Agenda item

The Council considered a report setting out the recommendations of the Governance Working Group in relation to:

(i)            the adoption of a Civic and Ceremonial Protocol;

(ii)          amendments to the Petition Scheme;

(iii)         the Mayor’s casting vote; and

(iv)         amendments to the Substitution Procedure Rules

The Working Group had given consideration to the formal adoption of a Civic and Ceremonial Protocol to clarify and regulate the role of the Mayor and Deputy Mayor. Currently there was no formally adopted protocol which covered all aspects of the civic role. Until now the Mayor had operated in accordance with tradition, custom and practice.

The Working Group had reviewed the Council’s Petitions Scheme, particularly in respect of the thresholds required to trigger a debate at the Executive or the Full Council.  The Working Group had considered that the current threshold for debate at Council was too high and could prevent a number of valid community issues from benefitting from a public debate.  In addition it was felt that as the Council, the Executive, and if appropriate, the relevant standing committee, were all decision making bodies in their own right, the threshold for each should be the same.

The Working Group had, therefore, proposed that the Petition Scheme be amended to provide for a reduction number of signatures to trigger rebate at the Executive, the Council or the relevant standing committee to 500 or more; the removal of the minimum threshold to constitute a petition; and amendments to the threshold to receive a response from the relevant Portfolio Holder.

Members were reminded that under the provisions of the Local Government Act 1972 Schedule 2, the chairman (or Mayor) of every local authority meeting had a second or casting vote that might be exercised where there was an equality of votes. Accordingly, the Constitution at Council Procedure Rules, Paragraph 17.2 reflected this provision and provided that there would be no restriction on how the Mayor chooses to exercise a casting vote.

As result, in certain circumstances, the Mayor would be in the position of being the final decision maker. As a result of this power the Mayor was usually chosen from the majority party.  However, by convention for the mayoral year the role was strictly non-political and representative of every section of the community, particularly focusing on cultivating the positive image of the borough.

The Working Group had discussed the following options to restrict the second or casting vote of the Mayor by

(i)     restricting the second or casting vote of the Mayor to being used in favour of the administration or leading group; or

(ii)    providing that no Mayor should allow himself or herself to use their casting vote to take a decision which the Council cannot subsequently overturn (Speaker Dennison Rules).

The Working Group had agreed by a majority to propose that Council Procedure Rules be updated to provide for the Mayor’s casting vote to be cast in favour of the administration or leading group.

The Working Group had considered a report relating to the attendance of substitutes at meetings of Working Groups when the appointed Member was also present.

Currently Councillors who were not appointed Members of a Working Group might attend a meeting at the discretion of the Chairman.  This provision had appeared to have worked reasonably well and the Working Group proposed that no change should be made subject to the requirement to notify to theDemocratic Services Manager.

In relation to the position of substitute Members attending Workings Group meetings, when the appointed member was also present, it had been felt substitutes were in a slightly different position as they might be called upon to act in the absence of the appointed member. The Working Group had therefore proposed that provision be made to clarify that appointed substitutes were able to attend working group meetings without prior approval of the Chairman.

The Working Group had also considered changes to the number of appointed substitutes allocated to each political group but had agreed that no changes be made unless any issues were subsequently identified.

It was moved by Councillor Alan McClafferty and seconded by Cllr Paul Deach that

(i)     the Civic and Ceremonial Protocol, as set out at Annex A to this report, be adopted and it be included as a document which supports the Constitution;

(ii)    the Petition Scheme at Part 4, Section L of the Constitution be amended, as shown in Annex B to this report;

(iii)   Paragraph 17.2 of Council Procedure Rules at Part 4, Section A of the Constitution be amended as follows:

(c)    with the exception of where parties declare that the vote will not be subject to the whip, the Mayor’s casting vote will be cast in favour of the administration or leading group.

(iv)   the Constitution at Part 4 Section D paragraph 26 be amended as follows:

26.2    Councillors who are not appointed Members of a Working Group may attend a meeting at the discretion of the Chairman subject to the prior approval of the Chairman and notification to the Democratic Services Manager.

26.3    Councillors who are the appointed substitutes of a Working Group may attend any meeting of the Working Group, whether or not the appointed Member is present

It was moved by Councillor Kristian Wrenn and seconded by Councillor Rodney Bates that

“in relation to the recommendation at (iii) that the second or casting vote of the Mayor be used in favour of the administration or leading group be deleted and replaced with a provision which would require that no Mayor should allow himself or herself to use their casting vote to take a decision which the Council cannot subsequently overturn (Speaker Dennison Rules)”.

The amendment was put to the vote and carried. The recommendation, as amended, was subsequently put to the vote and carried.

RESOLVED that

(i)        the Civic and Ceremonial Protocol, as set out at Annex A to the agenda report, be adopted and it be included as a document which supports the Constitution;

(ii)      the Petition Scheme at Part 4, Section L of the Constitution be amended, as shown in Annex B to the agenda report;

(iii)     Paragraph 17.2 of Council Procedure Rules at Part 4, Section A of the Constitution be amended as follows:

(c)     the Mayor’s casting vote must be used to vote in favour of further debate, or, where it has been previously decided to have no further debate or in some specific instances, to vote in favour of the status quo; and

(iv)     the Constitution at Part 4 Section D paragraph 26 be amended as follows:

26.2  Councillors who are not appointed Members of a Working Group may attend a meeting at the discretion of the Chairman subject to the prior approval of the Chairman and notification to the Democratic Services Manager.

26.3  Councillors who are the appointed substitutes of a Working Group may attend any meeting of the Working Group, whether or not the appointed Member is present;