Decision details

Following the introduction of a formal Substitute Scheme (SS) in September 2019 a light-touch review of the scheme, in consultation with Committee Chairmen, had taken place and two minor amendments were suggested to improve clarity and application. 

The first proposed amendment related to clarifying that the serving Chairman of Council would be unable to act as a named Substitute as ordinarily the Chairman of Council was an ex-officio Member on the relevant committees as a non-voting Member.  This would preserve the Chairman’s neutrality whilst acting as Chairman of the Council.

The second amendment related to allowing a Substitute Member to replace a vacancy on a Committee (for the relevant Group) until such times as full Council could appoint a replacement Substantive Member.  Members were pleased with the formal scheme which had worked well over the preceding 12-month period. 

The Chief Executive Designate agreed to ascertain why there was no provision for a substitute Member on the Audit and Standards Committee. 

RESOLVED: That the Council’s substitute scheme be amended as set out at Appendix 1.

CHAIRMAN

The meeting closed at 7:15pm

Appendix 1

Rother District Council – Constitution

Part 3 Responsibility for Functions

9. Appointment of Substitute Members of formal Committees and Sub-Committees

1.       (a)          There shall be no substitution of members of the Audit and Standards                    Committee, Cabinet or Licensing Panels.  Members of the Cabinet may               not be substitutes on any Overview and Scrutiny Committees.

(b)          The Chairman of Rother District Council may not be a substitute on           any Committee. 

2.       The political groups may appoint substitute Members from their own group in accordance with this Procedure Rule on committees and subcommittees. Only substitute Members who have undergone related training may be substituted to the Planning Committee.

3.       Substitute Members will have all the powers and duties of any ordinary Member of the committee.

4.       In the case of a vacancy on a committee, the appropriate named Substitute can attend and take the vacant seat until such times as a replacement Substantive Member has been appointed by Full Council.

5.       Political Groups will be permitted to nominate one substitute Member for each relevant Committee on which they have an allocated seat(s).

6.       Substantive Members must organise their own substitute arrangements and confirm the attendance of a substitute to the Democratic Services Manager or Officer at least one clear working day prior to the commencement of the meeting (unless there are extenuating circumstances such as a medical emergency or some other family-related emergency); notification by electronic mail or telephone will suffice for these purposes. 

7.       The Chairman of a relevant meeting will seek confirmation of substitute Members present at the “Apologies and Substitutes” Agenda Item. 

8.       Substitutes arriving after the commencement of the meeting and for which prior notification has not been received will not be permitted to act as a substitute. 

9.       Where a substantive Member is substituted on a relevant Committee for more than 50% of the scheduled meetings of that Committee in any civic year, Group Leaders will be alerted and consideration given to the removal of the substantive Member.    

10.     Substitute Members may attend meetings in that capacity only:

i.            to take the place of the substantive Member for whom they are the designated substitute;

ii.           to take the place of a vacant seat for whom they are the designated substitute for that Group;

ii.        where the substantive Member will be absent for the whole of the meeting;  

iii.       has undertaken the mandatory training in the case of the Planning Committee; and 

iv.       after notifying the Democratic Services Manager no later than one clear working day prior to the commencement of the relevant meeting.