Question to Council Meeting 30th of June by Chris Harris
Question to the Legal and Monitoring Officer.
(A minimum of 2 days notice is necessary to ask a question at Public Question Time)
Concerning item No 10 on the Agenda of the Annual Meeting on the 19th of May " ESTABLISHMENT OF A POLICY CO-ORDINATION AND DEVELOPMENT COMMITTEE", who actually decided that the item could be included in the Agenda? Is it according to the Constitution, and if so which line of clause 4.6.2 does the inclusion of this report and the subsequent debate and vote come under?
Below for reference is an extract from the Constitution. (This was not read out at the meeting)
4.6.2 The annual meeting will:
• Elect a person to preside if the outgoing Mayor is not present.
• Elect the new Mayor.
• Appoint the new Deputy Mayor.
• Receive any declarations of interest from Councillors.
• Approve the minutes of the last meeting.
• Receive any announcements from the Mayor or Chief Executive.
• Elect the Leader.
• Elect the Deputy Leader.
• Appoint another seven Councillors to the Cabinet.
• Appoint the Chair of each Overview and Scrutiny Committee, the Planning
Committee, the Licensing Committee, the Pensions Committee, the Members’
Services Working Party and the Appointments Committee followed by the Vice
Chair of each of those Committees, where appropriate.
• Appoint members to the Ethics & Standards Committee for a term of up to four
years.
• Determine the allocation of seats to political groups in accordance with the
political balance rules (see paragraph 1.5.3)
• Appoint the members of each Overview and Scrutiny Committee, the Planning
Committee, the Licensing Committee, the Pensions Committee, the Members’
Services Working Party, the Appointments Committee, the Audit Committee and
the Appeals Committees referred to in Part 10, in accordance with the allocation
of seats and three members of the Ethics and Standards Committee.
• Appoint the Chair and members of any other Member/Officer group, Working
Party or Panel established by the Council for specific purposes.
• Appoint Councillors to serve on such outside bodies as the Council considers
appropriate.
Answer at Council
The Chief Executive as the Proper Officer is responsible for sending an Agenda for meetings which gives the date, time and place of each meeting and specifies the business to be transacted. It is accompanied by such reports as are appropriate (4.11.1 of the Constitution). All Agendas for meetings of full Council, including the agenda for the AGM, are prepared by the Lead Officer, Council and Member Support (formerly Acting Head of Democracy) on advice by the Chief Legal Officer and Monitoring Officer.
Clause 4.6.2 lists the matters that take place at the annual meeting but those matters listed are not exclusive, otherwise the introduction to 4.6.2 would read ‘the annual meeting will only: …….’
As the purpose of the annual meeting is to make the appointments necessary for the forthcoming civil year, a report which seeks the creation of a fresh Committee is appropriate to include on the Agenda for the AGM so that Councillors could consider whether both to establish the new Committee and, if that is approved, to make appointments to it, at the same time as it considers political balance across all the available seats on committees.
Supplemental Question at Council
At the commencement of an annual meeting by definition there is no leader, no leading party and no cabinet. Now the precedent is set then I assume for the next annual meeting any or all of the opposition members could equally submit agenda items for constitutional change. Do you agree and does the prospect of this worry you just a little?
(This question was not answered at council but written answer was promised.)
Written Answer to Supplemental Question, received 8th July
The Leader, Deputy Leader and cabinet members hold office until the annual meeting following his/her election (unless they cease to be a councillor on other grounds – see Paras 5.2.1/5.3.1/5.4.1 of the Constitution). The Constitution is not specific as to whether they cease to hold office at the beginning of that meeting or until the agenda item when Council votes on elections for those posts for the next civic year. Reports on the creation of new committees are appropriate – if received in time- for consideration at the AGM. My concerns would be to ensure that such reports and their recommendations have a legal basis and that all the functions of the Council can still be properly carried out.
Additional questions emailed to Legal and Monitoring Officer
----- Original Message -----
From: Chris Harris
To: Willis Lynda (Legal)
Sent: Thursday, July 09, 2009 9:58 AM
Subject: Re: Answer to Supplemental Question at Council Meeting on 30 June 2009
Dear Ms Willis
Thank you very much for your reply.
If allowed may I seek a little clarification?
The report presented as an Agenda Item at the annual meeting was, politically, the idea and work of one elected member, albeit the outgoing and, as it worked out, the re-elected leader, with the assistance of officers of course. Discussions on something slightly along these lines had I understand been discussed, at the leaders request, by the Members Constitution Working Party, but not in detail and certainly not to anything like a conclusion, with recommendations. So this report was put to those who decide on the Agenda, by one person and not on the recommendation of any committee, working party or even the cabinet.
Please can you clarify as follows:-
- If an individual, or a group, from the opposition put forward a report recommending the reduction in the number of committees and maybe SRA's for the next AM, maybe in response to Welsh Assembly recommendations, would it be allowed as an Agenda item and would equal consideration be given to its position on that agenda, ie before that part where appointments were made?
- Can individual members or a group of members, of any political allegiance, put forward an agenda item for a normal council meeting? This would be different from a member's motion to council because a full report could be presented, there would be no need for them to be seconded and the consideration of the matter would come earlier in the meeting. Is it only the Leader, Committees, working parties and/or Officers who can put forward reports for discussions as agenda items on annual meetings or normal council meetings, or can opposition members or opposition groups do the same?
Yours sincerely,
Chris Harris
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