245 Updating of the Constitution and Report of the Corporate Governance Working Group
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To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).
Minutes:
The Council considered the report of the Director of Strategy, Performance and Governance providing information and recommendations from the Corporate Governance Working Group meeting on 4 August 2022, and also another matter, as part of updating the Constitution.
The Corporate Governance Working Group (the Working Group) met to review the following two proposed changes to the Council and Committee Procedure Rules:
(a) Proposed change to Procedure Rule 1(13)(b) – Council Budget Meeting
The Working Group supported the inclusion of proposed additional commentary to clarify the intention behind the confidentiality of any alternative budget proposal or amendment in terms of its existence rather than its nature. Also, to ensure that sufficient time was given to the Finance Team to analyse any alternative budget it was suggested that the three working days should be described as being clear working days.
RESOLVED that Council and Committee Procedure Rule 1(13)(b) is revised to read as follows (the new wording in italics):
1(13)(b)No alternative proposal or amendment to that being recommended to the Council as part of the Budget and Council Tax Setting item of business shall be considered unless notice in writing (and marked confidential) has been given to the Council’s Chief Financial Officer no later than 5pm three clear working days before the date of the Council meeting. (For the avoidance of doubt the confidentiality of the alternative proposal or amendment is only restricted to the nature of the proposal or amendment and not its existence).
(b) Procedure Rule 4(3) – Notices of Motion to Council
Given some uncertainty as to the meaning and interpretation of “consideration and report” when a motion was referred to a Committee, the Working Group supported the revision of this Rule to provide clarity.
RESOLVED that Council and Committee Procedure Rule 4(3) is revised to read as follows (the new wording in italics):
“If the subject matter of any motion of which notice has been duly given comes within the province of any Committee it shall stand referred without discussion to such Committee, or to such other Committee as the Council may determine, for resolution or recommendation depending on the terms of reference of that Committee”.
(c) Procedure Rule 14 – Record of Attendances
While looking at the updating and revision of the Constitution, the Council was also asked to ratify the proposed deletion of the Procedure Rule 14 – Record of Attendances. This was an old Rule carried over from the original Standing Orders and related only to a practice which had not been undertaken for some time. It was not a statutory requirement.
RESOLVED that Procedure Rule 14 is deleted.