PROPOSED CHANGES

COMMENTS

Introduction to the Constitution

Under the section headed "Who pays" there is deleted the final sentence which reads as follows:-

"This is illustrated in the bar chart on page 4".

The overview of the revenue budget which is shown in a bar chart format is deleted.

The information contained in the loose-leaf version of the Constitution is out of date and adds little to the previous paragraphs.

In the section headed "How is the Council organised to carry out its job" in the diagram the title of Policy and Resources should be changed to "Policy and Resources Scrutiny and Select Committee".

This is to reflect the new title of the Committee.

A Governance Committee is added to the diagram in a new box which reports to the Cabinet.

In the same diagram there is added Health Review Committee under the box of Policy Review Committees.

Also in the diagram the reference to Highway Management and Transportation Panels is deleted and replaced by "Local Transportation Strategy Panels and Highway and Transport Advisory Panels".

In the diagram headed Leader and Executive Cabinet, in the box headed Cabinet the words "or as individuals" contained within the third bullet point are deleted. In the same box there is added the following additional bullet point "Individual Executive Members take decisions in the light of functions delegated to them".

This clarifies the role of the Cabinet as a group and as individual members.

Part 1 Chapter 1 of the Constitution - The Constitution

At paragraph 2 delete the second sentence and replace it with the following: "The Cabinet has the primary responsibility for doing this for the Council on the advice of the Governance Committee as advised by the Monitoring Officer.

This is to reflect the proposed arrangements for the future handling of changes to the Constitution.

Part 1 Chapter 2 of the Constitution - Members of the Council

At paragraph 2.1 delete the reference to the word "ward" and replace with the word "division".

To reflect electoral arrangements for County Councils.

At paragraph 2.3 under sub-paragraph a) Key Roles, reverse the order in which the first two bullet points appear so that the corporate role appears first.

To give greater emphasis to the Corporate role of members.

At sub-paragraph b) Key Tasks at 2 add the words "of Hampshire" at the end of the sentence so that it now reads "representing and promoting the interests of the community of Hampshire".

At paragraph 2.3 b) Key Tasks at number 4 in the second bullet point, delete the words "not in line with" and replace with "outside".

At paragraph 2.3 b) Key Tasks add a new number 7 as follows "Undertaking membership of Health Review Committee or sub-committees" and renumber the next following three numbered sentences.

Part 1 Chapter 3 of the Constitution - Citizens and the Council

At paragraph 3.1 (b) (ii) a) delete the existing sub-paragraph and replace with the following:-

"a) To result in the Council incurring expenditure or making savings which are significant in terms of the budget for the service or function to which the decision relates; or

N.B. The County Council has set this financial limit at £500,000."

This clarifies the statutory provision and the decision which the County Council itself had to make.

At paragraph 3.1 b) v) delete the reference to "District Auditor" and replace with "Audit Commission".

At paragraph 3.1 c) under the sub-heading of Participation and Consultation after the word County Council, insert the words "Cabinet and Executive Member Decision Days".

The effect of this is to introduce the deputation procedure to Cabinet meetings and individual Executive Member Decision Days.

Part 1 Chapter 4 - The Role of the County Council

At paragraph 4.01 at p) in the third bullet point, delete the words and numbers in brackets, i.e., "see 4.4".

Part 1 Chapter 5 - Chairing of the County Council

At paragraph 5.02 at i) after the words "who do not" delete the words "hold committee chairs" and replace with the words "chair a committee".

Part 1 Chapter 6 - Policy Review (Overview and Scrutiny) Committees

At paragraph 6.3 in the Schedule of PRC Committees and their scope, at 1 under the heading of Committee delete all and replace with Policy and Resources Scrutiny and Select Committee.

Under the heading of Scope for the Policy and Resources Scrutiny and Select Committee, delete all and replace with the following:- "Giving detailed consideration of issues within the remit of the Council and its members".

The intention here is to expand the role of the newly formulated Policy and Resources Scrutiny and Select Committee.

At 6.5 e) - Annual Report, delete all and replace with:- "The Policy Review Committees and the Policy and Resources Scrutiny and Select Committee will submit to the full Council meeting in September of each year a list of the current year's programme and a tentative list for the following year".

Part 1 Chapter 9 - The Standards Committee

At paragraph 9.1 delete the second sentence in its entirety.

At paragraph 9.2 delete the words "subject to the limitation in 9.4" from the second sentence where they appear.

At paragraph 9.3 Role and Function, delete paragraphs e), j), k), l), m), n), o) and p) and re-letter the paragraphs in sequence.

Paragraph 9.4 Procedures to be deleted in its entirety.

Insert New Chapter 10 (and renumber following Chapters) as follows:

"Part I: Chapter 10 - The Governance Committee

10.1 The Governance Committee

The Council has set up a Governance Committee to monitor, review and report to the Cabinet the governance arrangements of the County Council.

10.2 Composition

The Governance Committee will be composed of five members. The Leaders of the three political groups on the Council and two additional members appointed by the Council.

10.3 Role and Function

The Governance Committee will monitor the rules, processes and behaviour that affect the way in that governance is exercised within the Council with regard to:

a) The operation of the provisions relating to call-in and urgency set out in Part 3D paragraphs 1.15 and 1.16 and submitting an annual report to Cabinet if necessary.

b) Functions relating to elections as specified in Schedule 1 paragraph D1-17 of the Functions Regulations.

c) The adoption, review and amendment of Corporate Governance Framework for the County Council.

d) To receive and consider reports from the County Treasurer on internal Audit Strategy, planning and delivery.

e) To receive and consider reports from District Audit and such other national agencies that may report on County Council performance, inspection or audit.

f) To make recommendations to the Council for approval, the making or amending of standing orders relating to contracts and financial standing order or regulations related to the conduct of the Council's business."

g) To consider the recommendations of the report of the Independent Remuneration Panel and make recommendations to the Council for approval of the Members' Allowances Scheme.

This will be a new Chapter.

Part 1 Chapter 10 - Area Based Committees and Panels

At paragraph 10.2 the list of "Statutory Joint Committees" should include "Health Scrutiny Joint Committee".

At paragraph 10.2 the reference to Local Transportation Panels should be deleted and replaced with "Local Transportation Strategy Panels".

In addition the title of each of the four panels referred to under this heading should have in their title, the word "strategy" added after the word transport.

N.B. The following references are to the existing chapters of the Constitution and will require to be re-numbered if the proposal for a new Chapter 10 is approved.

The heading of Highway Management Advisory Panels should be deleted and replaced with the title of "Highway and Transport Advisory Panels".

Under the heading of Other Advisory Panels reference to the Youth Service Panel should have the word "Service" deleted from its heading.

Part 1 Chapter 11 - Officers

At paragraph 11.2 d) the last sentence of the web version of the Constitution needs to be deleted and replaced with "This is set out on page 7 of this Constitution".

N.B. This is how it is stated in the loose-leaf version.

At paragraph 11.4 - Functions of the Monitoring Officer add a new sub paragraph k) as follows: "Supporting the Governance Committee. The Monitoring Officer will give guidance to the Governance Committee on matters appertaining to the governance of the Council's affairs."

Part 1 Chapter 12 - Decision Making

At paragraph 12.9 - Decision Making by Officers, after the word "answerable" delete all and replace with:- "In the first instance to the Chief Executive (Head of Paid Service) and ultimately to the County Council through the Cabinet and Leader".

Part 1 Chapter 14 - Review and Revision of the Constitution

At paragraph 14.1 delete the paragraph in its entirety and replace with: "The Head of Corporate and Legal Services (designated the "Monitoring Officer") will ensure that the aims and principles of the Constitution are given full effect. The Governance Committee with guidance from the Monitoring Officer will monitor and review the operation of the Constitution, to ensure that the aims and principles of the Constitution are given full effect. It will report to the Cabinet detailing any changes it considers necessary. The Cabinet will monitor and review such aspects of the Constitution as it considers appropriate and will make any recommendations to the full Council at the appropriate time.

At paragraph 14.2 - Changes to the Constitution, a) - Approval, delete this paragraph in its entirety and replace with: "The full Council will only consider changes to the Constitution after the Cabinet has considered any proposals."

At paragraph 14.3 - Exception to the requirement in 14.2 in the first sentence, delete reference to the Standards Committee and replace with a reference to the Cabinet.

Part 1 Chapter 15 - Interpreting the Constitution

At paragraph 15.4 - Executive Arrangements, after the first sentence and before the words Chapter in numbered paragraphs 1, 2 and 4 add the word "Part 1" before each number, so that the sentence in each case reads Part 1 Chapter 6, Part 1 Chapter 7, Part 1 Chapter 12.

At paragraph 15.4 point number 3 before the sentence, add the words Part 1 Chapter 10 and then place the sentence "area based committees and panels including joint committee arrangements, statutory or otherwise" in brackets.

Part 2 Chapter 1 - Responsibility for Functions

At paragraph 1.3 under numbered paragraph 9 relating to the conduct of best value reviews, in the column headed "Taking the decision" delete all and replace with "the Executive, taking advice from a Policy Review Committee".

At paragraph 3 - Responsibility for Executive Functions, at sub paragraph 3.2 delete the second bullet point which reads "The Executive will be responsible collectively" and replace with:- "The Executive collectively will be responsible for those decisions falling appropriately to it".

Also at sub paragraph 3.2, delete in its entirety the fifth bullet point which reads "The fact that an individual makes a decision, does not remove the principle of collective responsibility for that decision".

At paragraph 3.2 in the Schedule which identifies Executive Members and their role, where it refers to the functions of the Leader, delete the following sentence: "Regional links with SEERA and Europe".

To reflect current Cabinet arrangements.

At paragraph 3.2 in the Schedule which identifies Executive Members and their role, where it refers to the functions of the Executive Member for Economic Development, delete the following sentence: "co-ordinating the Council's involvement in European issues" and in its place insert the following: "co-ordinating and developing the Council's involvement in European projects sponsored or led by the Economic Development Unit".

In referring to the role of the Executive Member for Community Development and Regeneration, delete the second sentence in its entirety which reads "Overall responsibility for managing liaison between the Executive and non Executive Members (internal liaison and communications). In its place insert the following: "Regional links to SEERA and corporate oversight of European and International policy and activities".

To reflect current Cabinet arrangements.

To reflect current Cabinet arrangements.

Also at paragraph 3.2 in the Schedule which identifies Executive Members and their role, delete the references to the Executive Member without portfolio and the Executive Member for internal liaison in their entirety.

To reflect current Cabinet arrangements.

Also at sub paragraph 3.2, in the schedule referring to Executive Members and their functional responsibilities, add the following:- In the column "Responsible Person", add a reference to "Executive Member for Personnel and Training". Against that Executive Member, add the following functions:-

"Advice to the Leader on all issues concerning personnel policy formulation, development and adoption including pay and remuneration strategy.

Primary departmental link - County Personnel and Training Department.

Service - all services within the remit of the County Personnel and Training Department.

Functional area - personnel policy formulation and development."

To reflect current Cabinet arrangements.

Again in the column "Responsible Person" add the following:- Executive Member for Communications, external relations and efficiency. And in the Functions column against that Cabinet Member, add the following descriptions:- Helping to develop and improve two-way communications with the Cabinet and other members of the authority; Acting as an Ambassador with external and national bodies; Advising the Cabinet on its continuous drive to seek efficiency savings so as to keep council tax as low as possible.

To reflect current Cabinet arrangements.

Part 3A - Council Standing Orders

At paragraph 4.1 in the first sentence after the words "There shall be" delete the words "not less than" and replace with "up to". The sentence shall now read as follows:- "There shall be up to six meetings of the Council in each year with the annual meeting taking place in May".

Part 3A - Council Standing Orders

At paragraph 7.1 delete the second sentence which reads in "The Chief Executive, County Treasurer or Monitoring Officer, as the case may be, will introduce the report and explain the recommendations" and replace with "The appropriate Executive Member will introduce the report, explain the recommendations and answer any questions".

At paragraph 12 - Order of Business, delete sub paragraph i) and as a result re-letter all following sub paragraphs.

At existing sub paragraphs n) and o) which refer to reports of the Hampshire Police Authority and Hampshire Fire & Rescue Authority, at each sub paragraph after the words "authority and" in each case, add the words "for no more than ten minutes".

This is to insert a time limit where none exists at the moment and is also linked with the proposed amendment to Standing Order 20 so as to allow as many members of the Council as possible to have a question answered.

Part 3A - Standing Order 20

The last sentence of Standing Order 20 b) i) is deleted in its entirety. This sentence reads "Member putting the question may ask a supplementary question provided it arises from the answer given".

See explanation later.

Add a new paragraph f) and insert the following words "In respect of paragraphs b) i), d) and e) above, the member putting the question may ask a supplementary question, provided it arises from the answer given. A member may not ask a second question until all first questions put by other members have been dealt with. The same guiding principle will apply to third and subsequent questions."

The intention here is that as many members of the Council as possible will have the opportunity to have a question answered pursuant to Standing Order 20 given that 30 minutes is allowed under Standing Order 12 for this purpose. The intention therefore is to restrict a member to one question unless there is time remaining to allow a second or subsequent question from the same member to be answered.

Part 3A - Standing Order 21

In the first line of the Standing Order after the words "the Council" where it first appears, delete the words "and the" and insert the words: "Cabinet, Executive Member Decision Days".

This is to apply to the Deputation Procedure to Cabinet meetings and individual Executive Member Decision Days.

Part 3B - Access to Information Protocol

At paragraph 2.5 after the word "urgent" in the first line, insert the word "key" so that the beginning of the sentence now reads "Where an urgent key decision is required etc."

This is to reflect the statutory position.

Part 3C - Executive Procedures

At paragraph 1.5 add the following bullet points:-

· Overseeing complaints handling and Ombudsman investigations where these are concerned with service delivery and are not concerned with member behaviour.

· Overseeing the Constitution

Part 3D - Policy Review

At paragraph 1.11 delete all the words in this paragraph up to the words "will co-ordinate" and replace with the following:- "The Policy and Resources Scrutiny and Select Committee", so that the paragraph now reads "The Policy and Resources Scrutiny and Select Committee will co-ordinate any issues arising between policy review committees and, if appropriate, reconcile differences and ensure that reports are consistent and take account of corporate issues".

At paragraph 1.16 at the second paragraph, delete the reference to Standards Committee and replace it with a reference to the Governance Committee.

Part 3E - Financial Regulations

At paragraph 2.7 - Standards Committee, delete the last sentence which currently reads as follows "It also has the power to make or amend standing orders relating to contracts and financial regulations in relation to the conduct of the Council's business".

It is proposed that this role be assumed by the newly constituted Governance Committee, subject to consideration by the Cabinet and approval by the Council.