CONSTITUTION WORKING PARTY 2ND OCTOBER, 2002 Minutes of the meeting of the Constitution Working Party of the Flintshire County Council held at County Hall, Mold on Wednesday, 2nd October, 2002. PRESENT: Councillors L.A. Aldridge, R.C. Bithell, D.M.D. Clayton, Q.R.H.Dodd, E.F. Evans, R.K. Evans, E. Hall, P.G. Heesom, K. Iball, T.W.Jones, M. Matthews, D.G. Parry, Mrs. A. Slowik and Mrs. P.J. Walkden. APOLOGY: Councillor H.G. Roberts. IN ATTENDANCE: Monitoring Officer and Principal Administration Officer. 1. APPOINTMENT OF CHAIRMAN RESOLVED: That Councillor R.K. Evans be appointed Chairman. 2. APPOINTMENT OF VICE-CHAIRMAN RESOLVED: That Councillor D.M.D. Clayton be appointed Vice-Chairman. 3. DELEGATION SCHEME The Working Party considered the report of the Monitoring Officer, the purpose of which was to enable Members to consider a revised Delegation Scheme to replace that presently set out in Part 3 of the Constitution. The report fully detailed the background to the preparation of this report together with the relevant considerations. In presenting the report, the Monitoring Officer referred to page 72 (Section 6) and advised that the officer was the Director of Education and not Chief Executive as stated. It was also noted that there was emerging legislation relevant to education and other matters and this could also have a bearing on this part of the Constitution. It was therefore on the basis of a working document that the Constitution was being prepared. A Member referred to a section on Registration and Licensing and suggested that these categories be brought together under one heading and the Working Party felt that this was a good suggestion. The Leader of the Council referred to page 61 in relation to Appointments Procedures and expressed surprise that Members were not being involved in the shortlisting for second tier appointments. The Monitoring Officer also indicated that he would amend that part of Table 1 relating to Appointments to clarify the functions of the Appointments Committee. Reference was also made to the Audit Committee and Members suggested that it be made clear in the document that the Chair and Vice-Chair of this Committee came from within the ranks of the leading Opposition Parties. It was also suggested that the existing position relating to Substitutes for the Audit Committee be clarified. The Leader also referred to page 77 (para. 3) in relation to Delegation of Executive Functions to Executive Members and the Working Party concurred with his view that such delegations should be "in consultation with the statutory officers". In discussing the section in relation to delegated powers applicable to all Chief Officers (page 94), reference was made to the authorisation of overtime and in view of experiences elsewhere, Members felt there should be a safeguard in this matter. Members referred to other points but it was made clear that the Council were bound by the provisions of the Green Book and National Agreements. However, the Monitoring Officer explained that he would suggest a wording whereby the situation in relation to contracted overtime would be safeguarded. It was also suggested that there should be cross-reference on those matters between pages 96 and 77. The Monitoring Officer referred to the Proper Officer functions (page 97) and indicated that it would be necessary to add to the list identified at this stage. He referred in particular to the officer to identify "exempt information" and "confidential information" and "need to know" procedures. His initial view was that this should lie with the County Secretary. Whilst accepting this as a principle, it was felt that if there was a disagreement it would ultimately fall back to be the responsibility of the Monitoring Officer under his reporting duties. Members shared the view that this would only be a rare occurrence, because in the vast majority of cases all Members would have such a "need to know". Reference was also made to the Welsh Church Acts Fund and the Voluntary Organisation Grants Panel and the Monitoring Officer confirmed that this situation required rationalisation within the document. With regard to the Recreation Section identified on page 112, it was queried if the situation would change when the function was undertaken by private contractors. However, the Monitoring Officer felt that the principle would not be affected as the Client Role will remain an important function of the Council. On page 69 Members identified a spelling error - "appeal". In the same section Members referred to the need for further training in this area. On page 86 in the portfolio for Education, Children's Services and Recreation no reference had been made to Culture and the Arts and this was noted. On page 62, item 13, Members referred to the correction of the spelling of "trees". With regard to responsibilities for functions (page 54), the Leader of the Non-Aligned Group expressed his concern that based on the current numbers of Planning and Development Committee his Group was not represented. He explained why he felt that there should be an increase in numbers on the Planning and Development Control Committee to allow such representation. However, the other Members of the Working Party shared the view that the Council had agreed the Committee structure and the numbers and that political balance had been taken into account in determining representation upon each Committee. They felt that the structure was sound and that numbers could not be adjusted to accommodate a single situation because there was always a possibility that there could be change of political allegiance within the Council or with By-Elections and this could have an affect upon the representation on each Committee. It was for this reason that it was important for the structure to remain. This matter was discussed at considerable length, with a contribution from a number of Members, with a clear majority supporting the current arrangements. RESOLVED: That the Council be recommended to adhere to the existing number of 21 Members of the Planning and Development Committee, with the current political balance arrangements remaining. 4. CALL-IN POWERS OF THE OVERVIEW AND SCRUTINY COMMITTEES The Committee considered the report of the Monitoring Officer, the purpose of which was to consider whether or not to amend the Call-In provision of the Overview and Scrutiny Committees. The report identified the relevant considerations in this matter and the Monitoring Officer advised that the National Assembly for Wales were still pursuing this matter with a view to giving further advice. However, in the meantime the Working Party concurred with the view that there was a need to introduce interim arrangements. The Working Party were advised of the current arrangement and it was generally accepted that it placed too much onus on the Chairs and Vice-Chairs of the existing Overview and Scrutiny Committees and it was necessary to have a greater facility for call in by other Members. The Leader of the Council warmly welcomed the suggestion for arrangements for Call-Ins and a number of options were considered. After some debate it was felt that either the Chair or any four Members of an individual Scrutiny Committee be allowed to Call-In a particular decision. It was also suggested that if this arrangement was ever abused by a Member or Members it could be amended by Council. RESOLVED: That the Council be recommended to adopt the procedure for Call-Ins whereby either the Chair of an individual Scrutiny and Overview Committee or four Members of the relevant Committee be authorised to Call-In a decision. 5. COUNCILLORS RIGHTS OF ATTENDANCE AT COMMITTEE MEETINGS The Working Party considered the report of the Monitoring Officer, the purpose of which was to consider Counsel's opinion sought in relation to Councillors rights of attendance at Committee Meetings. The report detailed the reasons for this report and the background to its preparation. The Monitoring Officer drafted instructions to Counsel and a copy of these together with Council's opinion were attached to the report. The Monitoring Officer reported that because of the short timescale between the receipt of Counsel's opinion and the meeting of the Working Party, he had not attempted an analysis of the opinion and felt that it would be appropriate just to table the opinion at this stage to enable Members to make initial comments and provide for sufficient time for proper consideration. Members commented upon the usefulness of circulating Counsel's opinion and how informative the reply had been. A considerable discussion ensued upon the situation whereby Members wished to attend and speak at meetings where they were not a Member of a particular Committee or Fora. The Monitoring Officer reminded the Working Party of the provision of Standing Order No. 32 in the Standing Orders formerly operated by the Council. At present there was no such provision in the Constitution for Members to attend in these circumstances. In reading Counsel's opinion, Members felt that his advice was positive on this matter. The Monitoring Officer also advised of the significance of the "need to know" provisions. Members concurred that it was necessary to have such a facility for Members to attend meetings. The Monitoring Officer suggested that based on the advice received from Counsel, that he now prepare a report incorporating draft guidance for Members' further consideration in relation to the "need to know". In the meantime he would discuss with the appropriate officers the situation as to who determines if a Member had the right to attend a meeting on "need to know" principle. He would also draft a suggested Standing Order similar to that formerly operated under Standing Order No. 32 in the Council's previous Standing Orders on the basis of the advice now received. RESOLVED: That the Monitoring Officer prepare a report accordingly. 6. DURATION OF MEETING The meeting commenced at 10.00 a.m. and ended at 11.35 a.m. ........................................................ Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL'S CODE OF CONDUCT CONSTITUTION WORKING PARTY DATE: 2ND OCTOBER, 2002 MEMBER ITEM MIN NO. REFERS NO DECLARATIONS WERE MADE
