Agenda item

For the Council to consider amendments to the Constitution and consequential Member appointments, following the change in the political balance of the Council as a result of the local elections held on 5^th May 2022. (Motion to follow)

The Council considered the following Notice of Motion, which had been submitted by Councillor Stephen in accordance with Council Procedure Rule 8.

 

The Mayor advised the Council that, should the Notice of Motion be agreed, the Notice of Motion which had been proposed by Councillor Denham, could not be considered as, in accordance with Part 4 of the Constitution, no resolution or decision of the Council shall be rescinded or varied during the period of six months after it was passed.

 

Amendments to the Constitution and Group Leader’s Protocol

 

Since theintroductionof theCommitteesystem, Council hastried toincrease the involvementofall councillorsin decisionmaking.Various changestotheConstitution have aimedtoprovidestabilityand strategicthinkingbeyond thenormal electoral cycle, forCouncillors,Council Officers,partnersand residents. Council believes the Constitutionshould besufficientlyflexible to betterreflectmulti-partydemocracy in Worcester.

 

The Group Leaders Protocol stipulatesthatit should be reviewedeverytimethereis a change inthepolitical compositionof the Council.

 

The Council thereforeresolves to:

 

i     Amend article 6. 1a of the constitution so that,incircumstancesof No Overall Control, twojoint leadersof the Council will beelectedby Council, one fromeachof thetwolargest Political Groups,as set outin Appendix1 to thisMotion.

 

ii    AmendtheexistingGroup Leaders Protocolto: a)specify whoshould deputise for the Leader if onlyone Leaderhasbeenappointed; b)simplifythe rules forappointingChairsandVice Chairsof Committees;c)altertherules forappointingtheMayorandDeputy Mayor sothat the roles rotate amongst all the Political Groups; all as set out in Appendix2 tothisMotion.

 

iii   To authorise theMonitoringOfficer to makeanyother minor consequential changes to the Constitution thatarisefrom thesechanges.

 

iv   To proceedtomakeappointmentsin accordancewith thesechanges.

 

Appendix1: ProposedChanges totheArticles

 

ARTICLE 6- THE LEADER AND DEPUTY LEADER OF THECOUNCIL THE LEADER OF THECOUNCIL

6.1       Election of the Leaderof theCouncil

 

The Leaderof theCouncil will bea CouncillorelectedtothepositionofLeaderof the Council.The Council willelecta Leaderof the Council onan annual basisat its Annual meeting.

 

6.2      Term of Office

 

TheLeaderof the Council will hold office until:-

(a) theyresignfromtheoffice; or

(b) theyare suspendedfrom beinga Councilloror

(c)theyare no longer a Councillor;or

(d) forone year from the date of election, savethat they maybe removedfrom office atan earlierdateby resolution of the Council.

 

THE DEPUTY LEADER OF THE COUNCIL

 

6.3      Election of the Deputy Leaderof the Council

 

The DeputyLeaderof the Council will bea Councillorelectedtothepositionof DeputyLeaderof the Council.The Council will electa Deputy Leaderof theCouncil onan annual basisat itsAnnual meeting.

 

6.4      Term of Office

 

The DeputyLeaderof the Councilwill hold office until:-

(a) theyresignfromtheoffice; or

(b) theyare suspendedfrom beinga Councilloror

(c)theyare no longer a Councillor;or

(d) forone year from the date of election, savethat they maybe removedfrom office atan earlierdateby resolution of the Council.

 

ARTICLE 6A - THE LEADER AND DEPUTY LEADER OF THE COUNCIL (NO OVERALL POLITICAL CONTROL)

 

THE LEADER OF THE COUNCIL (NO OVERALL POLITICAL CONTROL)

 

6.1A   Appointment of the Leader(s) of the Council

 

In circumstances of no overall political control, the Council will elect two Leaders, one from each of the two largest political groups. The Council will elect the two joint Leaders of the Council on an annual basis at its Annual meeting. In the event that one of the two political groups eligible to nominate a Joint Leader elects not to do so, the Council shall elect one Leader only and the other Joint Leader position will be vacant.

 

6.2A   Term of Office

 

In circumstances of no overall political control, each Leader of the Council will hold office until:-

 

(a)     they resign from the office; or

 

(b)     they are suspended from being a Councillor or

 

(c)     they are no longer a Councillor; or

 

(d)     for one year from the date of election, save that they may be removed from office at an earlier date by resolution of the Council.

 

Appendix2: ProposedChanges toGroupLeadersProtocol

 

2.       The Leader of the Council

 

2.1     The Leader of the Council will be appointed annually by Council.

 

2.2     The Leader(s) of the Council will represent the Council at the Worcestershire Leaders’ Board, the Local Enterprise Partnership and other external partnerships and boards.

 

2.3     When the Council is in overall political control, the Leader will be appointed from the largest Political Group.

 

2.4     When there is no overall political control, two Leader will be appointed, one from each of the two largest Political Groups. Where for any reason only one Leader has been elected instead of two, the Leader may ask the leader of any political group to deputise for them on an ad hoc basis when required.

 

3.       Deputy Leader of the Council

 

3.1     The Deputy Leader of the Council will be appointed annually by Council.

 

3.2     In the event that the Leader of the Council is unable to attend or chair any external body as Leader, then the Deputy will chair or attend instead.

 

3.3     When there is no overall political control, there will be no Deputy Leader.

 

4.       Chairs and Vice Chairs of Committees

 

4.1     The Chairs and Vice Chairs of all Committees shall be equally responsible for agenda setting for their Committee, with equal access to Officers and information; all other members of a Committee may request that an item is included on the agenda of the Committee; statutory officers have the right to put an item on the agenda of any Committee.

 

4.2     The Chairs and Vice Chairs of Committees will be appointed annually by Council in accordance with the following principles:

 

•    The Chair and Vice Chair of each Committee will be from different Political Groups;

 

•    There shall be two Vice Chairs of the Policy and Resources Committee, each from different Political Groups and different to the Political Group of the Chair;

 

•    The roles of Chair and Vice Chair shall be allocated to Political Groups in proportion to the number of seats each Political Group has on the Council, subject to the rules on political balance.

 

5.       The Mayor and Deputy Mayor

 

5.1     The Mayor and Deputy Mayor shall be appointed in accordance with the following principles:

 

•    The Mayoralty shall rotate with a right of first refusal on an annual basis amongst the Political Groups;

•    The Mayor and the Deputy Mayor shall not be from the same Political Group;

•    The Mayor should normally have served at least one full term of office as a councillor;

•    The Mayor should normally have served as the Deputy Mayor in the preceding year;

•    The Mayor and Deputy Mayor must be willing to undertake the duties of Mayor and Deputy Mayor;

•    Where there is more than one eligible candidate for appointment as Mayor or Deputy Mayor, the appointment may be based on seniority in terms of number of years served as a councillor.

 

The proposer, Councillor Stephen, spoke in support of the Motion. The Motion was seconded by Councillor Bisset.

 

Members of the Council proceeded to debate the Motion, following which the Motion was put to the vote. In accordance with Council Procedure Rule 7.2 a named vote was requested and supported by four Members.

 

RESOLVED: That the Council agree to:

 

1.    amend article 6. 1a of the constitution so that, in circumstances of No Overall Control, two joint leaders of the Council will be elected by Council, one from each of the two largest Political Groups, as set out in Appendix 1 to this Motion.

 

2.    amend the existing Group Leaders Protocol to: a) specify who should deputise for the Leader if only one Leader has been appointed; b) simplify the rules for appointing Chairs and Vice Chairs of Committees; c) alter the rules for appointing the Mayor and Deputy Mayor so that the roles rotate amongst all the Political Groups; all as set out in Appendix 2 to this Motion.

 

3.    authorise the Monitoring Officer to make any other minor consequential changes to the Constitution that arise from these changes.

 

4.    proceed to make appointments in accordance with these changes.

 

Record of Voting:

 

For: Councillors	Against: Councillors	Abstain: Councillors
Altaf, Amos, Bayliss, Bisset, Cleary, Cockeram, A. Ditta, S. Ditta, Geraghty, Hassan, Mrs L. Hodgson, S. Hodgson, Laurenson, Lewing, Mackay, Mitchell, Piotrowski, Roberts,  Stafford, Stephen, Stanley	Agar, Ali, Allcott, Barnes, Cookson, Cronin, Denham, Desayrah, Gregson, Lamb, Lawrance, Norfolk, Riaz, Udall
Total: 21	Total: 14	Total: 0