Agenda item

To consider the report of the Monitoring Officer, (copy enclosed).

The Director of Strategy, Performance and Governance presented the report which recommended amendments to the Rules of Procedure for Council and Committees and the Protocol on Public Participation.  The report contained the following Appendices and Members noted that the report, Appendix 1 and Appendix 2 had been updated and circulated prior to the meeting:

·                 Appendix 1 – Amendments to the Rules of Procedure for Council and Committees and the Protocol on Public Participation;

·                 Appendix 2 – Remote meeting protocol;

·                 Appendix 3 – Virtual meetings schedule.

The Lead Legal Specialist and Monitoring Officer advised of the following suggested amendments to paragraph 3(ii) of Rule 13 Voting as follows:

(ii)            In a remote meeting Tthe Chairman will call for a vote by the use of an electronic voting system for remote voting or by roll-call and the number of votes for or against or abstentions will be recorded unless there is no dissent in which case it will be by general affirmation of the meeting.

The Group considered Appendix 1 and the amendments put forward to Procedure Rules for Council and Committees.  Each of the proposed amendments were discussed in detail and as a result clarification was provided and a number of further amendments were discussed as highlighted below:

Rule 4 – Notices of Motion:

It was agreed that this Rule should be amended to read “…shall be given in writing and signed or sent by email from a Maldon District Council Member email address, by the Member”.

Rule 8 – Rules of Debate for Council Meetings

Application and Committees and Sub-Committees (18)

It was agreed that the heading (as shown above) should be renamed ‘Remote Meetings’ and the paragraph be amended to read “…right to temporarily mute the microphone…”

Rule 11 – Disturbance to the Public

It was explained that the amendment detailed in the Appendix would be required if the Council decided to undertake aural public participation at meetings in the future.

Rule 15 – Disclosure of Interests

The Lead Legal Specialist and Monitoring Officer clarified that when a pecuniary interest was declared the law required a Member to leave the meeting.  The virtual regulations stated if a Member was present if they were logged in and therefore to comply with criminal law the Member would have to leave the meeting, log out and await to be invited back to the meeting once that matter had been dealt with.

The new Remote Meeting Protocol (Appendix 2) was discussed and in response to questions further clarification was provided, including:

·                 that in respect of paragraph 4.2 there was no legal requirement for a Member roll-call to be taken.  The legal requirement related to Members being heard, able to hear and if practicable be seen.  It was noted that the roll-call would be of benefit to members of the public watching the live stream of the meeting and those Officers present would also be asked to introduce themselves at this point.

·                 Paragraph 4.6 dealt with what would happen if an individual’s remote participation failed and the Lead Legal Specialist and Monitoring Officer clarified that in his view should a Member lose connection during the debate of an item (regulatory or otherwise) they would not be able to vote on that matter, having not been present for the whole of the debate.

During the discussion around Appendix 2 the following amendments were suggested:

·                 Paragraph 6.1 should be amended to read “…additional officers), is to be enlisted…”. 

·                 Paragraph 6.3 should be removed as it was felt meetings should be spontaneous and as a result all subsequent paragraphs should be renumbered.

·                 Paragraph 6.5 (as renumbered):

·                 first bullet should be amended to read “…asked to connect to the meeting…”.

·                 In response to comments regarding the use of backgrounds and for further clarification it was agreed that the second bullet should be amended to read “…should where possible show a non-descript background and Members should be careful to not allow exempt, confidential papers or any inappropriate material or images to be seen in the video feed”.

·                 Reference to a roll call in bullet four should be amended to read “…the Chairman may carry out a roll call”.

·                 Paragraph 8.2 should be amended remove reference to “and verbally declare”.