Agenda item

Governance Working Group

To consider the report of the Executive Head of Corporate (attached).

Minutes:

The Council received a report from the Governance Working Group. The Working Group had reviewed the restrictions on the application of the Mayor’s casting vote introduced in February 2020 and had proposed that the wording be updated in order to clarify how this would be exercised in practice.It had also reviewed the current automatic application of this Procedure Rule for meetings the Executive, the Committees, and Sub Committees.

 

Having discussed the matter, the Working Group had proposed that, with the exception of the Planning Applications Committee, the provision for the Mayor’s casting vote should continue to be applied to the Executive, Committees and sub committees; there would be no restriction placed on how the Chairman of the Planning Applications Committee exercised a casting vote.

 

The Council was informed that the Working Group had reviewed the Committees, Sub Committees and Other Bodies Procedure Rules regarding attendance at Employment Committee meetings when the Committee considered items in Part II of the agenda. The Procedure Rules currently restricted attendance at Employment Committee meetings to committee members only when it was considering items in Part II of the agenda. The Working Group had recommended that this Rule be altered to allow flexibility to restrict attendance where considered appropriate, but otherwise allow non-committee members to attend during consideration of items in Part II of the agenda.

 

It was moved by Councillor Alan McClafferty, seconded by Councillor Sashi Mylvaganam, and

 

RESOLVED that

 

(i)        the Council Procedure Rules at Part 4, Section A of the Constitution be updated as follows:

 

17.   Voting

 

17.2            Mayor’s casting vote

 

(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 In the event of a tied vote, the proposer of the matter under debate shall have the opportunity of making a further speech of no more than 3 minutes. A further vote will then immediately be taken. If deadlock has not been broken, the Mayor must cast a vote in favour of the status quo. The status quo will usually be interpreted as the motion falling.

 

(ii)      No change be made to the current arrangements for the Mayor’s casting vote provision to apply to Executive procedures;

 

(iii)     Paragraph 13 of the Committee, Sub Committees and other Bodies  Procedure Rules at Part 4, Section D of the Constitution be updated to remove Voting – Rule 17 from the application of Council Procedure Rules to Committees and Sub Committees; and

 

(iv)     the following Rule be included in the Committees, Sub Committees and Other Bodies Procedure Rules:

 

“12A.       Voting

 

12A.1Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those members voting and present in the room at the time the question was put.

 

12A.2(a) If there are equal numbers of votes for and against, the Chairman will have a second or casting vote.

 

(b) If the Chairman fails to vote when the main vote is taken, an equality of a vote cannot be achieved by the Chairman casting an original vote and following that action with a casting vote. The Chairman’s casting vote may be used whether or not the Chairman has already voted.

 

(c) with the exception of (d) below, in the event of a tied vote, the proposer of the matter under debate shall have the opportunity of making a further speech of no more than 3 minutes. A further vote will then immediately be taken. If deadlock has not been broken, the Chairman must cast a vote in favour of the status quo. The status quo will usually be interpreted as the motion falling.

 

(d) There will be no restriction on how the Chairman of the Planning Applications Committee chooses to exercise a casting vote.

 

12A.3 The Chairman will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.”

 

12A.4If, before the Chairman begins to take a vote, three members present at the meeting demand it, the names for and against the motion or amendment or abstentions from voting will be taken down in writing and entered into the minutes. Each member present will be called by name and asked to indicate whether they are voting in favour of, or against the motion or amendment or abstaining from voting.

 

12A.5Where any member requests it immediately after the vote is taken, their vote will be recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

 

(v)      the Committees, Sub Committees and Other Bodies Procedure Rules at Part 4, Section D of the Council’s Constitution be updated as follows:

 

12.    Who May Attend

 

12.2  With the exception of an Appointments Sub Committee, a Hearing Sub Committee, an Appeals Sub Committee, the Joint Staff Consultative Group or the Employment Committee when considering any items on Part II of the agenda that in the view of the Monitoring Officer and Executive Head of Transformation, in consultation with the Chairman and Vice Chairman of the Employment Committee, directly affect an individual’s employment, any councillor may attend any committee or sub-committee meeting.

 

 

Supporting documents: