| Minutes: | CONSTITUTION WORKING PARTY 11TH NOVEMBER, 2002 Minutes of the meeting of the Constitution Working Party of the Flintshire County Council held at County Hall, Mold on Monday, 11th November, 2002. PRESENT: Councillor R.K. Evans (Chairman) Councillors L.A. Aldridge, R.C. Bithell, D.M.D. Clayton, Q.R.H.Dodd, E.F. Evans, E. Hall, P.G. Heesom, K. Iball, T.W.Jones, M. Matthews, D.G. Parry, Mrs. A. Slowik, N.R. Steele-Mortimer and Mrs. P.J. Walkden. APOLOGY: Councillor H.G. Roberts. IN ATTENDANCE: Monitoring Officer and Principal Administration Officer.
7. MINUTES The minutes of the meeting held on 2nd October, 2002 were circulated. A Member suggested that his comments in relation to numbers on the Planning Committee should have been included. However, the remainder of the Working Party felt that the minutes accurately reflected the debate and that the decision was correctly recorded. RESOLVED: That the minutes of the meeting held on 2nd October, 2002 be approved as a correct record. (Councillor P.G. Heesom requested that his vote against this decision be recorded).
8. DELEGATION SCHEME The Committee considered the report of the Monitoring Officer previously circulated, the purpose of which was to enable Members to consider the amendments made to the revised Delegation Scheme in accordance with suggestions agreed at the previous meeting of the Committee held on 2nd October, 2002. He reminded the Working Party that at the meeting on 2nd October, 2002 they considered a revised Delegation Scheme to replace that presently set out in Part 3 of the Constitution. Members had made a number of suggestions as to how the Delegation Scheme should be amended and all of these were referred to in the minutes of the meeting and had been incorporated in the latest draft attached to the report. The Monitoring Officer reported that as indicated at the meeting, he had consulted with the Leader on that part of the Delegation Scheme relating to the Executive and his suggestions had also been incorporated. It was also agreed that the Monitoring Officer would circulate the appropriate part of the Executive's Delegation Scheme to individual portfolio holders so that they could comment on those parts of the scheme that referred to their responsibility. Their responses were circulated at the meeting. He had also sent copies of the Delegation Scheme to Directors by way of consultation in relation to their own delegations and he had only received one comment to date. The Monitoring Officer reported that the latest draft incorporated the proper officer provisions previously given to Chief Officers and the Working Party noted that all the significant amendments, apart from re-numbering, were shown in italics in the draft. Following an initial presentation by the Monitoring Officer, the Working Party then examined the report in detail. On page 64 it identified that the Appeals Committee should have at least three Members and it was suggested that a maximum be also included. Arising from the reference on the responsibility for street collections, a Member sought clarification on the issue and enforcement of such Licences. Other Members spoke in support of the Member's concern and referred to particular incidents which had caused considerable concern to local residents. It appeared that there was some confusion as there were a number of Licences that could be issued by different bodies. The Monitoring Officer confirmed that within the provisions for Street Collection Licences it was a necessity for the organisation to submit their accounts to the Council. However, at present no officer was designated to check for misuse of these Licences. The Monitoring Officer indicated that he would make further enquiries into this matter. On page 79 it was noted that the initials should be "GB" and not "GD". On page 83 in relation to the portfolio for Transportation, Planning and the Environment it was noted that Trading Standards reference identified in No. 1 should be deleted as it came within the functions of the Directorate of Community and Housing and identified as No. 7 therein. A Member referred to the reference on page 113 to the Management of the Countryside Service. The Leader acknowledged that there had been some anomalies following the budget proposals in this area and these would be addressed. With reference to page 87, the Chairman referred to the correct title of the organisation as "AD Waste". On page 85 it was noted that the word was "portfolio" and not "protocol". On page 86 it was noted that the heading was correct of Education Children's Services and Recreation and not as identified on page 77 para. 2.1.6. It was also noted that in para. 5.1(a)-(2) it should be "applicants" and not "applications". A Member referred to paras. 9, 10, 11 and 12 on page 81 and the reference to service improvements. The Monitoring Officer indicated that he would check these points. A Member enquired if on page 99 the Joint Agricultural Board should be included within this category. The Monitoring Officer indicated there was no decision on this matter as yet, as he was still awaiting a response from Denbighshire. The Leader confirmed these consultations were taking place and that the whole principle of when non-Executive Members could be appointed to Joint Boards was currently being explored. A Member commented in relation to para. 6.22 on page 95 and suggested that its provision be conditioned that it was in pursuance of an identified issue. In response, Members referred to page 92 paras. 5.6 which would clarify this situation. RESOLVED: That the Council be recommended to adopt the amendments now reported and those referred to above.
9. COUNCILLORS' RIGHTS OF ACCESS TO DOCUMENTATION AND ATTENDANCE AT COMMITTEE MEETINGS The Committee considered the report of the Monitoring Officer, the purpose of which was to consider Draft Guidance prepared in accordance with the Working Party's request at its meeting on the 2nd October and to consider an amendment to Council Procedure Rules. The Monitoring Officer reported that the Draft Guidance attached to his report and amended Council Procedure Rules had been produced as a result of a request by this Working Party at its meeting on 2nd October, 2002 following consideration of the Opinion of Michael Supperstone Q.C. The Working Party were informed that the Draft Guidance had taken into account the helpful advice provided by Counsel in his Opinion, and incorporated the main points made by him into guidance relating to the right of access to information and the right to attend meetings respectively. The advice was also put into a Flintshire context in an attempt to maximise its relevance to Members of the County Council. The Monitoring Officer had redrafted the former Standing Order No. 32 to take into account the views of the Working Party with a view to it being included in the Council Procedure Rules when the Working Party's report on revisions to the Constitution came to be considered by the County Council later in the year. Members welcomed the provision, particularly as it gave an opportunity for Local Members to attend and speak at Committees which were relevant to their Ward. However, Members suggested that amendment be made whereby the provision extended to matters affecting the Ward rather than within it. There was a general concurrence of this view and Members quoted examples in support of this. At the same time, Members felt that it was essential that this facility was not abused and in the circumstances agreed to an amendment whereby it was matters which "significantly" affected their Ward. It was suggested that the Monitoring Officer should settle any dispute in such matters. He accepted this but commented that there could be some difficulties if he was the designated Legal Advisor to a particular Committee. Members felt that this would not present a problem at present and could be addressed as necessary. Members referred to paragraph 8 in relation to "need to know" and the Monitoring Officer concurred with the suggestion that prior notification of such matters would be useful so that advice could be properly considered in good time. Members concurred with the view that this would only be an occasional necessity and would welcome guidance as soon as possible. It was also noted that in paragraph 6 that the word "Committee" should be included after 'Overview and Scrutiny'. Members referred to the necessity for an Appeals procedure in this matter and after some discussion it was accepted that the Appeals Committee could be utilised. RESOLVED: That the Draft Guidance as attached to the report of the Monitoring Officer be agreed and recommended to the County Council and that the revised Council Procedure Rule be incorporated in the Constitution subject to an amendment in the revised Standing Order No. 32 whereby "within their Ward" was amended to "significantly affecting their Ward".
10. FUTURE WORK PROGRAMME The Committee considered the report of the Monitoring Officer, the purpose of which was to consider the future of the Constitution Working Party. He reported that following consideration of rights of attendance at Committee meetings and the revision of the Delegation Scheme, the main areas of the Constitution which require to be completed were as follows:- (a) The incorporation of new Financial Regulations. (b) The incorporation of new Contact Procedure Rules. (c) The incorporation of the Council's Audit Protocols and Procedures. The County Treasurer was undertaking work on the revised Financial Regulations and Contract Procedure Rules and a report would be made to the next meeting of the Working Party. The Working Party noted that the Council's Audit Procedures and Protocols were now completed and had been approved by the County Council and could be incorporated in the Constitution. The Monitoring Officer suggested that there were other matters which could be considered at a future meeting and if so, then these could be incorporated in a programme for the Working Party in the near future. He indicated that he had been approached by a Member who had expressed his concern at the revised procedure whereby questions to County Council and their written response were not included in the Minute Book. Reference was also made for the time identified to give notice of such meetings. It was suggested that Members would welcome guidance in relation to the position of individual Councillors in connection with Notice of Motions, Questions to Council and in general the rights of individual Councillors. In summary, the Monitoring Officer indicated that the matters which had been agreed by the Constitution Working Party would formulate a report to a special meeting of the County Council scheduled for December and this was agreed. He enquired if Members wished to have circulated to them copies of the Financial Regulations and the Contract Procedure Rules. However, in view of the size of these documents, Members suggested it would reasonable for copies to be left in the Group Rooms and for them to be presented direct to an appropriate meeting of the County Council for approval. RESOLVED: That the recommendation of the Working Party be approved.
11. DATE OF NEXT MEETING It was agreed that the next meeting would be held on 27th January, 2003 at 10.00 a.m.
12. DURATION OF MEETING The meeting commenced at 10.00 a.m. and finished at 11.30 a.m. ........................................................ Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL'S CODE OF CONDUCT CONSTITUTION WORKING PARTY DATE: 11TH NOVEMBER, 2002 MEMBER ITEM MIN NO. REFERS NO DECLARATIONS WERE MADE |
|
