Agenda item

To consider the proposed changes to the Constitution including:

·       to recommend the adoption of revised Executive Procedure Rules into the Constitution, subject to adoption by the Leader

·       to authorise the Monitoring Officer to make any consequential constitutional, formatting or cross-referencing amendments required to give effect to the changes

·       to note the Monitoring Officer’s intention to update the Constitution under her delegated authority to include the Executive Portfolio Holder appointments made by the Leader of the Council

·       to note the changes to be made to the West Surrey Shadow Authority Constitution by the Monitoring Officer under her delegated authority

The Committee considered a report that sought approval of the formal adoption of revised Executive Procedure Rules into the West Surrey Shadow Council Constitution. Members were asked to note the Executive Portfolio Holder appointments and to make a recommendation to the Shadow Authority to update the Shadow Authority Constitution. 

Concerns were raised about the process of asking questions of the Executive and some members felt that the revised Executive Procedure Rules process would be too restrictive.

Councillor Hulley proposed and Councillor Austin seconded a motion to amend the draft constitution as follows:

A Member of the Shadow Authority may ask the Leader, or any other member of the Shadow Executive, a maximum of three questions, on materially different topics, at a meeting of the Shadow Executive, on any matter in relation to which the Shadow Authority has powers or duties or which affects the area of the Shadow Authority and which relates to an Executive function.

A Member wishing to ask a question must submit the question in writing to the Monitoring Officer at monitoring.offer@westsurrey.gov.uk, no later than two clear working days before the day of the meeting.

The length of any such question is limited to a maximum of 150 words.

The Monitoring Officer will help ensure the question is worded appropriately. Any such questions may be rejected by the Monitoring Officer if it appears to them that is it defamatory, frivolous, vexatious or offensive, not about a matter for which the Shadow Executive within the last six months, it requires the disclosure of confidential or exempt information, it refers to legal proceedings taken or anticipated by or against the Shadow Authority, or it would more appropriately be dealt with by the Shadow Authority under the Freedom of Information Act 2000 or the Data Protection Act 1988 as amended. If a question is rejected by the Monitoring Officer, the member shall be advised of the reason for rejection.

A question relating to an urgent matter not otherwise included on the agenda may be asked provided that (a) the consent of the Leader has been obtained and (b) that the text of the question has been provided to the Monitoring Officer by noon on the day of the meeting.

An answer to a question from a member, may be given verbally at the Shadow Executive meeting, by reference to published material or information readily available to Members, or in writing, within 5 clear workings days of the meeting.

Questions shall be put and answered without debate.

Proposed amendment to the Executive Procedure Rules re Member Questions/SCS/23Jun26 Page 27.

4.9 Questions will be taken in order in which they are received by the Monitoring Officer, subject to the provisions that all members who submit such a question shall have their first question dealt with before any additional questions from them are considered.

4.10 There shall be a total time limit of 30 minutes at a meeting of the Shadow Executive for taking questions from members.

Questions shall be taken in the order in which they are received, except that the Chair may choose to take similar questions together. If the 30 minutes expires during a supplementary question or answer, the Chair may allow the supplementary question to be heard and responded to.

4.11 at the meeting, the member is able to attend either in person or remotely to put their question and has the right to ask one supplementary question without notice to the same Member. The supplementary question must arise directly from the original question or the reply.

The member has a maximum of 1 minute to put their supplementary question and the Member responding ahs a maximum of 2 minutes to respond verbally or may respond with 5 clear working days of the meeting. If the member is not able to attend the meeting either in person or remotely, the question may be read out by an Officer.

4.12 The questions and any written response will be recorded in the minutes of the meeting.

Proposed amendment to paragraph 15.2.1 of the West Surrey Authority Constitution adopted on 21 May –

Remove the words, ‘In the public gallery, as an observer.

Following a debate a vote was taken.

For the Motion – 6

Against the Motion 9

The motion therefore FELL

The Committee RESOLVED:

1.    Subject to the decision of the Leader to adopt revised Executive Procedure Rules as set out in Appendix 2, (to include a new section relating to Questions from Members), and to recommend to the Shadow Authority that these revised Executive Procedure Rules, be formally adopted into the West Surrey Shadow Authority Constitution at Part. 4.2, in place of the existing,

2.    To authorise the Monitoring Officer to make any consequential constitutional formatting or cross-referencing amendments required to give effect to the changes arising from the revised Executive Procedure Rules,

3.    To note the Executive Portfolio Holder appointments made by the Leader of the Council, as set out in Appendix 3 to this report, and recommend that the Shadow Authority notes the Monitoring Officer’s intention to update the Constitution under her delegated authority to include these appointments; and

4.    To note the recent changes that will be made to the West Surrey Shadow Authority Constitution, by the Monitoring Officer under her delegated authority, as set out in Appendix 4 to this report.