Agenda and minutes

Constitution and Members Services Scrutiny Panel - Tuesday 15th January 2008 7.30 pm

Venue: Committee Room 1

Contact: Zoe Folley, Research and Democratic Services  Tel: 01992 564532 Email:  zfolley@eppingforestdc.gov.uk

Items
No. Item

47.

Substitute Members (Council Minute 39 - 23.7.02)

(Assistant to the Chief Executive)  To report the appointment of any substitute members for the meeting.

Minutes:

Noted that Councillor Mrs R Gadsby was attending the meeting as a substitute for Councillor Mrs J Demetriou, Councillor K Chana was substituting for Councillor B Rolfe and Councillor H Ulkun was substituting for Councillor D Stallan.

48.

Declaration Of Interests

(Assistant to the Chief Executive). To declare interests in any items on the agenda.

 

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

 

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee which relates to a decision of or action by another Committee or Sub Committee of the Council, a Joint Committee or Joint Sub Committee in which the Council is involved and of which the Councillor is also a member.

 

Paragraph 11 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

Minutes:

No declarations of interests were made pursuant to the Member Code of Conduct.

49.

Notes of the last meeting - 11 December 2007 pdf icon PDF 17 KB

Attached.

Minutes:

Noted.

50.

Work Programme pdf icon PDF 14 KB

To consider the attached work plan for the Panel.

Minutes:

The Panel considered the following points:

 

(5)        Local Government and Public Involvement In Health Act 2007            

 

Frequency of Elections

 

It was reported that the Panels report on the above would be submitted to the next OSC on 31 January 2007 who would also be considering an amended report on the need for a three weekly cycle of the Area Plans Committees.

 

(11)      Members Training Programme

 

It was reported that items had been placed in the Council Bulletin seeking ideas for inclusion in next years Training Programme. The Panel were encouraged to bring forward ideas for the plan for consideration at their next meeting in February 2008. 

51.

Local Government and Public Involvementin Health Act 2007 - Excutive arrangements pdf icon PDF 31 KB

(Assistant to the Chief Executive). To consider the attached report.

Minutes:

The Panel considered a report on the Act relating to Executives.

 

The Panel were asked to:

 

(1)               To consider whether to recommend decisions in principle on the following aspects of the Act relating to Executives;

 

(a)               Form of Executive;

(b)               Carrying out of functions; and

(c)               Removal of leader

 

(2)        To defer consideration of the required changes to the Constitution, pending further government regulations. 

 

The Panel considered each option:

 

Form of Executive

 

(a)                     Elected Mayor and Cabinet or Leader and a Cabinet?

 

Concern was expressed about the implications of having an elected Mayor and Cabinet. Concern was expressed about the risk of this causing frequent 'conflicts of interest’ during decision making.

 

The Panel asked about the resource implications of opting for an Elected Mayor and whether it would require a separate budget? The Panel noted the need for a further discussion on this at a later date should the option be adopted.

 

Having consider the issues Agreed that a report be made to the Council recommending that the principle of an elected Mayor and Cabinet not be taken up and the option of a Leader with a Cabinet be pursued. 

 

(b)       Leader

 

Agreed that the report also draw the Councils attention to the following points:

 

(a)        need for a delegation of executive functions to be determined by the Leader or the Mayor and drawn up in written form following the appointment of the new executive;

 

(b)        further reviews of delegation of executive functions to the Cabinet, Cabinet Committees, Portfolio Holders and officers.

 

(c)        the Council to pass a resolution to adopt the Elected Mayor model, having complied with the various requirements of the Act, including the statement under 7(e) above.

 

A Member stressed the need to maximise Member involvement in the decision making process. It was felt that since the introduction of the Executive Arrangements, there had been a loss of this. There was a need to look at ways of encouraging Member from all parties to become more involved in meetings and training courses.

 

Reference was made to Three Rivers Council where Portfolio Holders regularly attended ‘Committee meetings to canvass views on decisions. A Member felt that this type of approach should be factored into any new process adopted.

 

ACTION:

 

Assistant to the Chief Executive to prepare report for submission to the Overview and Scrutiny Committee and Full Council.

52.

Reports to be made to the Next Meeting of the Overview and Scrutiny Committee

To consider which reports are ready to be submitted to the Overview and Scrutiny Committee at its next meeting.

Minutes:

Reports were due from the Panel on the frequency of Elections and the Area Plans Sub – Committees.

53.

Future Meetings

The next programmed meeting of the Panel will be held on 12 February 2008 at 7.30 in Committee Room 1 and then on:

 

28 April 2008

Minutes:

Noted that the next meeting of the Panel would be held on 28 April 2008 at 7.30 p.m in CR1. (Subsequently moved to 4 March 2008).