To consider the report of the Corporate Manager Democratic & Civic Support and City Solicitor & Head of HR.
Decision:
Agreed |
RECOMMENDED that Council approve the following changes to Exeter City Council's constitution with effect from the 16 October 2019:-
In relation to the Executive Council to agree:
(1) The deletion of the Exeter convention requiring the Leader to allocate a seat on the Executive to a member from each political group; (2) That the opposition group leaders shall not be required to give notice under Standing Order 44 to speak on any item on the Executive Agenda;
In relation to the Council's Scrutiny arrangements, Council to agree:
(3) The reduction to the number of scrutiny committees from three in number to two to be known as Strategic Scrutiny Committee and Customer Focus Scrutiny Committee; (4) To agree the terms of reference for these two Scrutiny Committees as set out in the appendix attached to the report presented to the meeting; (5) To increase the membership of both scrutiny committees from 10 to 14 members; (6) For the avoidance of doubt, members of the Executive may not serve on either the Scrutiny Committees or the Scrutiny Programme Board; (7) To set up a Scrutiny Programme Board (“SPB”) to be made up of one member appointed by the Leader together with the Chairs and Deputy Chairs of each of the two Scrutiny Committees; (8) To agree the terms of reference for the Scrutiny Programme Board as set out in the appendix to the report; (9) To cease the current practice of pre-scrutinising reports destined for the Executive;
In relation to enhancing public participation at Council meetings, Council agrees that
(10) To encourage public participation in city council meetings by agreeing public questions at Council meetings, the Executive and Scrutiny Committees as set out in the terms of reference attached In the Appendix to this report; (11) For the avoidance of doubt members of the public may not ask questions at Annual Council or special meetings; (12) The Monitoring officer be authorised to amend Exeter City Council's constitution to give effect to these recommendations.
In relation to Members allowances as a result of these changes, following consideration from the Independent Remuneration Panel, the Council agrees:
(13) A new allowance be payable to Opposition Group Leaders as follows:-
· A Group of two to receive an allowance equivalent to 20% of the basic allowance; · A Group of between three and five to receive an allowance equivalent to 50% of the basic allowance; and · A Group of six or more, to receive an allowance equivalent to 60% of the basic allowance;
(14) The Leader of the largest political group will be appointed as the Leader of the Council; (15) The Deputy Chairs of the two Scrutiny Committees and of the Planning Committee, to receive a Special Responsibility Allowance equivalent to 50% of the basic allowance; (16) To note that if all of the posts eligible for the payment of a Special Responsibility Allowance (SRA) were paid to individuals, then this would amount to a total of 23 SRAs, considered as good practice, being payable, which is above the 50% threshold. A review of the SRA and the operation of the new governance system, to be undertaken in September 2020, and include interviews with a cross-section of councillors and SRA recipients; (17) To welcome the adoption of the parental leave scheme; (18) That as a consequence of the above, to agree a budget of up to £14,000 for the additional responsibility allowances created as a result of these changes;
In the event that recommendations above are agreed, that Council agrees;
(19) The appointment of 14 members to each of the two Scrutiny Committees; (20) The appointment of the Chair and Deputy Chair for the Strategic Scrutiny Committee; (21) The Appointment of the Chair and Deputy Chair for the Customer Focus Scrutiny Committee; (22) The appointment of Members to the Scrutiny Programme Board; and (23) The appointment of the Chair and Deputy Chair of the Scrutiny Programme Board.
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Reason for Decision: |
As set out in the report.
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Minutes:
The Executive considered the report on the review of the Council's Governance Arrangements, which set out the recommendations from the cross party Working Group established at the Executive Committee meeting in June 2019 (Min. No. 56 refers). The cross party working group had proposed changes to the Constitution and the Committee process, as outlined in the report. The changes would make improvements to and accelerate the decision making process, enhance transparency and encourage more public engagement and participation at committee meetings.
Councillor D Moore, having given notice under Standing Order No.44, spoke on this item. She enquired about the effectiveness of the new governance arrangements in holding the Executive to account, partner bodies for scrutiny and the 50 word limitation for questions.
Councillor R Hannaford, having given notice under Standing Order No.44, spoke on this item as the Chair of the Governance Review Group. Reference was made to the changes to Executive Committee becoming a one party committee but allowed leaders from opposition groups to speak, enabling a more focussed approach to Scrutiny arrangements and bringing value to the Council. The new Scrutiny arrangements would ensure that the role of Deputy Chair would be more active and allow for policies to be reviewed and scrutinised and making processes more robust. Particular reference was made to the improvements to public engagement which would be reviewed again in six months. He highlighted that the process would be Member led and improve the balance between Members and the Council.
During the discussion, the following points were raised:-
· The Executive would move to a single party committee with up to 10 Members;
· All reports would go directly to the Executive, removing the pre scrutiny system;
· The changes would enhance public engagement at meetings;
· The Independent Remuneration Panel had convened and made recommendations which were included in the recommendations to Council;
· The new arrangements would come into effect from 16 October 2019, and would be reviewed again in September 2020;
· The agreed budget for additional responsibility allowance was £14,000;
· A draft revised calendar of meetings would be provided to Members ahead of the Council meeting on 15 October 2019;
· Questions within 50 words was normal procedure and consistent with processes at other local authorities. The process would be supportive and inclusive for all members of the public.
The Leader of the Council commented on the important work that had been undertaken, noting the Council would want to help and support the public and prevent any form of exclusion. He expressed his thanks for the support from group leaders to help ensure the Council continued to be a professional and well run authority.
RECOMMENDED that Council approve the following changes to Exeter City Council's constitution with effect from the 16 October 2019:-
In relation to the Executive Council to agree:
(1) The deletion of the Exeter convention requiring the Leader to allocate a seat on the Executive to a member from each political group;
(2) That the opposition group leaders shall not be required to give notice under Standing Order 44 to speak on any item on the Executive Agenda;
In relation to the Council's Scrutiny arrangements, Council to agree:
(3) The reduction to the number of scrutiny committees from three in number to two to be known as Strategic Scrutiny Committee and Customer Focus Scrutiny Committee;
(4) To agree the terms of reference for these two Scrutiny Committees as set out in the appendix attached to the report presented to the meeting;
(5) To increase the membership of both scrutiny committees from 10 to 14 members;
(6) For the avoidance of doubt, members of the Executive may not serve on either the Scrutiny Committees or the Scrutiny Programme Board;
(7) To set up a Scrutiny Programme Board (“SPB”) to be made up of one member appointed by the Leader together with the Chairs and Deputy Chairs of each of the two Scrutiny Committees;
(8) To agree the terms of reference for the Scrutiny Programme Board as set out in the appendix to the report;
(9) To cease the current practice of pre-scrutinising reports destined for the Executive;
In relation to enhancing public participation at Council meetings, Council agrees
(10) To encourage public participation in city council meetings by agreeing public questions at Council meetings, the Executive and Scrutiny Committees as set out in the terms of reference attached In the Appendix to this report;
(11) For the avoidance of doubt members of the public may not ask questions at Annual Council or special meetings;
(12) The Monitoring officer be authorised to amend Exeter City Council's constitution to give effect to these recommendations.
In relation to Members allowances as a result of these changes, following consideration from the Independent Remuneration Panel, the Council agrees that:
(13) A new allowance be payable to Opposition Group Leaders as follows:-
· A Group of two to receive an allowance equivalent to 20% of the basic allowance;
· A Group of between three and five to receive an allowance equivalent to 50% of the basic allowance; and
· A Group of six or more, to receive an allowance equivalent to 60% of the basic allowance;
(14) The Leader of the largest political group will be appointed as the Leader of the Council;
(15) The Deputy Chairs of the two Scrutiny Committees and of the Planning Committee, to receive a Special Responsibility Allowance equivalent to 50% of the basic allowance;
(16) To note that if all of the posts eligible for the payment of a Special Responsibility Allowance (SRA) were paid to individuals, then this would amount to a total of 23 SRAs being payable, which is above the 50% threshold as being good practice. A review of the SRA and the operation of the new governance system, to be undertaken in September 2020, and include interviews with a cross-section of councillors and SRA recipients;
(17) To welcome the adoption of the parental leave scheme;
(18) That as a consequence of the above, to agree a budget of up to £14,000 for the additional responsibility allowances created as a result of these changes.
In the event that recommendations above are agreed, that Council agrees;
(19) The appointment of 14 members to each of the two Scrutiny Committees;
(20) The appointment of the Chair and Deputy Chair for the Strategic Scrutiny Committee;
(21) The Appointment of the Chair and Deputy Chair for the Customer Focus Scrutiny Committee;
(22) The appointment of Members to the Scrutiny Programme Board; and
(23) The appointment of the Chair and Deputy Chair of the Scrutiny Programme Board.
Supporting documents: