Agenda item

A report from Councillor Tahir Rafiq, Cabinet Member, Corporate Affairs and HR is attached.

ANNEXES

1.      ContentsV6 and Part 1 - Introduction to the Constitution V5 – Document Pack page 37

2.      Part 2 - Articles V13 – Document Pack page 43

3.      Part 3 Section 1 V5 – Document Pack page 69

4.      Part 3 (Sections 3 , 4 and 5) Responsibility for Committee Functions V13, Cabinet Functions V7 ; and Scrutiny Functions V4 including a new Employment Panel, Licensing Hearings Sub-Committee; Safeguarding Scrutiny Sub-Committee ; - Document Pack page 77

5.      Part 3 – Officer Scheme of Delegation V5 – Document Pack page 99

6.      Part 4 – Council Procedure Rules ( Standing Orders ) V12 – Document Pack page 103

7.      Part 4 – Cabinet Procedure Rules V6 – Document Pack page 125

8.      Part 4 – Scrutiny Procedure Rules V7 – Document Pack page 131

9.      Part 5 – Public Participation Protocol V5 – Document Pack page 145

10.    Part 8 - Covid-19 Interim Arrangements V3 – Document Pack page 153

11.    Member Development Strategy 2020/22.V1 Final – Document Pack page 159.

Equality   Impact Assessment V 2 – Document pack page 165

Councillor Tahir Rafiq, Cabinet Member for Corporate Resources and HR presented a report on the Bury Constitution Review and Member Development Strategy.

The report explained that at the Annual Council in May 2020, it was agreed to commission a review of the Bury Constitution as a matter of priority.

On the 1^st July 2020 the Standards Committee agreed terms of reference, scope and time scale for the constitution review to be led by the Democratic Arrangements Forum (DAF) and it received a progress report on the 12^th October 2020.

A Technical Review had been conducted to ensure the Constitution was legally compliant with all relevant legislation and the report updated members on the review and made recommendations to improve the Constitution in line with legislation and best practice.

The Member Development Group met on the 14^th September 2020 to review and recommend the Member Development Strategy. Current arrangements for member development were looked at following a member survey along with the impact of Covid-19 and other challenges facing the Council.

On the 12^th October 2020, the Standards Committee approved the Member Development Strategy to ensure Councillors are up to date with the Constitution and ethical governance (the Members' Code of Conduct and standards regime).

An all Member briefing will be held prior to Council to further explain the proposed changes. Once agreed, a series of member and officer briefings and training events will be organised to ensure a smooth transition into any new arrangements. 

Delegated decision:

1. That Cabinet agreed to recommend to Council to note the following:

·         Work of the Democratic Arrangements Forum in reviewing the Constitution and proposing revisions in line with the Technical Review to ensure legal compliance; 

·         Member Survey results set out at section 4 of this report;

·         Work of the Member Development Group in recommending a new Member Development Strategy.

·         Work to update Financial Regulations and Contract Procedure Rules and Council to agree to delegate authority to agree future revisions to the Audit Committee.

·         New Part 3 Section 6 – Additional Arrangements which sets out the role of the DAF and the Independent Remuneration Panel.

·         New Part 7 – Cabinet Portfolios, membership of committees and the Council’s Management Structure which will be a useful guide to who does what.

2. That Cabinet agreed to recommend to Council to agree and adopt the following:

·         Contents and Part 1 - Introduction to the Constitution at Annex 1;

·         Revised Part 2 - Articles at  Annex 2;

·         Revised Part 3 Section 1 Council Functions at Annex 3 and the Local Choice   Functions described at paragraph 12.1 of this report;

·         Revised Part 3 (Sections 3, 4 and 5) Responsibility for Committee, Cabinet and Scrutiny Functions at Annex 4 including a new definition of key decision; a new Employment Panel, Licensing Hearings Sub-Committee and Safeguarding Scrutiny Sub-Committee.

·         Proposal that Committees comprise 9 (Audit and Standards) or 11 members.                                               

·         Revised Part 3 - Officer Scheme of Delegation at Annex 5;

·         Revised Part 4 - Council Procedure Rules ( Standing Orders ) at Annex 6;

·         Revised Part 4 - Cabinet Procedure Rules at Annex 7;

·         Revised Part 4 - Scrutiny Procedure Rules at Annex 8;

·         New Part 5 - Public Guidance Protocol at Annex 9;

·         Covid-19 Interim Arrangements at Annex 10;

3. That Cabinet agreed to recommend to Council that:

·         Adopt the Member Development Strategy 2020/23 set out at Annex 11;

·         Implement the proposed changes to the Constitution in two phases with Parts 1,2 4,5 and 7 coming in to force on 1 January 2021 and changes to Part 3 – Responsibility for Functions ( Committee Terms of Reference ) save for new  Audit Committee terms of reference , coming into force at the annual council meeting in May 2021.

·         Authorise the Interim Monitoring Officer to publish a final version of the Constitution (removing track changes, correct numbering, editing or formatting errors) and including the minor updates to Part 3: Council and Local Functions described at paragraph 12.1 and the Access to Information Rules described in paragraphs 13.6 and 13.9, with a version history, Glossary and Index. 

·         Request a DAF review of the Overview and Scrutiny function in early 2021 to ensure better alignment with corporate priorities and partnership arrangements.