The Monitoring Officer introduced the report which set out a number of changes to the constitution to correct errors, provide clarity and improve the document. The Monitoring Officer suggested that Members discuss and take a vote on each separate proposed change in Appendix I of the report.

Members agreed to the addition to paragraph 2.2.1.1 in the Constitution.

The Chair invited Members to make comments on the second amendment to the proceedings at Annual Council and these included:

·           When there were borough elections, then an election of Leader at the Annual Council meeting following the elections should take place;

·           the term of the Leader should last for as long as that Member was in term for;

·           the Council needed an element of stability especially when working on the Local Government Review (LGR);

·           if the term was for one-year the constitution should state that to make it clearer;

·           did not see the benefit of changing the constitution as it had not been followed strictly in the past and following the LGR it would be changed so thought it was best to keep the constitution as it was; and

·           if the constitution had been clearer in the past, it could have been followed.

Councillor Mike Baldock proposed that the Constitution should not include the proposed addition of 3.1.2.1 as shown in Appendix I of the report, and that the constitution should stay with an Election for Leader every year at Annual Council and the constitution should state this. Councillor Charles Gibson seconded the proposal and on being put to the vote it was agreed.

Members agreed to the proposed changes to paragraph 2.2.1.4 of the constitution as set out in Appendix I of the report.

Members agreed to the proposed changes to the Delegations to the Monitoring Officer.

The Chair invited Members to make comments on the proposed changes to the write-off procedures and limits and these included:

·           What was the reason for removing the information being kept in a register?;

·           previously, the Policy and Resources Committee had long discussions on debts and was concerned that there would be no record keeping of the debts;

·           Members often had local knowledge and knew when individuals were able to pay back the debts but were not forthcoming;

·           further consideration needed to be made so that Members could see who owed debts;

·           there should be a facility for Members to review the register of debtors;

·           was not concerned with threshold limits being increased but if there was a way of Members accessing the names of the people that had not paid their debts it needed to be explored;

·           for some residents being ‘chased’ for Council Tax debts had caused mental health issues so Members needed to consider the impact ‘chasing’ debts had on the residents of Swale;

·           the proposal was a sensible approach and would save officer time;

·           Members had provided assistance to the finance team with getting the debts paid;

·           how the information was shared on the register of debtors needed to be considered; and

·           could the register be circulated as part of the Members weekly information?

The Director of Resources responded to the removal of the register from the wording and said that it related to an old paper register that used to be kept as well as the electronic version on the Financial management system. She added that the electronic register was in keeping with the financial regulations and it was better to have one central register.

The Director of Resources responded to the threshold changes and said that they had not been updated for a number of years and the new thresholds were more in keeping with inflation. She added that the Finance team did not give up chasing for any debts until they were satisfied every route had been explored before any unpaid debts were reported to Members.

Councillor Mike Baldock moved that the proposed changes to the constitution were not made and that information should be kept on the register until a satisfactory method had been put in place for Councillors to access the register when they needed to. This was seconded by Councillor Ashley Wise and on being put to the vote, the amendment was lost.

Councillor Elliott Jayes proposed that the information was not kept in a separate register and information on the list of debtors be reported to Members in the weekly communications emails to Members. This was seconded by Councillor Mike Baldock and on being put to the vote, the amendment was lost.

Resolved:

(1)   That the amendments at Appendix I be recommended to Council, subject to the changes as minuted, for their incorporation into the constitution.