Agenda item

Constitutional Review

Minutes:

Public comments were received on this item from Mr D R Dishman, Mrs Barbara Jacobson, Mr Julian Silverman, Mr Daniel Hope and Mr Robert Jacobson.

 

The Committee noted the below correction to the report:

Appendix F, pages 53 and 57 – correction of the wards within Chipping Barnet parliamentary constituency.

Paragraph 9.48.2, page 33 - The Committee noted that the last sentence was incomplete and requested officers to find out and confirm to members of the Committee what the missing information was.

 

The Committee agreed that changes to the Constitution coming to the next meeting of the Committee in July 2013 would be tracked changed where possible. The Committee also agreed that the July 2013 meeting of the Committee be brought forward to take place before the full Council meeting of 16 July 2013.

 

RESOLVED - 

 

(1)        That the Committee, having considered the proposed changes to the Constitution as set out in the report and addenda, recommended the below changes:

 

Section of Constitution as detailed in the report

Recommendations to Council

Appendix A Article 3

Agreed as per report with the following amendment:

3.01 (d) To read ... Citizens have the right to ask questions, receive answers and make comments at committee meetings

Appendix B Article 4

Agreed as per report.

Appendix C Article 6

Agreed as per report.

Appendix D Article 7

Agreed as per report.

Appendix E Article 8

Agreed as per report.

Appendix F Article 10

Agreed as per report. However it was agreed that as part of the review of the Constitution during 2013/14 that the provisions relating to Area Sub-Committees and Forums be brought to the next meeting of the Committee in July 2013 for further consideration.  Residents would be asked for their views.

Appendix G Article 12

Agreed as per report.

Appendix H Article 13

Agreed as per report.

Appendix I Article 14

Agreed as per report.

Appendix J Responsibility for Functions including Pension Fund Compliance Statement

Agreed as per report.

Appendix K Section 1 – The Council (Council Procedure Rules)

Agreed as per report with the following amendments:

12.2 – Add a full stop after Council - deleting (i.e. ....'to delete all words after Council and replace with').

13 – Add new 13.2 Amendments to items on the agenda will be e mailed to members and hard copies placed in the Group Rooms by midday of the day of the meeting'.  Renumber current 13.2 to 13.3.

32.1 – Change 21 days to 10

Appendix L Section 2 – Meetings Procedure (formerly Committee & Sub-Committees)

Agreed as per report.

Appendix M Section 4 – Public Participation and Engagement Rules (formerly Public Participation Rules)

Agreed as per report and addendum with the following amendment:

5.1 – Remove 1st bullet point.

Appendix N Access to Information Procedure Rules

Agreed as per report.

Appendix O Budget and Policy Framework Procedure Rules

Agreed as per report.

Appendix P Executive Procedure Rules

Agreed as per report.

Appendix Q Overview and Scrutiny Procedure Rules

Agreed as per report with the following amendments:

Budget and Performance Overview and Scrutiny Committee – add under One Barnet (paragraph 7) – To perform the overview and scrutiny role in relation to the One Barnet transformation programme particularly performance and financial issues (with the exception of external contracts which are within the remit of the Contract Monitoring Overview and Scrutiny Committee).

The two new Overview and Scrutiny Committees should be full committees and not sub-committees – Contract Monitoring Overview and Scrutiny Committee and Education Overview and Scrutiny Committee.

Correction of the typographical error at Rule 20, which refers to Rule 19.2.  It should actually refer to Rule 18.2 as there is not a Rule 19.2.

Appendix R Financial Regulations

Agreed as per report.

Appendix S Contract Procedure Rules

Agreed as per report and the corrections as set out in the response to Public Questions.

Appendix T Management of Real Estate Property and Land

Agreed as per report.

Appendix U HR Regulations (formerly Employment Procedure Rules)

Agreed as per report.

Appendix V Code of Conduct for Members

Agreed as per report.

Appendix W Planning Code of Good Practice

Agreed as per report.

Appendix X Licensing Code of Good Practice

Agreed as per report.

Appendix Y Officer Code of Conduct

Agreed as per report but a report on Use of Social Media be submitted to the next meeting of the General Functions Committee for further consideration.

Appendix Z Member Officer Relations

Agreed as per report.

Appendix AA Code of Corporate Governance

Agreed as per report.

Appendix AB Scheme of Delegation

Agreed as per report.

 

 

(2)        That the Committee delegate authority to the Assurance Director, in consultation with the Chairman, to bring forward any further proposals/amendments if, between the timing of the Constitution, Ethics and Probity Committee and full Council, there are other aspects of the Constitution requiring amendment.

 

(3)        That under Article 4.02 of the Constitution, these changes are recommended to full Council for adoption.

 

Supporting documents: