Agenda item

25/22                    

The Council considered a report that concluded the full revision of the Council Constitution (Minutes 36/21 and 8/22 also refer) and provided the proposed changes to the content and format of the final four chapters of the Constitution document.

Included in this report were updated drafts of the following parts of the Council Constitution:

-        Chapter 4 (Access to Information Procedure Rules);

-        Chapter 5 (Other Procedure Rules); and

-        Chapter 6 (Codes and Protocols).

-        Chapter 7 (Scheme of Members’ Allowances – subject to separate review)

The Leader proceeded to outline the proposed changes that were contained within the document and advised that this marked the conclusion of the review that had begun a year ago.

In the ensuing debate, an amendment to the recommendation was PROPOSED and SECONDED as follows:

That Council adopts Chapters 4, 5, 6 and 7 as set out in Appendix A to this report as part of the Council Constitution with the current equivalent provisions being replaced subject to a meeting being held between the Monitoring Officer and Leaders of the Political Groups to further consider and report back to the Council meeting of September 2022 on:

 -       Removal of the provision for a joint O&S/DM Committee meeting to discuss the draft budget setting process

-        Reference to the West Devon Hub Committee and Overview & Scrutiny Committee and

-        The proposed increases contained within the revised Financial Procedure Rules.

In support of his amendment, the proposer felt that it was detrimental for all non-Executive Members to lose the opportunity to discuss fully the draft annual Budget Proposals.  In addition, the Member also expressed concern at references to West Devon Borough Council appearing in the draft South Hams District Council Constitution and the proposed substantial increases in the financial thresholds that could be delegated to officers.  Such were the extent of these concerns, that the Member felt that a further meeting with Group Leaders was necessary prior to further consideration at the next Council meeting to be held on 22 September 2022.

In discussion, the following points were raised:

i)          It was felt that Members had numerous opportunities to engage with the annual budget setting process, particularly since the rules had changed in May 2022 (Minute 08/22 refers) regarding Members being able to sit on either of the Executive, Development Management or Overview and Scrutiny Committees.  Furthermore, there was now the ability for Substitute Members to be appointed to serve on both the Development Management and Overview and Scrutiny Committees;

ii)         The Monitoring Officer advised that although South Hams District and West Devon Borough Councils were entirely separate local authorities, a Shared Service Agreement supported them both and many of the respective procedures were therefore the same. However, it was confirmed that, before publication, an explanatory paragraph would be inserted at the beginning of any Chapter of the Constitution which contained reference to West Devon so as to avoid confusion;

iii)       Some Members echoed the concerns raised by the proposer of the amendment in respect of the proposed increases in thresholds for officer delegations that would be in place should the revised Financial Procedure Rules be adopted.

When put to the vote, the amendment was declared LOST.

It was then:

RESOLVED

That Chapters 4, 5, 6 and 7 (as set out in Appendix A of the presented report) be adopted as part of the Council Constitution with the current equivalent provisions being replaced with immediate effect.