Agenda item

To submit a report by the Director of Function (Council Business)/Monitoring Officer.

Submitted – a report by the Director of Function (Council Business)/ Monitoring Officer on the County Council’s Constitution, which was adopted in 2001 and frequently updated and revised since to reflect changing legal requirements or new local arrangements.  The most recent update was on 27 October 2023.

 

The Solicitor (Corporate Governance) reported that Welsh Government has provided funding to the WLGA to commission a new Model Constitution for use in all local authorities in Wales.  She stated that Enclosure 1 contains a draft version of Sections 1 – 4 of the proposed new Constitution and Enclosure 2 highlights matters that the Monitoring Officer has recognised as new or different, which need to be drawn to the Committee’s attention.  It was noted that in the new Constitution, the language is clearer, the order and numbering of documents is easier to follow and are more accessible to the public. 

 

The Solicitor (Corporate Governance) sought the Committee’s views on Sections 1 - 4 of the new Constitution.  She reported that another section of the new Model will be brought before the Committee in March 2024.  She stated that responses to all Sections will be combined into one report, which will be presented to Full Council for approval at a later date.

 

The Committee considered the draft new Model Constitution and responded as follows, in relation to the matters identified as those requiring the Committee’s resolution in Appendix 2: -

 

 1. (2.2)   Definitions in the Constitution

 

RESOLVED to accept the proposed changes noted in the report.

 

 2. (2.4)   Duty to Monitor and Review the Constitution

 

RESOLVED to accept the proposed changes noted in the report.

 

 3. (2.6.1)   Approval

 

RESOLVED to accept the proposed changes noted in the report.

 

 4. (3.1.2)   Information Available to Councillors of the Council

 

RESOLVED to accept the proposed changes noted in the report.

 

 5. (4.6.25) 

 

RESOLVED to accept the proposed changes noted in the report.

 

 6. (4.10.1.1) 

 

Discussion focused on whether the proposal should be amended further regarding the Leader having to identify members of the Cabinet and their responsibilities in writing within 7 days.  The Committee felt that this arrangement might not be feasible within the specified time constraints and asked for this political issue to be reviewed.

 

RESOLVED that (the Solicitor (Corporate Governance) seeks clarification on the consequences should this arrangement be adopted and there was a political stalemate.  

 

 7. (4.10.1.3 (f)) 

 

Clarification was sought on the time limit for announcements from Group Leaders to be presented to the Chair in advance of a meeting.

 

RESOLVED that announcements from Group Leaders must be approved by the Chair in advance of the meeting.  The Committee agreed that a minimum of 24 hours would be a reasonable period to inform the Chair of any announcement prior to a meeting.

 

 8. (4.11.9)

 

Members of the Committee representing the North Wales Fire and Rescue and North Wales Police Authorities clarified that money received towards the Police is a precept within the Council Tax, whilst the Fire Service places a levy on local authorities, which is included in the overall Council Tax.  The Committee agreed that both stakeholders should present update reports to the County Council, rather than councillors feeding back from outside bodies.

 

RESOLVED to accept the proposed changes noted in the report and in respect of the North Wales Police and North Wales Fire Service, and for other

outside bodies to provide feedback only when the Council needs to make a decision or respond to a consultation.

         

 9. (4.11.13)

 

RESOLVED to accept to retain the status quo noted in the report as Option A in Appendix 2 of the report.

 

10.  (4.11.14(b))

 

RESOLVED to accept the proposed changes noted in the report.

 

11.  (4.13.2)

 

RESOLVED to accept the proposed changes noted in the report.

 

12.  (4.16.4)   Notice of Questions

 

RESOLVED to accept the proposed changes noted in the report.

 

13.  (4.16.5)   Maximum Number of Questions

 

A member raised a question as to the wording of ‘Any questions remaining

unanswered ‘shall’ be resubmitted to the Chief Executive for the next County

Council meeting.’  Clarity was sought on the wording, which suggests that

questions will be placed automatically on the next agenda.  The Solicitor

(Corporate Governance) agreed to look at this matter further.

 

RESOLVED to accept the proposed changes noted in the report, subject

to the Solicitor (Corporate Governance) reviewing the wording.

 

14.  (4.16.7)   Contents of Questions

 

Discussion focused on the Monitoring Officer’s comments that the Council can have a policy on almost anything, therefore ‘why would it not be fair to ask a question of fact?’

 

RESOLVED to accept the Monitoring Officer’s proposal to reject Sections (b) and (c) as noted in Appendix 2 of the report.

 

15.  (4.16.8(c))

 

RESOLVED that where a verbal response cannot be given, a written response   shall be added to the minutes of the meeting in due course.  Separate publication of the response was not agreed.  The Committee also resolved that such responses should be made in accordance with corporate response times.

 

16.  (4.17.4)   Motion to Remove the Leader

 

RESOLVED to accept the proposed changes noted in the report.

 

17.  (4.17.5)   One Motion per Councillor

     

RESOLVED to accept the proposed changes noted in the report.

 

18.  (4.19)   State of County Debate

 

RESOLVED to maintain the status quo i.e. the Leader’s Annual Report as Option 1 in Appendix 2 of the report.

 

19.  (4.22.1)   Signing the Minutes

 

RESOLVED to accept the proposed change to ‘authenticate’ the minutes.

 

20. (4.22.2)   No requirement to Sign Minutes of Previous Meeting at Extraordinary Meeting

 

RESOLVED to accept the proposed changes noted in the report.

21.  (4.23)   Record of Attendance

 

RESOLVED to agree with the proposal of the Chief Executive as noted in the report i.e. to crease one electronic Register.

 

22.  (4.26.3)   Clearance of Online Meeting Platform

 

RESOLVED to accept the proposed changes noted in the report.

 

23.  (4.27)   Filming and Use of Social Media during Meetings

 

RESOLVED to accept the proposed changes noted in the report.

 

24.  (4.28)   Electronic Broadcast of Meetings

 

RESOLVED to accept the proposed changes noted in the report.

 

25.  (4.31)   Appointment of Substitute Members on Council Bodies

 

RESOLVED to accept the proposed changes as noted in the report, and not in accordance with the Chief Executive’s suggestion noted in Appendix 2 of the report.

 

The Solicitor (Corporate Governance) asked the Committee for permission to change the numbering in the ‘Contents’ pages of Appendix 1, to which the Committee agreed.