Introduction
On 11th January 2023 at a meeting of the Full Council, the Monitoring Officer presented her report on the New Constitution.
The Report was dated for a meeting on 11th January 2022.
This, of course was the wrong date.
I have published many posts on the subject of the Monitoring Officer’s failure to comply with the Council’s Constitution.
At the meeting in January 2023, the Monitoring Officer attempted, unsuccessfully, to con the Full Council into approving her version of a New Constitution that would have enabled her position of non compliance with the Constitution to become Constitutional.
It is confusing, but let me try and give you an explanation of my concerns.
The Presentation of draft Minutes of Committee Meetings for approval as a correct record by the Full Council
The current Constitution stipulates that the draft Minutes of meetings should be presented to the next suitable meetings for approval as a correct record.
The next suitable meeting refers to the fact that the draft minutes should not be presented for approval to a Special Meeting or an Extraordinary Meeting, but to an ORDINARY meeting.
In all the other local councils in Wales (except for Merthyr) the draft minutes of Committee meetings are presented to the next ordinary meeting of the Committee for approval.
For example,
* the draft minutes of a meeting of the Full Council would be presented for approval as a correct record to the next ordinary meeting of the Full Council.
* the draft minutes of a meeting of the Governance and Audit Committee would be presented for approval as a correct record to the next ordinary meeting of the Governance and Audit Committee.
The Monitoring Officer has determined that the draft minutes of ALL meetings are presented to the Full Council for approval as a correct record.
Merthyr Council is the only Council in Wales to follow this practice of bad governance.
The Monitoring Officer’s explanation for following this process is that it is not done, as such, to approve the minutes as a correct record, but to ensure that the minutes are entered onto the Council’s Formal Record.
This explanation is nonsense.
The Constitution stipulates that the Council’s Formal Records ARE the Agendas, Report Packs and minutes of all meetings.
There is nothing, therefore, in the Constitution that requires a resolution of the Full Council to approve the draft minutes of ANY meetings to be entered into the Council’s Formal Record.
So, that’s the true story.
The details behind the story
The rest of this post gives all the details behind the story above.
Hyperlink to Guide to Merthyr Council ‘s Constitution (Feb 23)
Click to access guide-to-constitution.pdf
Hyperlink to Constitution (Feb 23)
Click to access constitution-feb-2023.pdf
Hyperlink to Meeting of Full Council held on 11th January 2023
https://democracy.merthyr.gov.uk/ieListDocuments.aspx?CId=159&MId=4815&Ver=4&LLL=0
Screenshots of Report to Full Council on 11th January 2023 on the New Constitution
https://democracy.merthyr.gov.uk/mgAi.aspx?ID=42994#mgDocuments&LLL=0
Question regarding Point 3.5
3.5 In 2013 the Welsh Local Government Association (WLGA) produced a new model constitution to revise and update the model from 2000. Despite the fact that many Welsh Councils replaced their original constitution with this new version, the Council decided to retain its original constitution.
Why did the Council decide to retain its original constitution?
The new Constitution
The New Constitution and the Full Council. Good News from the Councillors. Not so good news for the Monitoring Officer. Part 1.
MERTHYR COUNCIL CONSTITUTION. MONITORING OFFICER’S CON.
Merthyr Council Cover-up 