Agenda and minutes

RESOLVED:

That the notes of the last meeting of the Panel, held on 14 September 2009, be agreed.

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

There were no substitute members at the meeting.

(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.

(i)         Pursuant to the Council’s Code of Member Conduct, Councillor J Knapman declared personal interest in the following item of the agenda by virtue of having been a Chairman of Council. The Councillor had determined that his interest was not prejudicial and would stay in the meeting for the consideration of the item:

• Item 7 Civic Events – Chairman of Council’s Guidelines

(ii)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs P Smith declared a personal interest in the following item of the agenda by virtue of being the current Chairman of Council. The Councillor had determined that her interest was not prejudicial and would stay in the meeting for the consideration of the item:

• Item 7 Civic Events – Chairman of Council’s Guidelines

(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.

The Panel were advised of the following update regarding the Work Programme:

• Item 4 Member Training Review was put back to January 2010. There was an opportunity of external funding for training with seconded staffing support, it was felt better to conduct a more thorough review of training when this funding was agreed and further consultation conducted with councillors.

RESOLVED:

            That the changes in the Work Programme be agreed.

Recommendation:

To consider research carried out by members of the Panel on websites of other local authorities.

At the last meeting of the Panel, members agreed to research and feedback on the scrutiny aspects of other councils via their websites. Officers had provided each panel member with a proforma to fill in and two local authority websites each. Below is the list of councils and the members allocated to them:

Councillor Mrs P Brooks                     Maidstone Borough Council

                                                            Essex County Council

Councillor Mrs J Hedges                     Bedford Borough Council

                                                            Thurrock Council

Councillor J Markham                         Suffolk County Council

                                                            Basildon District Council

Councillor J Markham                         Cardiff City Council

                                                            Thurrock Council

Councillor Mrs M McEwen                  Birmingham City Council

                                                            Braintree District Council

Councillor G Mohindra                        Maidstone Borough Council

                                                            Essex County Council

Councillor R Morgan                           Essex County Council

                                                            Redbridge Borough Council

Councillor J Phillip                               Birmingham City Council

                                                            Suffolk County Council

Councillor Mrs M Sartin                       Cardiff City Council

                                                            Thurrock Council

Councillor D Stallan                            Redbridge Borough Council

                                                            Basildon District Council

Councillor Mrs J Whitehouse              Suffolk County

                                                            Braintree District Council

The returns received from members are attached.

Each Panel member had been provided with two local authority websites and a proforma and were tasked with evaluating the scrutiny sections of the websites. From this the members made the following suggestions for improvement:

• Scrutiny needed more publicity;

• Scrutiny reports needed to be more digestable for public consumption;

• Introducing an opportunity for the public to ask questions, to Cabinet and Council meetings;

• Ways of obtaining public suggestions of issues for scrutiny;

• Direct scrutiny of the Cabinet;

• Encouragement of more public involvement in Overview and Scrutiny;

• Public speaking at Standing Panels; and

• Electronic feedback facility for guests/witnesses at meetings

Members were interested in any relationship between scrutiny topics and FOI requests this would determine whether FOI requests could be used to help the annual scrutiny programme. Officers confirmed that a new database was being installed shortly for collating all FOI requests and from this it was possible to evaluate any such relationships which emerged.

RESOLVED:

That a full report on the Overview and Scrutiny Review be submitted to the Overview and Scrutiny Committee in December 2009 with draft to all Panel members.

The District Council’s website was being re-designed which provided an opportunity for wider explanations of scrutiny. The annual report needed heavy editing. A public suggestions facility on the website would need an amendment to the Council’s constitution.

(Senior Democratic Services Officer). To consider a report on guidelines for civic events.

The Panel received a report and draft guidelines from Mr S Hill, Senior Democratic Services Officer, regarding the Chairman’s Guidance on Civic Events. At the meeting of the Panel in April 2009 concern had been raised that comments at the Chairman’s Civic Awards Ceremony had been construed as a criticism of another local council. Members had requested that guidance was established setting out the Chairman’s responsibilities for events which would be inserted into the current guidance document provided to the Chairman at the start of each year.

RECOMMENDATION:

That the Proposed Guidance to the Chairman of Council in relation to Civic Events be endorsed.

(Assistant to the Chief Executive). Report to follow.

The Assistant to the Chief Executive, Mr I Willett, presented a report to the Panel regarding Financial Regulations – Annual Review 2009/10.

Each year a cross directorate working party of officers carried out a review of Financial Regulations, Contract Standing Orders and officer delegation ensuring that these documents were updated and reflected statutory requirements.

External Funding

The proposed change to external funding related to “Responsibilities of Chief Officers.” Currently Chief Officers complied with the external funding strategy including obtaining and acting upon advice on legal or financial aspects of external funding applications from the Solicitor to the Council and the Chief Finance Officer.

Comparison work with other Councils had shown that all external funding applications should be signed by the Chief Finance Officer before being submitted. This had not been included in EFDC’s Financial Regulations, but it was felt best to implement this change. Other proposed changes were reflect changes in job titles and minor wording improvement.

RECOMMENDATIONS:

(1)               That the amendments to Financial Regulations relating to external funding applications (as set out in part B of the Appendix to these notes) be approved; and

(2)        That the adoption of those minor changes as set out in Appendix 2 to these notes be approved

(Senior Democratic Services Officer). S Hill to give a demonstration of E-Call-In system.

The Senior Democratic Services Officer, Mr S Hill, gave a presentation to the Panel regarding the E-Call-In system.

The current call-in system for decisions made by the Cabinet or by individual Portfolio Holders required that three members of the Overview and Scrutiny Committee or five members of the Council could call-in a decision.

The identity of the Councillors making the call-in can be validated with the VPN token. However officers would check identities as a matter of course.

RECOMMENDED:

That the Electronic Call-In System be activated from April 2010 and any changes to the Constitution be approved by the Council.

The next programmed meeting of the Panel will be held on 11 January 2010 at 7.30 in Committee Room 1 and then on:

22 March 2010

The next meeting of the Panel was scheduled for 11 January 2010.

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

It was noted that the following reports were being put before the December 2009 meeting of the Cabinet:

(1)        Overview and Scrutiny Review; and

(2)        Financial Regulations