within the report in

respect of the number, nature and outcome of the Code of Conduct

Complaints at Section 7 of the report;

(h)       Members note the appointment information contained in Section

8 of the report, which will be subject to separate reports being ratified

by Annual Council in May 2019.