FOI request (FOIR-522082028)

Changes to HBC Constitution - when were they approved by Cabinet / Full Council?

Requested Wed 07 June 2023
Responded Thu 15 June 2023

The HBC website shows part 8 of the constitution dated 23rd April 2023:

https://www.hastings.gov.uk/content/my_council/decisions_how/pdfs/Part_8_Constitution_-_Standing_Instructions_to_Authorised_Officers

Changes to the constitution require approval at Cabinet and full council. I have checked the Cabinet and Full Council minutes and the last Cabinet/Full Council approved changes were back in December 2020. This only affected parts 4 and 5.

In October 2019 parts 1, 2, 4, 6, 8 and 9 of the Constitution were approved by Cabinet and Full council.

There are no records of further amendments having been approved for part 8 since October 2019.

There are substantial difference between the version approved in October 2019 and the latest version dated 23/04/2023 available online:

https://www.hastings.gov.uk/content/my_council/decisions_how/pdfs/Part_8_Constitution_-_Standing_Instructions_to_Authorised_Officers

Can you please:

1. Confirm that the 23/04/2023 version displayed online is the current version of part 8 of the constitution.

2. Provide me with copies of the Cabinet minutes and Full Council minutes that show that the substantial changes to the constitution since October 2019 have been approved by Cabinet and Full council.

Response

The Monitoring Officer is allowed to make changes to the constitution without Cabinet and Full Council approval under certain circumstances.

The constitution allows this under Part 2, article 14, 14.3 which states: Changes to the Constitution 14.3 Changes to the Constitution will be approved by the Full Council. However, minor changes, not affecting the substance of the Constitution, such as correction of typographical errors, updating of legislation, changes in job titles or the management structure, may be made by the Monitoring Officer in consultation with the Leader of the Council and the Chair of Working Arrangements Group (WAG). Link to this on our website:

https://www.hastings.gov.uk/content/my_council/decisions_how/pdfs/Part_2_Constitution_-_Articles_of_the_Constitution

The changes were necessary to reflect the new Senior Management Structure and the delegated responsibilities each of these post would need to statutorily look after.

The Leader and Chair of WAG were consulted and agreed to this. These are not considered substantive changes to the constitution.

This was only a reallocation of already existing responsibilities to the new Senior management posts.