Decision details

                                The Head of Legal Services’ representative introduced this report which sought to amend the Council’s Constitution by (1) clarifying the term of office of the Leader and Executive Members and (2) bringing the emergency procedures in election year into accord with local government legislation by granting extended delegated powers to the Chief Executive.  

Members were not able to assess the implications on the Licensing Committee because Legal Services were still awaiting Counsel’s advice which was expected early in the week commencing 6 March.  This would be reported to the Licensing Committee on 14 March (which was due to meet to hear a major application).  The Licensing Committee could then make their recommendations to the Special General Purposes Committee on 16 March.

RECOMMENDED

1.   Following further consultation by Groups; that Full Council be recommended to adopt the changes to the term of office of the Leader and Executive Members, as set out in Appendix 1 to the report, to have effect as amendments to Part H1 of the Council’s Constitution subject to the amendments noted under 2 below.

2.   That Full Council adopt the changes to the “Emergency Procedures in Election Year” including the delegated powers to the Chief Executive, set out in Appendix 2 to the report, to have effect as amendment to Part E.7 of the Council’s Constitution; with the following amendments:

·           The Leader to remain in office until the Annual Meeting unless personally not re-elected or unless Majority Party control changes.

·           If the Leader remains in office then those Executive Members personally re-elected will form a “collective executive to exercise the existing “urgency powers” of the Leader until the Annual Meeting.

·           If the Leader does not remain in office the Chief Executive should take any “Executive” decision in cases of genuine urgency in consultation with either (i) the re-elected Executive Members if the Majority Group retains control or (ii) the leader of the largest party group(s) if the party control changes.   These arrangements apply only for those decisions that the Council can lawfully delegate.

·           That the Chief Executive has delegated powers to take urgent “non-executive” decisions in consultation with the Mayor.

3.   That the recommendation from the Licensing Committee to Full Council be considered at a further meeting of the Committee on 16 March following the meeting of the Licensing Committee on 14 March which would receive Counsel’s Opinion on the extension of the Licensing bodies and make its final recommendations through General Purposes Committee.