Issue - meetings

Report of the Service Director: Legal & Governance detailing the annual review of the Council’s Constitution, attached.

With the consent of the meeting, Councillor Barnes-Andrews, Chair of the Governance Committee, moved the report of the Service Director, Legal and Governance detailing the annual review of the Council’s Constitution and Councillor Letts seconded:

A confidential session was requested by Members in order to debate part of the report fully.

RESOLVED: that the Chair moved in accordance with the Council's Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of agenda item 7.

Confidentiality was based on Categories 1 and 7 of paragraph 10.4 of the Access to Information Procedure Rules. The information contained therein was potentially exempt as it related to individual personal details and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.  Having applied the public interest test it was not appropriate to disclose this information as the individuals' legal expectation of privacy outweighed the public interest in the exempt information.

Amendment moved by Councillor Barnes-Andrews and seconded by Councillor Letts:

“That recommendations relating to the Employment and Appeals Panel be removed from the report and that discussions take place with Group Leaders and Members of Governance Committee with further recommendations relating to Employment and Appeals Panel to be submitted to July Council for decision”.

UPON BEING PUT TO THE VOTE THE AMENDMENT IN THE NAME OF COUNCILLOR BARNES-ANDREWS WAS DECLARED CARRIED.

RESOLVED:

(i)  That the changes to the Constitution and associated arrangements as set out in the report be approved with the exception of Employment and Appeals Panel;

(ii)  That discussions take place with Group Leaders and Members of Governance Committee with further recommendations relating to Employment and Appeals Panel be submitted to July Council for decision;

(iii)  That the Service Director: Legal and Governance be authorised to finalise the arrangements as approved by Full Council and make any further consequential or minor changes arising from the decision of Council; and

(iv)  That the City Council’s Constitution as amended, including the Officer Scheme of Delegation for the Municipal Year 2017/18 be approved.

Report of the Service Director: Legal & Governance detailing changes to the Constitution, attached.

The Committee considered the report of the Service Director; Legal and Governance detailing the Annual Review of the Constitution.  The Committee noted that proposed changes were to Contract Procedure Rules, the amalgamation of Employment and Appeals Panel with Governance Committee and Delegations to the Senior Leadership Team to deal with appeals against dismissals and school transport appeals.  In addition the Committee noted that revisions to the current terms of reference for Chief Officer Employment Panel were proposed so that it would be responsible for the appointment and dismissal (where permissible) of all Chief Officers, the Chief Executive as Head of Paid Service would assume responsibility for all employees up to and including Deputy Chief Officers in accordance with national best practice.

The Committee also noted that following proposed changes to the Constitution and as part of the strengthening of Governance Procedures there would now be two additional annual reports submitted to the Committee detailing External Contract Arrangements and HR matters including police referrals.  In relation to paragraph 36 of the report and proposed changes to Chief Officer Employment Panel it was noted that this was a late addition to the report and would be a reversal of a Council decision taken in November 2015.  The Chair reported that there had not yet been opportunity to discuss this fully with the Chief Executive, therefore it was suggested that it remained as a recommendation to the Annual General Meeting; in the meantime the Chair would discuss the matter with Group Leaders and the Chief Executive with Council making the final decision based on discussion outcomes and recommendations.

RESOLVED:

(i)  That the proposed changes to the Constitution be recommended to Council for adoption at its Annual General Meeting on 17^th May 2017; and

(ii)  That the Chair of the Committee discuss the proposed changes as detailed in paragraph 36 of the report with Group Leaders and the Chief Executive and make recommendation accordingly to the Annual General Meeting on 17^th May 2017.