Agenda item

CONSTITUTIONAL AMENDMENT REPORT

REPORT OF THE SERVICE DIRECTOR – LEGAL AND COMMUNITY AND THE MONITORING OFFICER

 

To propose changes to the Constitution.

Decision:

RESOLVED:

 

(1)  That Council approved the change of the Area Committees to informal Area Forums (set out in paragraphs 8.2-8.5) to commence with the new municipal year from May 2023.

 

(2)  The  principle that grant applications be considered by the District Wide Community Facilities Capital & Revenue Grants Panel (as set out in paragraphs 8.6-8.11) was not approved[default decision was that Area Forums would consider and recommend].

 

(3)  That a start time of 19:00 for meetings (other than those which already meet in the daytime) was not approved.

 

(4)  That Council noted the Cabinet Panel on the Environment was the remaining Panel from May 2023.

 

(5)  That Council approved the amendments detailed in Appendix A (summarised at paragraph 8.14-8.18).

 

REASON FOR DECISIONS: To review and look at ways to improve engagement with the community; consider resource issues, reflect good decision-making practice, and keep the Constitution up to date.

 

 

Minutes:

Audio recording – 32:29

 

The Service Director – Legal and Community gave a verbal update and advised:

 

·       A Member/Officer working group would be starting around July 2024, after the all-out elections to review the Constitution and Committee arrangements, to future proof, so far as possible for the 4-year term.

·       It was felt that the recommendations would improve public engagement and would be good for resources, such as staff.

·       Group Leaders were consulted, and a survey sent to Members about the proposed changes had 44 responses. The Committee, and then the Policy and Community Teams were also consulted. Recommendations 2.1-2.4 were reflective of those responses.

·       Recommendation 2.1 proposed that Area Committees would change to Area Forums which had the most support from Members in the survey – 31 in favour. The Area Forums would still have an elected Chair and Vice-Chair, but there would be more flexibility in the topics discussed, formal meetings were not the best way to engage with the community; would be more people focused combining Town Talks and more dynamic. Forums could meet virtually, hybrid and in a set location as agreed. These could be reactive to situations. This reduced the number of formal meetings that must be arranged and clerked by the Committee team, by at least 20.

·       If recommendation 2.1 was accepted, 2.2 would propose that grant applications be dealt with at the District Wide Community Facilities Capital & Revenue Grants Panel. The Panel would be a better way to consider, for budget, consistency, and staff resource reasons. The Panel would be made up of Area Forum Chair and Vice Chairs. It would be flexible for members and those applying for grants.

·       Recommendation 2.3 proposed an earlier meeting start time of 19.00. North Herts Council had a greater number of meetings and later start times than other councils in Hertfordshire. The LGA Peer review recommended earlier start times for decision making and other staff and Member related health and wellbeing reasons.

·       Recommendation 2.4 was to note that the Cabinet Panel for the Environment would be the remaining Cabinet Panel for 2023.

·       Recommendation 2.5 focused on the proposed constitutional changes in Appendix A. Council Tax Setting Committee option A was being put forward, unless proposed otherwise.

 

N.B. Councillor Tom Plater left the Chamber at 20:05 and re-entered at 20:08.

 

The following Members asked questions:

 

·       Councillor Ralph Muncer

·       Councillor Richard Thake

·       Councillor Claire Strong

·       Councillor Adam Compton

 

In response to the questions, the Service Director – Legal and Community advised:

 

·       The advice from King’s Counsel was that Officers did not need to attend Committee meetings in person.

·       The proposals were for Area Forums, not additional panels.

·       A Member/Officer working group would be set up after elections in 2024 to review Committee structure.

·       Percentage based grant funding for each area could be looked at.

 

Councillor Elizabeth Dennis-Harburg proposed the recommendations and commented that there had been significant issues recently with community engagement, staff recruitment and retention. The proposed recommendations would put people first and ensure that work is collaborative and inclusive.

 

Councillor Ruth Brown seconded the recommendations.

 

The following Members took part in debate:

 

·       Councillor David Levett

·       Councillor George Davies

·       Councillor Daniel Allen

·       Councillor Ralph Muncer

 

Points raised during the debate included:

 

·       The change to Area Forums could allow for meetings to be themed and would allow more interaction with the public.

·       There was concern that the proposed District Wide Community Facilities Capital & Revenue Grants Panel would not benefit applicants and Members.

·       The proposed earlier start time would not suit full-time workers, and those with young families.

 

Councillor Ralph Muncer proposed an amendment to recommendation 2.2. That two separate grant panels, North and South, be set up instead of the Area Forums. This was seconded by Richard Thake.

 

The following Members took part in debate on the proposed amendment:

 

·       Councillor Tom Plater

·       Councillor Ruth Brown

·       Councillor Ian Mantle

·       Councillor David Levett

·       Councillor Elizabeth Dennis-Harburg

·       Councillor Claire Strong

·       Councillor George Davies

 

Points raised during the debate included:

 

·       Work needed to be done to ensure grant funds would be split evenly between areas, as the proposed change could mean certain areas such as villages would miss out on funding.

·       The proposed North and South Panels would mean areas that have a different demographic would be seen in one panel.

·       The move to a District Wide Community Facilities Capital & Revenue Grants Panel would mean Officer’s workload would be reduced.

·       A notional split of funds could be retained between areas if allocations were tracked throughout the year.

 

Having been proposed by Councillor Muncer and seconded by Councillor Thake, the amendment was put to a vote and it was lost. Therefore, debate resumed on the substantive motion.

 

The following Members took part in debate on the substantive motion:

 

·       Councillor Tom Plater

·       Councillor Alistair Willoughby

·       Councillor Simon Bloxham

·       Councillor Nigel Mason

·       Councillor Ralph Muncer

·       Councillor Adam Compton

·       Councillor Steve Jarvis

·       Councillor Claire Strong

·       Councillor Amy Allen

·       Councillor David Barnard

·       Councillor Lisa Nash

·       Councillor Ruth Brown

·       Councillor Elizabeth Dennis-Harburg

 

N.B. During the debate Councillor Clare Billing left the Chamber at 21:09 and re-entered at 21:12 and Councillor Ralph Muncer left the Chamber at 21:17 and re-entered at 21:20.

 

Points raised in the debate included:

 

·       TheDistrict Wide Community Facilities Capital & Revenue Grants Panel could work if there were measures in place to ensure that all areas received a fair amount of funding.

·       The proposed earlier time of meetings would not be inclusive of Councillors with families and those in full-time employment.

·       If Member advocates could represent grant applicants at the District Wide Community Facilities Capital & Revenue Grants Panel.

·       The proposed move to Area Forums would mean meetings would be more specific to the area and would be more engaging to the public.

 

Councillor Ruth Brown commented that the reason for the report was that the Council had a resource and staffing capacity issue. The Council valued public engagement and put people first. These amendments to the Constitution would put Members, Officers, and the public first and would try to strike a balance for everyone.

 

Councillor Elizabeth Dennis-Harburg commented that there had been a good narrative and debate on terms of reference on grant forums, such as ring-fencing money for certain areas of the district and member advocates for grant applications. These points would be considered and reviewed.

 

Councillor Elizabeth Dennis-Harburg having already proposed, and Councillor Ruth Brown having already seconded, following a vote, it was:

 

RESOLVED:

 

(1)   That Council approved the change of the Area Committees to informal Area Forums (set out in paragraphs 8.2-8.5) to commence with the new municipal year from May 2023.

 

(2)  The principle that grant applications be considered by the District Wide Community Facilities Capital & Revenue Grants Panel (as set out in paragraphs 8.6-8.11) was not approved[default decision was that Area Forums would consider and recommend].

 

(3)   That a start time of 19:00 for meetings (other than those which already meet in the daytime) was not approved.

 

(4)   That Council noted the Cabinet Panel on the Environment was the remaining Panel from May 2023.

 

(5)   That Council approved the amendments detailed in Appendix A (summarised at paragraph 8.14-8.18).

 

REASON FOR DECISIONS: To review and look at ways to improve engagement with the community; consider resource issues, reflect good decision-making practice, and keep the Constitution up to date.

 

N.B. A break in proceedings was taken between 21:42 and 21:50.

 

N.B. Councillors Lisa Nash and Juan Cowell left the Chamber at 21:42 and did not return.

Supporting documents: