Agenda item

To receive a report of The Clerk proposing that the Authority adopt a new constitution.

The Authority received the report of the Clerk regarding a proposed new Constitution for HFRA. It was explained that, in accordance with the agreement of the Authority in September 2016 to make changes to its size and structure, governance documents had been reviewed and the opportunity had been taken to draw them together into a single Constitution document.

Key changes to specific documents were highlighted and Members considered the Constitution section by section making several minor amendments.

With regards to the Standing Orders of the Authority, and in particular to concern that the current quorum requirements may not always be achievable, additional recommendations were proposed by Councillor Carter and seconded by Councillor Fairhurst and agreed unanimously. These proposed that pending the revision of the Combination Order and an amendment of the quorum requirement, both Portsmouth and Southampton City Councils be invited to appoint a temporary deputy Member to the Authority. Furthermore, proposals were circulated that Standing Orders be amended to provide for the quorum to be as  specified in the Combination Order from time to time at S.O 4.1 and to extend the time specified in S.O 4.3 to 30 minutes following which the meeting “may” be dissolved.

With regards to the Members’ Allowances Scheme, it was felt that the changes to the structure of the Authority meant that the Scheme was potentially now unsuitable and should be reviewed by the Standards and Governance Committee. It was proposed and unanimously agreed that all allowances be suspended until such point as this could be completed and its outcomes considered. Any changes to allowances would then be reflected in backdated payments to the date of the Authority meeting.

Protocols around declaring gifts and hospitality were questioned and it was proposed and agreed that authority be delegated to the Clerk to review and make necessary amendments to ensure that the HFRA requirements were in line with other local authorities.

Members paid tribute to officers for formulating the Authority’s new Constitution and:

Resolved:

a.    That the Authority agrees to invite Southampton City Council and Portsmouth City Council to nominate one member each to act as a temporary Deputy Member of HFRA and who may, after giving notice in advance to the Clerk, deputise for their authority’s substantive member in the event their substantive member is unable to attend a meeting of the Full Authority. The temporary Deputy Members will serve from the date of their appointments by Portsmouth City Council and Southampton City Council until the amendments to the HFRA Combination Order and in particular the amendments to the quorum provisions come into legal force, whereupon the temporary Deputy Members shall automatically cease to hold office as Deputy Members of HFRA. Authority is delegated to the Clerk to write to Portsmouth City Council and Southampton City Council to invite them to each nominate one deputy member and to make any consequential amendments to the Authority’s constitution and in particular Standing Orders. For the avoidance of doubt, the temporary Deputy Members shall not be entitled to receive any allowances under HFRA’s Members’ Allowance Scheme

b.    That, the Authority adopts the proposed Constitution, as amended above, at appendix 1 of the report as the Authority’s Constitution with effect from the date of this decision.

c.    That the Authority authorises the Clerk to finalise and publish the new Constitution on the Authority’s web pages so that it is accessible to officers, Members and members of the public.

d.    That all HFRA Member Allowance payments be suspended pending review by the Standards and Governance Committee.

e.    That authority be delegated to the Clerk to review and update (if necessary) requirements for Members to declare gifts and hospitality, to be in line with other local authorities.