Agenda Item No. 5

6th July 2011

1.

The purpose of this report is to inform Members of proposed revisions to the Terms of Reference of the Elections and Democratic Structures Committee for the 2011/12 Municipal Year, which are due to be considered at the Full Council meeting on 21st July 2011 as part of a wider, detailed review of the Council’s Constitution.

2.

It is recommended that the Committee notes the proposed revisions to the Terms of Reference of the Elections and Democratic Structures Committee for 2011/12, as detailed in paragraphs 4 and 5 and Appendix A to this report, which are to be considered at the Council Meeting in July 2011.

3.

At its Annual Meeting on 20th May, 2011, the Council agreed that the existing Terms of Reference of all Committees and Sub-Committees of the Council should remain in operation pending the outcome of a detailed review of the Council’s Constitution, which is due to be reported to Full Council at its meeting on 21st July 2011.  This review will include, where necessary, the updating of the Terms of Reference of the Council’s Committees and Sub-Committees to ensure that these are robust and fit for purpose for the 2011/12 Municipal Year.

4.

With regard to the Terms of Reference of the Elections and Democratic Structures Committee, the Constitution review will include proposed changes to reflect the fact that whilst this Committee will continue to have lead responsibility for reviewing most parts of the constitution, in future any proposed constitutional revisions relating to Code of Conduct issues or ethical governance will be reported directly to Council by the Standards Committee.  Similarly, the Audit Committee will report direct to Council any proposed changes relating to corporate governance.  This revision will help to streamline and clarify the procedures for approval of constitutional revisions falling within the remits of the Audit and Standards Committee in the future.

5.

Additionally, the reference to the determination of Members' Allowances has been removed from the Terms of Reference of this Committee, as it is the responsibility of an Independent Remuneration Panel to recommend these changes to Full Council.

6.

A copy of the Terms of Reference for the Elections and Democratic Structures Committee, incorporating the proposed revisions summarised above, is attached at Appendix A for Members’ information.  Any proposed deletions are crossed through whilst additional text is shown in bold italics.

OPTIONS CONSIDERED AND REASON FOR RECOMMENDED OPTION

7.

In order to discharge its functions effectively, the Committee is required to operate within an agreed Terms of Reference.

RISKS & ASSUMPTIONS

8.

There are no identified risks associated with this report.

LEGAL IMPLICATIONS

9.

Sections 101 and 102 of the Local Government Act 1972 empower the Council to arrange for the discharge of any of its functions by a Committee or Sub-Committee.

FINANCIAL IMPLICATIONS

10.

There are no specific financial implications associated with this report.

CONSULTATION

11.

The Council’s Directors and relevant lead Officers for each Committee/Sub-Committee were invited to submit any proposed revisions to Committee and Sub-Committee Terms of Reference, to be taken into account as part of the review of the Constitution, prior to being submitted to the Full Council for consideration and approval.

BACKGROUND PAPERS

12.

Report to Annual Council 20th May, 2011:  Committees’ and Sub-Committees’ Terms of Reference for 2011/12.

REPORT AUTHOR

Jonathan Goodrum, Democratic Services Consultant (Strategic)

E-mail: jonathan.goodrum@doncaster.gov.uk

Direct Dial: 01302 736709 

Simon Wiles

Director of Finance and Corporate Services