Committee Minutes

Mon Jul 18 2005

Related Documents:
agenda for these minutes


Councillors Shadrick (Chairman), Giles, Greenslade, Hart (vice Mrs Channon), Hobden, S Hughes, Mrs Spence and Westlake.

*2 Minutes

RESOLVED that the minutes of the meeting held on 26 May 2005 be signed as a correct record.

3 Recording of Motions and Amendments

The Committee noted that in accordance with Standing Order 23 Councillor Westlake had asked that the Committee give consideration to a proposal that the names of the Mover and/or Seconder of Motions and Amendments at Committees should automatically be recorded in the Minutes to increase public awareness of the conduct of business at meetings of the Council s Committees.

The Council s Constitution and Working Practices currently provided only for unsuccessful motions to be recorded in the Minutes of the Executive and Committees of the Council, if so requested by the Member concerned.

RESOLVED that the practice of routinely recording the name of the Mover and Seconder of all motions in the minutes of the Executive and all Committees of the Council be adopted with immediate effect.

4 Amendments to the Constitution

The Committee considered the report of the County Solicitor (CS/05/7) on possible amendments to the Council s Constitution in light of experience of the first full cycle of meetings of the Council following the transition from a balanced administration to a single party administration.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Hobden and


(a) that the following changes be made to the Constitution as set out in report CS/05/7:

page 61 : Paragraph 2.2 reduce quorum for meetings of the Executive from 5 to 4;

page 181 : Paragraph 6(a) amend to enable payment of Carers Allowances to be made to Councillors appointed to represent the County Council on Fire, Police and National Park Authorities only where such bodies were unable to pay such Allowances);

page 183 : Schedule 1 Paragraph 2 add the words to which members have been appointed by the County Council

page 192 : Agenda/Briefing Meetings delete reference to party spokespersons attending administrative meetings; such meetings to be attended only by the Chairman and Vice-Chairman and Deputy Chairmen, excluding briefings for meetings of the County Council;

page 192 : Arranging and Cancelling Meetings amend to recognise that while Officers would consult all Groups represented on the body as far as possible within prevailing time constraints the final decision on convening and/or cancelling a meeting would be a matter for the Chairman and Vice Chairman of a Committee, where such changes were not agreed by the Committee itself;

page 193 : Starring of Minutes increase to 23 the number of members necessary to vote in favour of the star to be lifted to enable full Council to amend a minute of a Committee;

page 194: Press Releases - delete the reference to an all party administration and the third bullet point in the section relating to press release/communications;

(b) that the newly appointed Gypsy and Travellers Committee comprise 4 LD; 2 Con; 1 Lab; I Ind Members (including those Members previously appointed to the Gypsy/Travellers Working Party) under the Chairmanship of the appropriate Executive Members reporting to the Executive, with the following terms of reference:

To exercise all the powers and duties of the Authority in respect of travellers .

(c) that the terms of reference of Highways Traffic Orders Committees (HATOCs) be amended by the addition of a further sub-paragraph, namely:

To make all the Orders required to implement a highway or transportation scheme approved by the Executive (recognising that if the advertisement of such an order attracts objections which a HATOC feels casts serious doubts upon a proposal it should refer these to the Executive for final determination).

(d) that the following terms of reference of the newly appointed Commercial and Regulatory Board be approved:

To have oversight of:

(1) the trading performance and operational framework of the Council s own business and trading activities; and

(2) the performance of those services, such as Trading Standards, within the Council engaged in the regulation of external businesses;

and to act as a mechanism for those members who, as nominated as directors of companies, are expected to report back to the Council on their involvement.

[NB: paragraph (2) above is not intended to alter the responsibility for the overall policy and direction of the Trading Standards service which is specified in the remit for the Executive Member for Communities].

(e) that the proposed amendment of paragraph 13.6 of Part 3, Section 2 of the Constitution (scheme of Delegation) be not pursued at this stage but the position be kept under review;

(f) that further consideration be given by the Chairmen, Vice-Chairmen and Deputy Chairmen of Overview/Scrutiny Committees to a protocol for issuing press releases on behalf of those Committees;

(g) that in relation to meetings of the Executive the Leaders of the Political Party Groups be automatically provided with a copy of any report to be considered by the Executive in the absence of the press and public and be advised, wherever possible, of any urgent items to be raised at meetings.

*5 Standards Committee - Appointment of Independent Member

The County Solicitor reported that, in accordance with the appropriate Regulations, a public advertisement had been placed in a local newspaper inviting interest in/applications for the position of an Independent Member of the Councils Standards Committee. No applications had been received. The County Solicitor also reported that for CPA purposes the Audit Commission expected Independent Members to form the majority of a Council's Standards Committee.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Hobden and

RESOLVED that Members be invited to submit names of interested parties to the County Solicitor by 28 July 2005 with a view to an appointment being made at the County Council meeting.

*6 References: County Committees: Public Participation

The Committee noted that the Mid Devon County Committee on 27 June 2005 discussed the desirability of public participation at its meetings and resolved that in view of the local nature of the Committee and the desirability of involving the public, the Procedures Committee be asked to consider the introduction of a form of public participation for County Committees to enable members of the public to attend and ask questions or express views on matters relating to that area, in an informal way and without notice.

The Torridge County Committee, on 15 June 2005, also discussed the participation of the public at its meetings and was of the view that this should be encouraged so long as it was well structured.

The Committee was asked to consider whether it wished to extend the Council s current Public Participation Rules to County Committees and, if so, in what format.

It was MOVED by Councillor Greenslade, SECONDED by Councillor Hobden and

RESOLVED that the Committee is minded to introduce some form of public participation for County Committees on a structured basis within clear guidelines and the County Solicitor be asked to investigate further and report back with proposals in line with the wishes of the Committee expressed at this meeting.

*7 Conferences

The Chief Executive reported on events approved and attended to date in 2005/6 and on the latest favourable budget monitoring report


The meeting started at 2.15pm and finished at 3.58pm.

Minutes of this Committee are published on the County Council s Website at: :

Date Published: Tue Jul 19 2005