Agenda item

To consider the report of the Monitoring Officer on a review of the Constitution.

Report of the Monitoring Officer on a review of the Constitution.

It was moved by Councillor M.Perkins and seconded by Councillor T.Kingsbury that the proposed changes to the Constitution be approved.

Following discussion it was agreed that the proposed new wording in Appendix  C1 to the report (Local code of Guidance for Members and Officers involved in Planning and Welwyn Garden City Estates Management matters – Paragraph 2 Cabinet Members Serving on the Development Management Committee) be amended to read as follows:-

“In order to ensure a full exchange of information between the Cabinet and the Development Management Committee, one Cabinet Member may also be a Member of the Committee (but not as the Chairman or Vice-Chairman).

Any other Cabinet Member may act as a substitute for the nominated Cabinet Member on the Development Management Committee providing all necessary training requirements for planning have been met by the Member. If that Cabinet Member has participated at the Cabinet in relation to a landowning matter or any other matter likely to present a conflict of interest coming before the Development Management Committee, they must declare an interest and not participate nor vote in that matter coming before the Development Management Committee. Alternatively, the Cabinet Member may choose not to participate nor vote in a matter coming before the Cabinet and in so doing, may participate and vote when that matter comes before the Development Management Committee, providing the matter is not likely to present a conflict of interest.”

RESOLVED:

(1)       That to help work towards a “One Team” culture of working better together it be noted the Chief Executive had changed the titles of each of the Council’s three Directors from “Executive Director” to “Corporate Director”.

(2)       That it be noted the Chief Executive had refreshed the Council’s senior management team so that the Executive Board becomes the Corporate Management Team (CMT) comprising the current membership (the Chief Executive and three Directors plus the Monitoring Officer) with the Extended Management Team (ECMT) comprising the CMT plus Heads of Service.

(3)       That in order to ensure a full exchange of information between the Cabinet and the Development Management Committee one Cabinet Member may also be a Member of the Committee, but not as the Chairman or Vice-Chairman.   Any other Cabinet Member may act as a substitute for the nominated Cabinet Member on the Development Management Committee providing all necessary training requirements for planning have been met by that Member. If that Cabinet Member has participated at the Cabinet in relation to a landowning matter or any other matter likely to present a conflict of interest coming before the Development Management Committee, they must declare an interest and not participate nor vote in that matter coming before the Development Management Committee. Alternatively, the Cabinet Member may choose not to participate nor vote in a matter coming before the Cabinet and in so doing, may participate and vote when that matter comes before the Development Management Committee, providing the matter is not likely to present a conflict of interest.

(4)       That a Member Group comprising seven Members in the ratio 4:2:1 work with Officers to undertake a comprehensive review of the Constitution and make recommendations for change to the Council.

(5)       That the changes in Part 3 of the Constitution – Responsibility for Functions to the Terms of Reference of the Executive Board and Heads of Service Team to provide for the new Corporate Management Team and Extended Corporate Management Team as set out in Appendix B1 and B2 to the report be approved.

(6)       That the changes in the Local Code of Guidance for Members and Officers Involved in Planning and Welwyn Garden City Estate Management Matters in Part 5 of the Constitution – Codes and Protocols, as amended in Resolution (3) above, and in the Membership of the Development Management Committee in Part 3 of the Constitution - Responsibility for Functions to permit Cabinet Members to serve on the Development Management Committee as set out in Appendix C1 and C2 to the report be approved.

(7)       That the Head of Law and Administration as Monitoring Officer be authorised to amend the Constitution to include these changes and to make any other minor amendments where required by statute or decision of the Council in accordance with delegated powers.