Agenda item

The Chief Officer (Governance) introduced the report and explained that the Council’s constitution was based on a national model prepared jointly by the Welsh Local Government Association (WLGA) and Lawyers in Local Government during 2014.  An updated model was commissioned by those bodies during 2021 to reflect changes in legislation and the need to modernise language.

The Constitution and Democratic Services Committee established a working group to consider the new document. It looked at the document, which it thought should be adopted. At its meeting on 12 January the Committee was asked to undertake a further review of provisions which appeared to change how the Council’s current rules/procedures operated. The working group satisfied itself that whilst the

terminology, and in some cases the layout, may have changed the new document

did not fundamentally change how the Council operated. The document was now recommended for adoption.

The current model and the new model both contained role descriptions for different positions within the council e.g. chair of Committee and ward Councillor. In 2014 the Council did not wish to adopt the role descriptions but this time the working

group believed they may be of utility. The working group however recognised that

all Councillors should be consulted on the role descriptions which required further work before being adopted.  They would be shared with all Members to ensure Members agreed that the descriptions reflected the different roles of Members.  A consistency check would also take alongside the plain English guidelines.

            The Chief Officer thanked Matt Geiorgiou who had left his role in Flintshire of Head of Legal Services and Deputy Monitoring Officer, for his work undertaken with the Working Group which had been a large piece of work and wished him well in his new role at Conwy County Borough Council.

Councillor Rob Davies moved the recommendation which was seconded by Councillor Hodge.

Councillor Richard Jones said page 119 needed to be amended to reflect the number of Overview and Scrutiny Committees as five and not six.  On page 115, the wording should be ‘a LDP’ and not ‘the LDP’.  In response to a question, the Chief Officer explained that any words that were underlined in the document reflected changes that had been made.  In response to a further question, the Chief Officer confirmed that the Act permitted Cabinet positions to be shared, which included the Deputy Leader.  Councillor Jones sought advice as to whether or not the arrangements over the last 12 months had not been in line with the Constitution.  The Chief Officer explained that the document was a live document and the work had commenced on it in autumn the previous year.  It described what was done when any changes were made so it was documented.  The document had not caught up, but the legislation did allow for what had been in place since last year in relating to sharing the role of Deputy Leader.  The Leader had the autonomy to appoint who he wished including shared roles which he reported at the AGM in 2022.  Since the legislation had been in force the document had been worked on, but it was not ready to be reported in May 2022 and adoption was recommended as soon as officers were able to present it to Members.  This was deemed the next reasonable opportunity to present the amended document.  Councillor Jones asked that the document detail that information.

Councillor Peers commended the work undertaken by the Working Group and formally thanked officers, the Chair of the Constitution and Democratic Services Committee and the Members of the Working Group.  

Councillor Bithell commented on a number of amendments that were required: page 110 – Streetscene and Transportation should show Councillor Dave Hughes as the Cabinet Member and the Cabinet Member for Communities and Housing should Councillor Sean Bibby.  On page 201 the reference to the Independent Alliance Group needed to be removed.  Page 563, David Hanson was no longer the MP for Delyn and Michelle Brown was no longer a MS.  The Chief Officer asked if Members identified any inaccuracies to please let him know.

RESOLVED:

(a)       That the updated model constitution be adopted, with the exception of the role descriptions contained in Section 31 of the draft consultation and subject to a final internal consistency check, proof-read and cross reference with the ordinary language guide;

(b)       That the Council considers a further report on the role descriptions contained within section 31 of the amended model after consultation has taken place with all Councillors on their wording; and

(c)        That authority be delegated to the Chief Officer (Governance), in consultation with the chair of the Constitution and Democratic Services Committee, to make any changes following the proof read and consistency check.