CONSTITUTION WORKING PARTY 19TH JANUARY, 2006 Minutes of the meeting of the Constitution Working Party of the Flintshire County Council held in County Hall, Mold on Thursday, 19th January 2006. PRESENT: Councillor R.J.T. Guest (Chairman) Councillors: D.S. Banks, D. Barratt, J.G. Beard, D.L. Cox, G.D. Diskin, P.G. Heesom, R.P. Macfarlane SUBSTITUTES: Councillor Q.R.H. Dodd for N. Phillips, M. Warburton for N.R. Steele-Mortimer, J.B. Attridge for P.J. Walkden. APOLOGIES: Councillors A. Woolley and D.M.D. Clayton. IN ATTENDANCE: Monitoring Officer and Principal Administration Officer. 1. SUBSTITUTES ON COMMITTEES Councillor J. Ovens had been invited to attend this meeting for this specific item. The Monitoring Officer detailed the issues which had resulted in this item being considered. He explained that the Council’s Constitution was largely silent in relation to the substitution of Members on Committees. The only exception related to the procedure of the Audit Committee which recognised the requirement for a proposed substitute at any meeting of the Committee to receive relevant training and that good reasons existed for the substitution. The Monitoring Officer reported that under the legislation relating to the allocation of seats on Committees to different Political Groups it was possible for each Political Group to change the Members which it had allocated to a particular Committee including making temporary substitutions according to its wishes. The custom and practice of the Council was to require Group Leaders to notify any changes or substitutions in writing in advance of the Committee in question. The report detailed the circumstances in which Councillor J. Ovens had raised issues of concern. Early in the discussion it was apparent that there was a feeling of agreement amongst Members that notification should be given prior to the commencement of the meeting. Members also acknowledged that for certain Committees there was a degree of training required and that it was appropriate for it to be a condition that the Member who would be substituting had received the appropriate training in that area. It was also suggested that with particular Working Parties or Task Groups who had been tasked with a specific issue it could be counter productive to allow substitutions because much of the meeting could be spent reiterating issues which had been raised at the previous meeting of that Group and thus would hinder progress. Members also acknowledged that it would not be appropriate, for example, in the case of hearings or appointment panels which went on for a number of days for substitutions to be made on different days or at different periods of the day. The Monitoring Officer explained why this would not be acceptable in legal terms. Members also acknowledged that on occasions, it would not be brought to a particular Group’s attention until quite late that someone could not attend a meeting. Under those circumstances it could be difficult for them to obtain the signature of the respective Group Leader to authorise the substitution. In these circumstances it was suggested that it would be appropriate for the substitution form to be signed by either the Group Leader, Deputy Group Leader or Group Secretary. Taking into account the comments of Members, the Monitoring Officer suggested a form of wording which could be included in the Constitution which would address these concerns. The Working Party felt that this was appropriate. It was also acknowledged that it may have to change the title to Constitution Working Forum in view of the recommendation to allow for substitutes. RESOLVED: That the County Council be recommended to adopt the following for inclusion in the Constitution. Where a political group alters any of its representatives serving on a Committee, Sub-Committees or Forums, either for individual meeting or for all future meetings. Formal written notice of such alterations must be received by the Committee taker prior to the commencement of the Committee, Sub-Committee or Forum meeting. The written notice may be sent by fax but not emailed and may be signed by Group Leaders, Deputy Leaders or Group Secretaries. Working parties or Task Groups shall be entitled to set their own rules in relation to substitutions. The Constitution Working Party also recommended that its name be changed to the Constitution Forum. 2. BULLYING AND AGGRESSIVE BEHAVOUR The Monitoring Officer reported that at the meeting of the Flintshire Local Joint Consultative Committee (non-teaching) held on 7th December, 2005 the Unison Representative referred to the previous agreement that a pressure seal document would go out to staff signed by Group Leaders ensuring staff that bullying and harassment by elected Members would not be tolerated and support given to go through the complaints procedure and asked why this still had not been done. The Monitoring Officer reported that at that meeting the Chief Executive explained that it needed to be discussed by this Working Party and the Unison Representative asked if this could be addressed as a matter of urgency. The Monitoring Officer reminded Members that at the previous meeting of the Working Party on 20th October, 2005 Councillor Clayton referred to this outstanding issue and the concern expressed by trade union and the lack of progress. The Chief Executive had written to Group Leaders. The Monitoring Officer reported that the then Leader of the Council, Councillor L.A. Aldridge submitted the return slip confirming his agreement to comply with the resolution of the Constitution Working Party as did the Leader of the Liberal Democrat Group. The Monitoring Officer reported that the Leader of the Conservative Group wrote to the Chief Executive indicating that he would be placing the matter on the agenda of the next meeting of the Group but confirmed his view that the best way to deal with this matter was for any cases to be reported to Group Leaders for investigation and appropriate action. Councillor P.G. Heesom explained the stance taken by his Group whereby he felt that the Code of Conduct had been signed by all Members addressed this issue and that any further document was unnecessary. Councillor Warburton indicated that the view of the Conservative Group was on the same lines as that referred to by Councillor Heesom. In making their comments, Councillors Heesom and Warburton stressed that they were most definitely opposed to bullying and aggressive behaviour. The Monitoring Officer explained that for some time he had been awaiting information from the National Assembly Government about proposed changes to the Code of Conduct. He was hopeful that this would be available in the summer and that the document recommended by Monitoring Officers would be adopted and could address those concerns. Whilst accepting this Members felt that as the Trade Union Representatives had requested an update it would be in order for a letter to be sent to them advising of the position. Councillor Heesom had some concerns on this but it was accepted that it would be made clear in the letter that the Independent and the Conservative Groups were opposed to bullying and harassment and explained the reason why they felt it was not appropriate at this stage for them to sign an additional declaration. RESOLVED: (1) That the revised Code of Conduct be awaited and the consideration of this issue be examined further when it was available. (2) That a letter advising of the situation be sent to the union concerned. 3. PLANNING CODE OF CONDUCT The Monitoring Officer reported that Members would be aware that Planning Code of Conduct was approved by the Special County Council held on 10th January, 2006 and it was recommended that the Code be incorporated in the Constitution and placed in the same section as the Code of Conduct for Members and Officers. The Working Party accepted this recommendation and suggested that the Code be operational immediately following the completion of the appropriate training of Members. RESOLVED: That the Council be recommended to include the Planning Code of Conduct as part of the Constitution and that they be recommended to implement it upon the completion of the training for Members. 4. WELSH ASSEMBLY GOVERNMENT PROPOSED AMENDMENTS TO REGULATIONS The Working Party noted the Monitoring Officer’s report which advised that the Welsh Assembly Government had indicated an intention to amend regulations in a number of areas connected with the Constitution. He had hoped to report to at this meeting to enable appropriate amendments to be made to the Constitution in time for the Council’s Annual Meeting. However he had been advised by the Welsh Assembly Government that for a number of reasons considerable slippage had occurred. Enclosed with his report was the latest timetable of implementation. RESOLVED: That the report be noted. 5. PROGRAMME FOR CHANGE The Committee considered the report of the Monitoring Officer which detailed the consequences of the programme of change in relation to the role of the Council’s Directors which in turn will necessitate fundamental changes to the Councils and Leaders Schemes of Delegation. He suggested how this may be progressed and this was agreed by the Working Party. RESOLVED: That the report of the Monitoring Officer be noted. …………………….. Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT CONSTITUTION WORKING PARTY DATE: 19TH JANUARY, 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE - 1320 -
