Governance Committee report to Council Part 1

Local Government and Involvement in Health Act 2007 - required revision of the Constitution

1. As a result of changes introduced to governance arrangements in the Local Government and Public Involvement in Health Act 2007, there is a need for the Council to make some minor variations to the existing model of Leader and Cabinet style of governance operated by the Council. These changes are required to be effected by the end of December 2008 and the Governance Committee recommends their approval by the Council

2. The report considered by the Committee can be found at:

http://www.hants.gov.uk/decisions/decisions-docs/081103-govctt-R1028092311.html

RECOMMENDATION:

That Part I Chapter 7 of the Constitution under the heading of "The Executive" and one consequential change to the Council's Standing Orders at paragraph 5 be approved as follows:

Part I Chapter 7 of the Constitution - The Executive

Add new paragraph 7.4 as follows

"The Leader must appoint one of the members of his or her Cabinet to be his or her deputy and he/she shall be referred to as the deputy Leader. The deputy Leader shall hold office until the end of the term of office of the Leader or until one of the following events occur:-

a. The Leader in his/her absolute discretion, removes the deputy Leader from office

b. He or she is suspended from being a Councillor under the provisions of the Local Government Act 2000 (although he or she may resume office at the end of the period of suspension)

c. He or she is no longer a councillor

d. He or she is otherwise disqualified by law

If for any reason there shall be a vacancy in the position of deputy Leader, the Leader must appoint another deputy Leader from among the members of the Cabinet.

If for any reason the Leader is unable to act or the office of Leader is vacant, the deputy Leader must act in his or her place".

At paragraph 7.3 amend first sentence to read

"The Leader will be a councillor elected to the position of Leader by the Council either at the first Annual Meeting of the Council following an election or if there be a vacancy in the position of Leader at the first Meeting of the Council following such vacancy for a term of office expiring on the day of the post election annual meeting which follows his or her election as Leader".

Standing Order 5 to be replaced by:-

"The Council shall, at its first Annual Meeting following an election, elect a Leader of the Council for a term of office expiring on the day of the post election annual meeting which follows his or her election. If there should be a vacancy in the position of Leader of the Council, the Council shall at its next meeting appoint another Leader of the Council".

Add new paragraph 7.5 as follows:-

"Absence of Leader and Deputy Leader

If for whatever reason both the Leader and Deputy Leader are unable to act or both positions are vacant, the Cabinet must either collectively act in the Leader's place or they must arrange for a member of the Cabinet to act in the place of the Leader".

(Existing subsequent paragraphs to be consequentially renumbered.)