Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chief Executive will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

The Assistant to the Chief Executive reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

The Council is invited to stand for a minute’s silence in tribute to the memory of former District Councillor John Pledge who died recently.

John Pledge was a District Councillor for 26 years representing the Stanford Rivers, Stapleford Tawney, Theydon Mount and Theydon Garnon Ward from 1974 -1979 and the Passingford Ward from 1979 - 2000. He was Chairman of the Council in 1982/83. John Pledge was also a member of the former Epping and Ongar Rural District Council for 10 years.

It was with much sadness that the Chairman informed the Council of the death of former District Councillor John Pledge.

Members were informed that John Pledge had been a District Councillor for 26 years representing the Stanford Rivers, Stapleford Tawney, Theydon Mount and Theydon Garnon Ward from 1974-1979 and the Passingford Ward from 1979-2000.  He had been Chairman of the Council in 1982/83.  He had also been a member of the former Epping and Ongar Rural District Council for 10 years.

The Chairman advised the Council that he had attended John Pledge’s memorial service on behalf of the District Council.

Councillors D Collins, S Murray, A Watts, D Jacobs and Mr I Willett, Assistant to the Chief Executive, paid tribute to the memory of John Pledge.

The Council stood for a minute’s silence in tribute to the memory of former District Councillor John Pledge.

To approve as a correct record and sign the minutes of the meeting held on 28 June 2011(attached).

            RESOLVED:

            That the minutes of the Council meeting held on 28 June 2011 be taken as read and signed by the Chairman as a correct record.

(Chief Executive) To declare interests in any item on the agenda.

(a)       Pursuant to the Council’s Staff Code of Conduct, Mr D Macnab, Acting Chief Executive declared a personal interest in agenda item 20 (Report of the Audit and Governance Committee – Former Chief Executive – Contract of Employment) by virtue of having provided the external auditor with information for his report.

(b)       Pursuant to the Council’s Staff Code of Conduct, Miss C O’Boyle, Director of Corporate Support Services declared a personal interest in agenda item 20 (Report of the Audit and Governance Committee – Former Chief Executive – Contract of Employment) by virtue of having provided the external auditor with information for his report.

(c)        Pursuant to the Council’s Staff Code of Conduct, Mr D Macnab, Acting Chief Executive declared a personal interest in agenda item 15 (Report of the Committee for the Appointment of a Chief Executive) by virtue of the references to him in that report.  He advised that he had determined that his interest was prejudicial and that he would leave the meeting for the consideration and voting on the matter.

(a)       Apologies for Absence

(b)       Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(c)     Telecare Services Association Accreditation – Epping Forest Careline

The Council’s Careline Centre was opened in June 1994 and is based at Parsonage Court, Loughton.  The Careline Service offers a twenty-four hour, 365 days per year, emergency alarm service to older and disabled people living within the District. The Service is also offered to other vulnerable groups including victims of domestic violence and younger people with disabilities.

Users of the service are connected via the telephone network. The Council’s own sheltered housing schemes and other designated dwellings for older people on housing estates have a hard-wired system installed in their properties with a speech module mounted on the wall and a pull cord in each of the rooms. In addition, 1,250 private sector users are connected to Careline via a dispersed alarm, and pay a small annual rental which brings income to the Housing Revenue Account.  A total of 2,500 properties, representing approximately 3,000 people, are linked into the service.

Following a rigorous audit process undertaken by an external Assessor, Epping Forest Careline has been awarded the coveted Telecare Services Association’s Accreditation, being a Quality Award for services provided in the emergency alarm industry.

The independent external assessor’s overall conclusion was:

“Epping Forest Careline provides a quality service and has a structured document control system in place”.

The accreditation lasts for three years; interim annual inspections are required to ensure the service is meeting with TSA’s Key Performance Indicators.  A full audit is undertaken every three years to establish that the Code of Practice Standards are continuing to be met.

The Chairman of Council will present the TSA Certificate to Councillor McEwen, Housing Portfolio Holder, Denise Pegler, Housing Manager (Older People’s Services) and Jackie Ratcliffe Assistant Housing Manager (Older People’s Services).

(a)       Announcements by the Chairman of the Council

(i)         Work of Art

The Chairman showed the Council the photographic design work provided by Epping Forest College which would be displayed in the Chairman’s Office for the duration of the municipal year 2011/12.

(ii)        Attendance at Events

The Chairman advised that the Members’ and Officers’ Golf Day on 19 July had been a great success and had raised over £700 for his charity.  He thanked members and officers for their support for this event.

The Chairman announced that a provisional booking had been made for 6 October 2011 for the White Water Rafting Challenge at the London Olympics 2012 venue.  He stated that so far 16 members and officers had volunteered to participate and there was still 2 places available.  He encouraged members to volunteer, particularly those representing Waltham Abbey wards which were closest to the venue.  He reminded members that the sponsorship raised from this event would be for his charity.

The Chairman advised the Council that he had greatly enjoyed attending primary schools to present certificates on behalf of the West Essex Partnership.  He praised the initiative and referred to the tremendous welcome he had received from the children at all of the schools he had attended.

The Council noted that the Chairman had opened the Bobbingworth Nature Reserve on 15 July together with the Environment Portfolio Holder.  The Chairman encouraged members to visit this landfill site which had been transformed into a nature park for the enjoyment of local people and the enhancement of the environment.

The Chairman advised that he had been privileged to start the Race for Life in aid of Cancer Research at North Weald Airfield which had attracted approximately 2,500 runners and an overall attendance of approximately 5,000.

The Chairman referred to the recent sad events in Norway and reminded members of the close relationships between this Council and Norway since the use of North Weald Airfield as a World War Two Airfield.  The Chairman read a letter of condolence which he had sent to the Norwegian Ambassador.

Councillor Grigg, immediate past Chairman of the Council, advised that she had also sent a letter to the Norwegian Ambassador and copied it to the Mayor of Bodo.

(iii)       Floral Display

The Chairman announced that he intended to send the flowers from tonight’s meeting to Rosemary Padfield, daughter of the late John Pledge.

(b)       Announcements by the Leader of Council

The Leader advised that she had no announcements to make under this heading.

(c)       Announcements by Portfolio Holders

The meeting noted that there were no announcements to be made under this heading.

(d)      Telecare Services Accreditation – Epping Forest Careline

The Chairman reported that the Council’s Careline Centre based at Parsonage Court, Loughton offered a twenty-four hour, 365 day per year, emergency alarm service to older and disabled people living within the District. The service was also  offered to other vulnerable groups including victims of domestic violence and younger people with  ...  view the full minutes text for item 42.

To answer questions asked after notice in accordance with the provisions contained in paragraph 9.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)           to the Leader of the Council;

(b)           to the Chairman of the Overview and Scrutiny Committee; or

(c)          to any Portfolio Holder.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

The Council noted that there were no public questions for this meeting.

To receive reports from the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet on matters falling within their area of responsibility:

(a)                     Report of the Leader and Legal Portfolio Holder;

(b)                     Report of the Chairman of the Overview and Scrutiny Committee;

(c)                     Report of Environment Portfolio Holder;

(d)           Report of Finance and Economic Development Portfolio Holder;

(e)                     Report of Housing Portfolio Holder;

(f)                       Report of Leisure and Wellbeing Portfolio Holder;

(g)           Report of Planning and Technology Portfolio Holder;

(h)           Report of the Safer, Greener and Highways Portfolio Holder;

(i)            Report of Support Services Portfolio Holder.

The Council received written reports from the Leader and Legal Portfolio Holder, the Chairman of the Overview and Scrutiny Committee, the Environment Portfolio Holder, the Finance and Economic Development Portfolio Holder, the Housing Portfolio Holder, the Leisure and Wellbeing Portfolio Holder, the Planning and Technology Portfolio Holder, the Safer and Greener Portfolio Holder, and the Support Services Portfolio Holder.

The Chairman invited the Leader, the Chairman of the Overview and Scrutiny Committee and Portfolio Holders to give  oral updates of their written reports.

(a)        Leader and Legal Portfolio Holder

The Leader advised that she had attended a Board meeting of the Local Enterprise Partnership covering East Sussex, Essex, Kent, Medway, Southend and Thurrock which had agreed to adopt South East Local Enterprise Partnership as its working title.  She advised that this would be underpinned by a mission statement to create the most enterprising economy in England.  The Leader advised that she had volunteered to join a sub-group on broadband.  She also advised that the LEP had recognised that it had not made as much progress as some other LEPs but was now considering substantive matters rather than working procedures. She stated that the Board had accepted that it would be best to have a private sector chairman.

The Leader also reported that she had attended a meeting of the North London Strategic Alliance.  At that meeting the Redbridge London Borough Council representative had expressed concern about an increase in hardship in its borough evidenced by increased benefit claims and food bank client numbers.  The Council noted that this meeting had been advised of a greater interest in apprenticeships by businesses and one large organisation initially offering four apprenticeships had increased that number to 100 places.

The Leader advised that she had attended a meeting together with the Acting Chief Executive of Essex Leaders and Chief Executives.  Reference had been made to the County Council consultation on an Essex-wide vision for Essex Works to which the District Council would be responding.  The meeting had also been advised of a proposed annual contract in excess of £80 million for older people in residential homes including those previously accommodated by Southern Cross.  The Leader advised that a preferred supplier ranked list would be produced with quality being a key factor.  The Council noted that the meeting had also referred to the responses being prepared by all councils regarding the proposed reform of business rates.  The meeting had been advised that a £1 million fund had been agreed to implement a prototype to tackle families with complex needs.

The Leader advised that she had attended a meeting with the Federation of Small Businesses which had expressed a desire to work with the Council in order to promote local retailers.  The Leader reported that there had been an increase in Federation membership of 21% from businesses within the Epping Forest District compared with a minus trend nationally.

(b)       Finance and Economic Development Portfolio Holder

Councillor Mohindra reported that the Department for Communities and Local Government  ...  view the full minutes text for item 44.

Council Procedure Rule 10.6 provides for questions by any member of the Council to the Leader, Chairman of the Overview and Scrutiny Committee or any Portfolio Holder, without notice on:

(i)   reports under item 7 above; or

(ii)  any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

Council Procedure Rule 10.7 provides that answers to questions without notice may take the form of:

(a)     direct oral answer from the Leader or, at the request of the Leader, from another member of the Cabinet;

(b)     direct oral answer from the Chairman of the Overview and Scrutiny Committee or, at their request, from another member dealing with that issue as part of an Overview and Scrutiny review;

(c)     where the desired information is in a publication of the Council or other published work, a reference to that publication;

(d)     where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(e)     where the question relates to an operational matter, the Leader, Chairman of the Overview and Scrutiny Committee  or a member of the Cabinet will request that a response be given direct to the questioner by the relevant Chief Officer.

In accordance with the Council Procedure Rule 10.8, a time limit of twenty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. The Chairman may extend this period by up to a further 10 minutes to ensure that all political groups and independent members may have their questions answered.

(i)         Changing the Structure of Policing in Essex

Councillor Murray asked the Safer and Greener Portfolio Holder what would be the effect on this district of recurring revenue savings for Essex Police of approximately £41 million per year by 2014/15 including a loss of 388 Police Officer posts and over 100 Police Community Support Officer posts across the County bearing in mind that research suggested such reductions would result in an increase in crime.

Councillor Smith, Safer and Greener Portfolio Holder, stated that the combination of cuts in grant and other financial pressures necessitating the revenue savings of £41 million by 2014 were regrettable.  She continued that whilst she did not have details of the operational impact of the changes on this district, it was clear the Police would have to adjust to a different way of working.  She drew attention to the detail contained in the foreword written by the Chief Constable to the consultation document which included an aim to make communities even safer and she said she expected that the Police would continue to maintain a good service for the district.

(ii)        Waste Management Partnership Board

Councillor Stallan asked a question in relation to the Environment Portfolio.  He stated that he had attended the Safer, Cleaner, Greener Scrutiny Standing Panel meeting on 7 July 2011 and had asked two questions in relation to the minutes of Waste Management Partnership Board meetings.  He advised that he had not yet received responses and sought an undertaking to provide such answers.

In the absence of the Environment Portfolio Holder, the Leader undertook to arrange for replies to be sent to Councillor Stallan.

(iii)       North Essex Parking Partnership

Councillor Jacobs asked the Safer and Greener Portfolio Holder if surpluses acquired by the Council in relation to its car parking arrangements would be kept and spent within the district and not be transferred to the North Essex Parking Partnership.

Councillor Smith, Safer and Greener Portfolio Holder, advised that it was her understanding the surpluses would be retained and spent within the district but she would check this point with officers and if the position was any different she would advise Councillor Jacobs accordingly.

(iv)      Sustainability

Councillor Markham asked the Safer and Greener Portfolio Holder when the results of the investigations referred to in paragraphs 7 (suitability of the Council’s commercial waste to Sita’s waste separation/recycling process) and 8 (Council’s energy and fuel use for the past three years) would be available.

Councillor Smith, Safer and Greener Portfolio Holder, stated that work was ongoing and that she would ensure the results were made available to members as soon as possible either via the Safer, Cleaner, Greener Scrutiny Panel or the Council Bulletin.

(v)       Epping New Road – Speed Limits

Councillor Spencer asked the Safer and Greener Portfolio Holder if the proposals to introduce speed limits on the Epping New Road would be accompanied by the installation of speed cameras.

Councillor Smith, Safer and Greener Portfolio Holder, advised that she was  ...  view the full minutes text for item 45.

To consider any motions, notice of which has been given under Council Procedure Rule 11.

Motions, if any, will follow if not received in time to be incorporated into the agenda.

The Council was advised that there were no motions for consideration at this meeting.

To answer questions asked after notice in accordance with the provisions contained in paragraph 10.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)               to the Chairman of the Council;

(b)               to the Leader of the Council;

(c)               to the Chairman of the Overview and Scrutiny Committee or

(d)               to any Member of the Cabinet;.

Council Procedure rule 10.4 provides that answers to questions under notice may take the form of:

(a)       direct oral answer;

(b)       where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c)       where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

There were no questions by members of the Council under notice in respect of this item.

To consider the attached report.

Mover:  Councillor Mohindra – Finance and Economic Development Portfolio Holder.

Councillor Mohindra submitted a report advising that following the Government announcement to proceed with the Housing Self Financing through the Localism Bill it had been necessary to amend the Council’s Treasury Management Strategy and Prudential Indicators.

Amendment moved by Councillor Collins and seconded by Councillor Stavrou

“(1)      That quarterly reports be made to the Finance and Performance Management Scrutiny Panel to enable them to review the Strategy on a regular basis; and

(2)        That advice be sought from Arlingclose, the Council’s treasury advisers, that the amended strategy is the right way to move forward and that giving up the Council’s debt-free status is necessary”.

                                                                                                                        Lost

By leave of the Council, Councillor Mohindra advised that he would be prepared to arrange for quarterly reports to be made to the Finance and Performance Scrutiny Panel if the Council thought this necessary.  The Council agreed that such reports should be made.

            RESOLVED:

            (1)        That the amended 2011/12 Treasury Management Strategy Statement and Annual Investment Strategy 2011/12 to 2013/14 including amended Treasury Management Prudential Indicators as attached to the report of the Cabinet be approved; and

            (2)        That quarterly reports be made to the Finance and Performance Management Scrutiny Panel to enable them to review the Strategy on a regular basis.

(Leader) To consider a report of the Cabinet. The Chairman has agreed to this item being considered at this meeting.

Mover:  Councillor Mohindra, Finance and Economic Development Portfolio Holder

Councillor Mohindra submitted a report seeking a supplementary Housing Revenue Account revenue estimate to cover additional consultancy and treasury management advice and the initial cost of obtaining a credit rating.

Report as first moved ADOPTED

            RESOLVED:

            That a supplementary Housing Revenue Account revenue estimate in the sum of £50,000 be approved for 2011/12 to cover additional consultancy and treasury management advice in relation to the introduction of self-financing for the Housing Revenue Account and the initial cost of obtaining a credit rating.

(Leader) To consider a report of the Cabinet. The Chairman has agreed to this item being considered at this meeting.

Mover:  Councillor Wyatt, Support Services Portfolio Holder

Councillor Wyatt submitted a report seeking a supplementary capital estimate for the purchase of a new vehicle lift and ancillary equipment to enable additional MOT vehicle testing to be undertaken.

Report as first moved ADOPTED

            RESOLVED:

            That a supplementary capital estimate in the sum of £24,000 be approved for 2011/12 for the purchase of a new vehicle lift and ancillary equipment to increase capacity for undertaking MOT tests.

Report attached.

Mover:  Councillor Bassett, Chairman of the Committee

Councillor Bassett submitted a report proposing changes to the arrangements for notifying member substitutes at committees.  He advised that since the report had been written the officers had established that it would be possible for the Council’s Committee Management System to indicate the substitution deadline on the appropriate agenda.  Accordingly, with the leave of the Council, recommendation (3) of the Committee could be altered to reflect that fact.

Report as amended ADOPTED

            RESOLVED:

            (1)        That Procedural Standing Order 14(4)(i) and (ii) be amended as follows:

            (a)        to permit a Leader, Deputy Leader or other appointed member of a political group to notify the Assistant to the Chief Executive of any substitute members to attend a meeting;

            (b)        to require that any political group member so appointed be notified to the Assistant to the Chief Executive at the beginning of each Council year;

            (c)        to amend the deadline for notifying substitutes from “not later than 10 am” to “not later than 60 minutes before the commencement of the meeting concerned”;

            (2)        That these alterations be published in the Constitution;

            (3)        That the substitution notification deadline be included on every agenda where this is permitted under the Constitution; and

            (4)        That this process be reviewed after one year.

Report attached.

Mover:  Councillor Bassett, Chairman of the Committee

Councillor Bassett submitted a report proposing revisions to the terms of reference of the Complaints Panel.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That revisions to the limits of jurisdiction of the Complaints Panel be approved; and

            (2)        That Annex 1 (Section 1) to the terms of reference of the Complaints Panel be amended as set out in paragraph 3 of the report of the Committee and be published in the Constitution.

To consider the attached report.

Mover:  Councillor Bassett, Vice Chairman of the Committee

Councillor Bassett submitted a report following consideration of a revised policy document dealing with the highway and transport aspects of new development which had recently been adopted by Essex County Council as County Council supplementary guidance.

Report as first moved ADOPTED

            RESOLVED:

            That the Development Management Policies attached to the report of the Committee be adopted as supplementary guidance.

To consider the attached report.

Mover:  Councillor J M Whitehouse, Chairman of the Committee

Councillor Whitehouse submitted a report on the work of the Committee and on the current position regarding the contract of the Acting Chief Executive.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the contract of the Acting Chief Executive be extended by a period of 12 months from the end of his current contract extension (ie until 31 August 2012);

            (2)        That the terms and conditions of this contract remain as previously agreed by the Council subject to the condition regarding an earlier date for termination being amended to read:

            “… subject to this appointment being terminated at an earlier date if it proves possible to appoint a Chief Executive or the Council decides to pursue alternative arrangements for a Chief Executive”;

            (3)        That the following work now being undertaken by the Committee be noted:

            (a)        researching the procurement of advisers to assist the Committee in any recruitment process;

            (b)        further review of the job description, person specification, remuneration and recruitment process;

            (c)        further review of joint management and any alternative arrangements;

            (d)        a provisional timetable for achieving the appointment of a Chief Executive by 31 August 2012;

            (4)        That the Council notes that no further resources will be committed to any of the steps set out in (3) above, pending consideration by the Council of the Ernst and Young report on value for money and service efficiencies, which is provisionally due to be submitted to the Council meeting on 1 November 2011; and

            (5)        That paragraph (d) of the Committee’s terms of reference be amended to refer to the new deadline of 31 August 2012.

Recommendations:

(1)               To note the current position in respect of Councillor S. Murray’s membership of the Roding Valley Meadows Management Committee and Working Group; and

(2)               To note that the Council’s representative on the Working Group will be an officer.

Report;

1.                   At the Annual Council meeting, Councillor S. Murray was elected to the newly constituted Roding Valley Meadows Local Nature Reserve Trust as a member of the management committee and of its working group.

2.                   Since the annual meeting, the terms of the Trust’s constitution have been checked and it is clear that the Working Group is to comprise front line staff who are working directly in the Reserve. The Trust Deed states in its definitions that

“Representatives of the Working Group" will mean officers of the Council, members of Grange Farm or staff from the Trust that have an operational responsibility or operational impact on the Reserve.”

and that the Working group must submit reports to the Management Committee as and when necessary. An arrangement where Councillor Murray serves on both bodies would not appear to meet this definition.

3.                  This matter has been discussed with Councillor Murray who has accepted the position. He will continue to serve on the Management Committee and the Council is asked to note that the representative on the Working  Group will be an appropriate officer.

Members were informed that at the Annual Council meeting, Councillor Murray had been appointed to the newly constituted Roding Valley Meadows Local Nature Reserve Trust as a member of the Management Committee and of its Working Group.  However, since the Annual Meeting, the terms of the Trust’s constitution had been checked and it had become clear that the Working Group was to comprise frontline staff who were working directly in the Reserve.  The Council noted that the matter had been discussed with Councillor Murray who had accepted that it would be inappropriate for him to continue as a representative on the Working Group.

            RESOLVED:

            (1)        That the current position in respect of Councillor Murray’s membership of the Roding Valley Meadows Management Committee and Working Group be noted and that Councillor Murray continue to be the Council’s representative on the Management Committee; and

            (2)        That the Council’s representative on the Working Group be an officer.

To consider the attached report.

Mover:  Councillor Watts, Chairman of the Committee

Councillor Watts submitted a report proposing a policy to ensure that due diligence procedures were applied, taking a proportionate and risk-based approach to mitigate the risk of bribery.  Councillor Watts emphasised that following adoption of the policy all members and employees would be made aware of their responsibilities to adhere strictly to the policy at all times and that training would be included within the Finance training currently given.  In addition, consideration would be given to the development of an e-learning module as resources allowed.

By leave of the Council, Councillor Watts included a further recommendation proposing that the policy be reviewed as and when necessary and in any event on a regular basis by the Audit and Governance Committee.

Report as amended ADOPTED

            RESOLVED:

            (1)        That the policy attached to the report of the Committee be approved and implemented; and

            (2)        That the policy be reviewed as and when necessary and in event on a regular basis by the Audit and Governance Committee.

To receive any reports, ask questions and receive answers on the business of joint arrangements and external organisations.

There were no reports on the business of joint arrangements and external organisations under this item.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

            That, in accordance with Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda Item                       Subject                                Exempt Information

No.                                                                                          Paragraph No.

20                    Report of the Audit and Governance        1, 2 and 3

                                    Committee – Former Chief Executive

                                    – Contract of Employment

To consider a restricted report.

Pursuant to the Council’s Staff Code of Conduct, Mr I Willett, Assistant to the Chief Executive declared a personal interest in this item by virtue of having provided the external auditor with information for his report.  He advised that he had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration and voting on the matter.

Mover:  Councillor Watts, Chairman of the Committee

Councillor Watts submitted a report of the Committee following consideration of a report from the Council’s external auditor, PKF which had been commissioned for a review of the legal basis of the contract of employment of the former Chief Executive.  Councillor Watts advised the Council that the Committee was asking the Council to consider the conclusions set out in the report from the Council’s external auditor, to agree that procedures be put in place to prevent a re-occurrence of this situation and to agree that a report should be made to a future meeting of the Committee advising that the necessary procedures had been put in place.

First amendment moved by Councillor Watts and seconded by Councillor Wagland

“That recommendation (3) of the Committee (report to a future committee meeting) be amended to read:-

“That a report be made to a future Audit and Governance Committee as to the procedures which have been or are proposed to be put in place”.

Carried

By leave of the Council Councillor Wagland amended further as follows an amendment, notice of which she had given in the papers circulated as part of the Council agenda:

(i)         renumbering (2) to (3) in the last paragraph;

(ii)        adding the following words as (4):

“(4)      Refers to the Overview and Scrutiny Committee the detail of procedure for reporting such complex and sensitive contracts to Councillors and the procedure to be followed in the event that the Council is considering entering into such contracts”.

Second amendment moved by Councillor Wagland and seconded by Councillor Philip

“That the following additional decision be added:

“That, pursuant to recommendation (2) of the Audit and Governance Committee report, the Council:

(1)        notes the receipt from Mr Richard Bint of PKF Partners, the Council’s external auditors, of a report dated 26 May 2011 concerning his review of the granting of a fixed term employment contract to the Chief Executive in 2007;

(2)        resolves to adopt the report and respond to its findings as set out below:

(a)        on point 1 (Appropriate Legal Advice) of “lessons to be learned” on the page 5 of Mr Bint’s report:

(i)         that appropriate legal advice will be taken where necessary in respect of any such contract of employment from a lawyer familiar with the relevant legislation;

(ii)        that, in the event that such specialist knowledge is not available within the Council, appropriate external legal advice will be obtained by the Solicitor to the Council and obtained by means of the Council’s agreed procurement procedures;

(b)        on point 2 (Staff Awareness of Fixed  ...  view the full minutes text for item 59.