Agenda item

The annexed circulated report of the director of legal and democratic services was received to consider potential amendments to the Constitution.

Following consideration by the Constitutional Review Working Group at its meeting on 23 August 2021, suggested amendments were proposed to be made in relation to:

• Substitute Allocations;
• Democracy and Standards Committee Voting Rights;
• Start time of full Council meetings

These were discussed in more detail by members.

Substitute Allocations

In summary it was proposed that guidance be put in place in relation to the substitute arrangements for all the council’s committees as detailed in Appendix A to the report. The monitoring officer confirmed that a member submitting their apology for a meeting needed to contact one of the substitute members as soon as possible to ask them to attend in their place. She clarified that democratic service officers issued the agenda and reports to all members of the committee along with the substitutes to ensure they were aware of the meeting.   

Democracy and Standards Committee Voting Rights

It was proposed that caveats, as detailed in Appendix B to the report, be placed upon what Town and Parish Council representatives would be permitted to vote upon, in relation to the committee’s responsibilities. The main purpose of the Town and Parish representative’s role related to the ‘standards regime’ and the member code of conduct. The Constitution did not stipulate any restrictions on what the representatives could vote upon, and it was considered inappropriate for the representatives to be able to vote upon issues which did not directly fall under their responsibility. 

Members raised general concern over the appointment of Town and Parish representatives on the committee and the potential political balance implications of the representatives. There was also concern over the quorum of meetings and the terms of reference.

The monitoring officer responded and confirmed that the quorum of the committee was adequate as substitutes were in place to be called upon should a member submit apologies.  If members wished a review could be undertaken of the terms of reference and voting rights of the committee by the Constitutional Review Working Group, this would result in the recruitment of town and parish council representatives being delayed. 

Members considered the options and agreed to defer this item to enable the working group to carry out a review.

Start time of Full Council Meetings

As detailed in Appendix C, it was suggested that the normal start time of full Council meetings be moved from 7pm to 2pm (whilst recognising that the full Council budget meeting may need to commence earlier). The Constitutional Working Group had considered this change thoroughly. There had been some concern that bringing the start time of full Council meetings forward may create difficulties for some councillors, however, it was noted that council meetings were infrequent and  that a 7pm meeting running late into the evening was also not conducive to decision-making.  It was noted that in some circumstances, councillors were allowed time off from work for public duties and that a start time of 2pm would allow for work in the morning.

Members discussed this item at length. The main area of concern was over the start time change potentially preventing members of the public from contributing to meetings. Other councillors mooted that this was generally not the case, and that daytime meetings encouraged attendance, due to the availability of public transport and the public feeling happier to attend a meeting in the daytime.

Reference was made to the council meeting held in July which concluded after 11pm. Many councillors had complained that decision making late at night, was not the best way forward and that there was a duty of care to both councillors and council employees over the hours worked and the concern of travelling home late at night.  Working councillors often attended meetings straight from their workplace, with work again the following morning.  It was felt that most employers would enable a working councillor to take half a day off as annual leave a few times per year and that before putting themselves forward as councillors they would have been informed that some council work would be carried during the day time. 

Some members asked if rather than updating the constitution at this point, there could be a trial period of different time options. It was also noted that the Constitution stipulated that the Chair had discretion to call a meeting at a different place or time. It was also commented that some members needed to be curtailed from speaking at length during meetings, as sometimes it was deemed unnecessary and repetitive. Other suggestions included the reduction of the number of agenda items, giving more delegation to officers, or meeting on a Saturday. It was also strongly felt that the time of the budget meeting should be brought forward to 10am so that both members and the public were aware of this well in advance. Should it be agreed that the time of the meeting be changed, it was suggested that this be a pilot and that it be subject to review.

The monitoring officer was asked where future meetings would be held as many councillors felt that meeting in one location prohibited the public from attending in the evening due to the lack of public transport. A question was also raised about webcasting and participation through Zoom which some considered had been more effective for public participation and inclusivity.

The monitoring officer confirmed that a decision on location for meetings had yet to be agreed. The Council Chamber at the Corby Cube would be used for the next council meeting in September and equipment would be hired in to enable the meeting to be  webcast so the public could participate by watching the meeting. She clarified that there was currently no legislation in place to permit Zoom meetings.  

After a lengthy debate the following was proposed by Councillor L Lawman and seconded by Councillor Nichol:

(a)          that it be recommended that the substitute allocations set out at Appendix A be approved;

(b)          that the Constitutional Review Working Group carry out a review of the Democracy and Standards voting rights and terms of reference and report back in due course;

(c)          that it be recommended to council that the time for full Council meetings be  2.00pm, other than the Council meeting to discuss the budget which should commence at 10.00am.

A request was made that the following additional words ‘subject to review prior to the Annual Council meeting’ be included at (c) above. This addition was agreed.

On being put to the vote the motion and agreed addition was unanimously declared carried.

RESOLVED that:

(i)           it be recommended that the proposal for substitute allocations as set out in Appendix A to the report be approved for inclusion in the constitution;

(ii)          the proposal for Democracy and Standards Committee voting rights be deferred to enable a review of this, and the terms of reference, to be carried out by the Constitutional Review Working Group;

(iii)      it be recommended that the proposal for an amended commencement time of 2.00pm for full Council meetings be approved, with the exception that the budget setting Council meeting commence at 10.00am, this would be subject to review prior to the Annual Council meeting.