Agenda item

The Council’s Audit and Governance Committee established a working group to review the Constitution in accordance with its terms of reference to have oversight of the Constitution. One of the issues considered by the working group was the requirement in the Constitution to hold secret ballots for appointments of councillors to offices or positions where there is more than one nomination. The members of the working group consulted with councillors about this issue and the response was mixed and no one view could be ascertained.

The recommendation from Audit and Governance Committee in respect of this matter was that Council receive a separate report on the matter from officers and have an opportunity to vote on the issue at a Council meeting. This recommendation was approved by Council at its meeting in February 2020, and this Report provides councillors with the background and issues so that a vote can be taken as to whether to continue with the current position or amend the Constitution.

The Chairman had previously reported that in accordance with the requirements of the Constitution this item would be the subject of a recorded vote.

The Chairman presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book on voting on appointments.  He advised Members that the report had been requested by Council at its last meeting and contained a neutral recommendation as detailed below:

“Council considers whether it wishes to amend the Constitution to remove the requirement to hold a secret ballot for appointments, and if it does wish to do so authorises the Interim Monitoring Officer to amend the Constitution to remove the requirement.”

The Chairman reported that unless he received a motion removing the requirement for a secret ballot the status quo would prevail.  Councillor Mike White proposed “that the Council remove the requirement to hold a secret ballot for all appointments” which was seconded by Councillor May Haines.  Councillor Mike White in making his proposal explained that the current arrangement was against the Nolan Principles and not consistent with the approach taken by neighbouring Councils and the views of the Local Government Association.  Councillors discussed the implications of the current arrangements included in the Constitution by the Shadow Council compared with the proposal to remove the requirements.

The Chairman of the Audit and Governance Committee explained in light of the debate that the Committee had felt that this was a matter for Council to consider and determine hence the recommendation for a report to be prepared which had been agreed by Council on 18 February 2020.

A recorded vote was taken on the motion detailed above

For

Against

Abstentions – None

The motion was lost

Voting: For – 20; Against – 55; Abstentions - 0

RESOLVED that in respect of voting on appointments the status quo remains.