Agenda and minutes

Constitution and Members Services Scrutiny Panel - Monday 14th September 2009 7.30 pm

Venue: Committee Room 1

Contact: I Willett - The Office of the Chief Executive  Tel: 01992 564243 Email:  iwillett@eppingforestdc.gov.uk

Items
No. Item

10.

Notes of the last meeting pdf icon PDF 26 KB

The notes of the last meeting of the Panel held on 29 June 2009 are attached.

Minutes:

RESOLVED:

 

That the notes of the last meeting of the Panel, held on 29 June 2009, be agreed.

11.

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:

There were no substitute members at the meeting.

12.

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.

13.

Terms of Reference / Work Programme pdf icon PDF 7 KB

(Chairman/Lead Officer) The Overview and Scrutiny Committee has agreed the Terms of Reference of this Panel and associated Work Programme. This is attached. The Panel are asked at each meeting to review both documents.

 

The OSC is about to formulate next years OS work plan incorporating a programme for this Panel. In view of this, the Panel may wish to bring forward suggestions/ideas on topics for inclusion in its work programme for next year.

Additional documents:

Minutes:

The Panel was advised of the following updates regarding the Work Programme:

 

Item 3 – Planning Applications – Comments by Parish Councils, had been moved to the Planning Services Scrutiny Standing Panel at the request of the Panel’s Chairman. This would include the request made for Planning Officers to monitor single storey rear extensions.

 

Item 4 – Member Training Review. The Panel were advised that some courses on the training programme had been moved or cancelled. The Council had been approached by IDeA which was funding training for the East of England Assembly and it was possible for the District Council to receive funding and staffing for member training. They can undertake a self assessment of the authority. Mr I Willett, Assistant to the Chief Executive, said he would speak to Group Leaders regarding training. I Willett advised that the training programme needed a re-vamp, changing its overall framework and linking it to the individual development needs of members and the corporate objectives of the Council.

14.

Overview and Scrutiny Review pdf icon PDF 37 KB

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

Minutes:

The Panel received a report from Mr S Hill, Senior Democratic Services Officer, regarding the Overview and Scrutiny Review.

 

This final part of the review was for members to research and feedback on other councils. At the previous meeting of the Panel, members had asked officers to provide a list of local authorities which provided different methods of operating scrutiny arrangements and communicating with the public.

 

The Panel were advised that there was no model for scrutiny, local operation varied to meet local circumstances and issues. However there seemed to be a preference for the central management committee with a number of panels or Task and Finish Groups. Some authorities appointed “Commissions” which fulfilled the same function.

 

The Centre for Public Scrutiny had recently announced the winners of good scrutiny awards which was a national competition. Officers had included links to some of the sites on the shortlist where they appeared to provide different styles of scrutiny project success. The list also provided links to local authorities and included different methods of engagement and publicity.

 

Officers suggested that each member of the Panel examine two websites, 1 a large council, for example a county or city council, and the other a comparatively smaller council, like a town council. Officers were tasked with providing each member with the 2 websites and proforma as well to assist their evaluation.

 

RESOLVED:

 

That officers circulate a proforma and 2 local authority websites per member.

15.

Audit Review - External Organisations and Partnerships pdf icon PDF 15 KB

Recommendations:

 

(1)            To note the findings of an Internal Audit report on the protocol for external partnerships;

 

(2)            To note action being taken to comply with these recommendations; and

 

(3)            To consider any other matters which should be examined in relation to  the protocol.

 

1. (Assistant to the Chief Executive)  A summary of an internal audit report about partnership working by the Council is attached as Appendix 1. The report has been accepted by the Audit & Governance Committee and the recommendations of the audit report are being implemented.  Appendix 2 sets out the protocol as currently published in the Constitution.

 

2. The Protocol has previously been reviewed by this Panel and this may be an opportunity for members to indicate whether there are any other matters they wish to investigate.

Additional documents:

Minutes:

The Assistant to the Chief Executive, Mr I Willett, presented a summary of an internal audit report about partnership working by the Council and the protocol currently included in the Constitution.

 

Member’s attention was drawn to Item 12 of the Protocol on Partnerships and Other External Organisations, Effect of the Code of Conduct – Elected Members. The Council’s Code of Conduct stated that a Councillor had a personal interest in any business of the Authority where it related to or was likely to affect any external body to which they were appointed or nominated by the council as its representative. However, the interest need only be disclosed at a meeting if the councillor spoke on the matter concerned.

 

I Willett went on to advise that outside bodies sometimes made decisions which were not covered by the Council’s insurance. The outside body must have indemnity insurance. However the District Council was satisfied that all current trusts working with the Council have indemnity insurance.

 

RECOMMENDATIONS:

 

(1)        That the findings of an Internal Audit report on the protocol for external partnerships be noted;

 

(2)               That the action being taken to comply with these recommendations be noted; and

 

(3)        That an update on the management of relationships with external partnerships be provided to future meetings.

16.

Local Democracy - Review of Petitions Procedure & Electronic System

(Senior Democratic Services Officer). To receice an oral report on the current position.

Minutes:

The Senior Democratic Services Officer, Mr S Hill, updated the Panel on the situation regarding the Review of Petitions Procedure and Electronic Systems. The legislation was proceeding going through Parliament and was expected to come into force in April 2010. S Hill advised that at a recent workshop he had attended, he had been informed that the changes to scrutiny rules were quite complex, with scrutiny being used to arbitrate as a last resort. Officers would bring back to the Panel the draft procedures some time early in the new year. Members requested that electronic call-ins should be put on the Panel’s Work Programme.

 

RESOLVED:

 

That the possibility of introducing electronic Call-Ins be added to the Panel’s Work Programme and report submitted to a future meeting.

17.

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:

The Panel were advised that there were no formal reports going from the Panel to the next Overview and Scrutiny Committee. However there would be two verbal reports from the Panel’s Chairman concerning Protocol for Outside Bodies and notice of an extra item for the Panel’s Work Programme.

18.

Future Meetings

The next programmed meeting of the Panel will be held on 2 November 2009 at 7.30p.m. in Committee Room 1 and then on:

 

11 January 2010; and

22 March 2010

Minutes:

The next programmed meeting of the Panel was being held on 2 November 2009 at 7.30p.m. in Committee Room 1 and then on:

 

11 January 2010; and

22 March 2010.