39 Adoption of the Dorset Council Constitution PDF 117 KB
To consider a report by Jonathon Mair, Corporate Director – Legal & Democratic and Monitoring Officer (Designate).
Additional documents:
Minutes:
The Shadow Executive Lead Member for Governance presented a report
seeking the adoption of the Dorset Council Constitution.
Members were advised that a Governance Working Group had been
established to oversee the development of a proposed constitution which had
been created collaboratively by officers from across the six predecessor
councils.
The recommendation as set out in the report to the Shadow Council
was proposed by Cllr S Flower and seconded by Cllr G Carr-Jones.
In response to a question, the Corporate Director- Legal and
Democratic (Designate), confirmed that if Article 11 did not refer to the
Strategic Planning Forum and the Councils duty to co-operate in such matters as
the statement of common interest, this would be amended under delegated powers.
Some members expressed concern that the Constitution did not state
that the minority parties would Chair scrutiny committees in the new council;
by doing so, it was their view, that it made the council more accountable and
there was less risk for the authority.
In the interests of transparency and fairness the following amendment
was proposed by Cllr S Bartlett and seconded by Cllr M Hall:-
“That all of the Overview
&Scrutiny Committees of the new Council be chaired by Councillor from a
minority political group.”
However, other members stated that the appointment of
Chairmanships should be made on merit alone regardless of political status and
operate on a cross-party basis; upon
being put to the vote the amendment was LOST.
Concern was raised regarding the issue of town and parish council
involvement in the planning process.
Many members considered it very important and democratic that the full
views of town and parish councils were included in the process of considering
planning applications for committee decision. This process had been used by a
predecessor council.
In response, the Shadow Executive
Lead Member for Planning advised that a meeting took place on 3 January 2019
involving available Planning Committee Chairman of the existing councils and
Cllr Flower in his capacity as the Chairman of the Governance Task & Finish
Group. Discussions took place on various
issues relating to trigger mechanisms for a planning matter to potentially be
referred to a Planning Committee for determination. This included consideration of a possible
option of a town or parish council to be able to trigger consideration of a
Planning application. The current
arrangements of existing councils regarding referral of planning applications
differed. The overall view at that
meeting was not to include a trigger in relation to town and parish
councils. As part of that discussion it
was noted that it was intended for members of the new Dorset Council to be able
to trigger consideration of referral of a planning application and there would
be nothing to prevent a town and parish
council from requesting the member to do this.
However following debate, a number of members strongly felt that this assurance did not reflect members requirements or meet the concerns expressed by the Dorset Association of Parish and Town Councils. The following ... view the full minutes text for item 39
10 Adoption of the Dorset Council Constitution PDF 117 KB
To consider a report by the Lead Member for Governance.
Additional documents:
Minutes:
The Committee considered a report by the Lead Member for Governance on
the development of the Dorset Council Constitution by the Governance Working
Group.
The significant work by members and officers to develop the draft
Constitution was commended by the Committee. It was confirmed that the draft
had been considered by the Shadow Overview and Scrutiny Committee and had also
been shared at a separate briefing to over 90 members in order to get feedback
and develop the content prior to consideration by the Shadow Executive, and
recommendation to Shadow Council on 24 January 2019.
The Monitoring Officer (designate) clarified that following a concern
raised at the member briefing in relation to the transparency in relation to electronic
voting, the wording in procedure rule 19.3 would be changed to read:
‘unless a recorded vote is demanded, the Chairman will take the vote by
show of hands, electronic voting or if there is no dissent, but the affirmation
of the meeting provided always that any use of electronic voting must enable the names
of the members and how they voted to be visible in the meeting.’
A concern was raised that the formation of three planning committees
would be too few, and that there should be more as they would have less
connection with local people than the number currently in operation, but Cllr
Spencer Flower explained that there was provision for a review to be undertaken
after 12 months and this would take account of changes to committees if needed. He also clarified that a lot of work and
effort had gone into assessing the requirements for planning meetings and
forming the best model to populate memberships on an area basis. His comments were echoed by Cllr David Walsh
as the Lead Member for Planning.
Recommended
That the Shadow Council be recommended to agree:
1. That the draft Constitution of Dorset Council be adopted.
2. That delegated authority is given to enable the Chairman of the
Governance Working Group, in consultation with the Monitoring Officer (designate),
to make any necessary textual revisions to ensure that the separate sections of
the Constitution are consistent and work together as a whole.
3. That the operation of the Constitution should be reviewed after one
year in April 2020.
Reason for Recommendations
To put in place the Constitution of the new Dorset Council and to provide for the Constitution to be reviewed so as to ensure that it meets the needs of the Council.