Agenda and minutes

Attached.

RESOLVED:

That the notes of the last meeting of the Panel held on 24 June 2010 be agreed.

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

It was reported that there were no substitute members present 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.

There were no declarations made pursuant to the Council’s Code of Member Conduct.

(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.

(1)        Terms of Reference

The Panel’s Terms of Reference were noted.

(2)        Work Programme

(a)        The Panel was advised that an extra item had been added to its Work Programme concerning the discretionary power of the Leader at Cabinet meetings to conclude all agenda business by 10.00p.m. It was agreed that this issue would be discussed at the December 2010 panel meeting.

(b)        Members asked that a report be submitted to the Panel regarding the possible Referendum on an Elected Mayor.

RESOLVED:

(1)        That a report on Referendum on an Elected Mayor be included in the Panel’s Work Programme.

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

The Panel received a report from Mr I Willett, Assistant to the Chief Executive, regarding Cancellation of Meetings in Extreme Weather Conditions.

During the severe weather earlier in the year, transport conditions had been so difficult that one or two meetings were cancelled due to safety concerns and the quorum. The procedure for cancelling meetings had two elements:

• the decision to cancel; and

• notification of interested parties

The current unwritten protocol, was that cancellation of meetings, whether due to extreme circumstances or lack of business was a matter initially referred by Democratic Services staff to the Chairman concerned. If the Chairman agreed to cancel then Democratic Services staff would:

• communicate this decision to the members of the body concerned

• place notification on the website and in the reception areas for the benefit of the public,

• cancel the accommodation and Superintendent cover

• advise any other individuals who were known to attend the meeting from the public.

The Panel were reminded of the recent introduction of the SMS Text Messaging Service, whereby an instant update could be relayed to all members who had subscribed to it.

When meetings were cancelled due to lack of business, this process was usually fairly simply achieved. However, with situations like extreme weather conditions, it often had to be carried out at the last moment.

It was advised that at least two hours was required before a meeting was due to commence, to announce its cancellation.

RECOMMENDED:

(1)        That the Constitution should provide clear procedures for the cancellation of meetings; and

(2)        That the following be added to the Council’s Procedure Rules:

“Cancellation of Meetings

The decision to cancel any meeting of the Council shall be made by the Chairman in consultation with the Chief Executive (or his representative). In circumstances where a meeting has to be cancelled for reasons which are outside the Council’s control at short notice, the decision to cancel shall be made not later than 2 hours before the commencement of the meeting on the day of the meeting and notified to all Councillors and other interested persons as soon as possible thereafter” and amend the existing Procedure Rule 24 by adding the following words:

“The requirements of Procedure Rule 5 (Cancellation of Meetings) above shall apply to the Cabinet, Committees, Panels and Sub-Committees and any other meeting convened by the Authority.”

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

The Panel received a report from Mr I Willett, Assistant to the Chief Executive, regarding Deputies to Portfolio Holders.

At the meeting of the Overview and Scrutiny Committee on 1 June 2010, a proposal from Councillor C Whitbread concerning a review of the desirability of establishing Deputies to Portfolio Holders was referred to the Panel for consideration.

Creating Deputy Portfolio Holders would give more members an insight into how the Cabinet worked, providing an experience of working more closely with officers and could spread the Executive workload.

Five specific review items were raised in the proposal which were dealt with in turn below:

(1)        Statutory restrictions on responsibilities undertaken by a Deputy Portfolio Holder

Legislation prescribed that a Leader and Cabinet Executive must consist of no less than three Councillors (including a Leader) and no more than 10 (including a Leader).

Legislation prescribed that arrangements for the carrying out of Executive functions could be delegated in the following manner:

• to the Cabinet itself;
• to members of the Cabinet individually;
• to any committees of the Executive; and
• to officers of the Council

Deputy Portfolio Holders could not be full members of the Cabinet, and therefore could not participate in its decisions either individually or collectively. However guidance issued in 2000 from the Government suggested the Executive could invite any person considered appropriate to attend its meetings and speak on behalf of an absent Executive member. However, that person would not take formal decisions. The duties and responsibilities of a Deputy Portfolio Holder would be as follows:

• Assisting the designated Cabinet member in shaping and developing the strategic priorities of the Council as it related to the allocated portfolio.

• Assisting the designated Cabinet member in monitoring performance in specified areas relating to the allocated portfolio.

• Where appropriate and where permissible under the Council’s Constitution, represent the designated Cabinet member at meetings or visits.

(2)        “Pairing” Assistants with specific Portfolio Holders

The number of appointments could be the same as the number of Cabinet members and each of the Deputies could be allocated to a specific Portfolio Holder assisting with their duties. Alternatively, a smaller number of Deputies could be appointed to act as a “pool” of Deputies for all Cabinet members.

(3)        Payment of Special Responsibility Allowances

Payments could be made to Deputy Portfolio Holders by way of a Special Responsibility Allowance. These allowances allowed the Council to determine remuneration for responsibilities which were over and above those of a Councillor, the latter being reflected in the basic allowance.

However, the Council could not make payments to Deputy Portfolio Holders because these were not currently included in the Remuneration Scheme. This option would have to be referred to the Independent Remuneration Panel and its report considered by the Council before the scheme could be amended.

(4)        Conclusion

The Panel noted that the Council could determine whether it wished to appoint Deputy Portfolio Holders. In practice, these appointments would be made at the discretion of the Leader of the Council. It was suggested  ...  view the full minutes text for item 14.

(Assistant to the Chief Executive) Report to follow.

The Panel received a report from Mr I Willett, Assistant to the Chief Executive, regarding presentations by members of the public at Cabinet meetings.

There had been occasions when requests were made by external organisations or individuals to address Cabinet meetings about items of business on the agenda. This had highlighted the fact that there was no provision within the Constitution for such representations to be made. Authority rested on the Leader of Council’s discretion as Chairman at Cabinet meetings.

The former Corporate Executive Forum (CEF) took the view that although there was no query on the arrangements made previously, it was preferable to make provision in the Constitution for these presentations to be made.

(1)        Current Arrangements – Questions by the Public at Cabinet Meetings

The Executive Procedure Rules indicated that among the business items to be transacted at a Cabinet meeting could be questions from members of the public in accordance with the Council’s agreed scheme.

(2)        Current Arrangements – Public Questions at Council Meetings

The arrangements for public questions at Council meetings was very similar to the Cabinet except that questions must be submitted in writing by midday seven days before the Council meeting. The person concerned was notified within 48 hours as to whether the question was valid. The other conditions which related to Cabinet questions also applied to Council meetings.

(3)        Representations at Area Plans Sub-Committees

At Area Plans Sub-Committees, representations were made rather than questions being asked. The procedure in this case was that a speaker must register with the Council by 4p.m. on the day before the meeting, speakers had a maximum of three minutes.

(4)        Addressing the Cabinet

The members requested that public speakers should be allowed to speak for up to 3 minutes only, but only on agenda items. It was felt that should be no more than two speakers on any one item and no more than six speakers per meeting.

RECOMMENDED:

(1)        That provision be made in the Executive Procedure Rules, in the Constitution, regulating arrangements for members of the public or other organisations to address Cabinet meetings on agenda business;

(2)        That the proposed additional clause in the Executive procedure Rules set out in the revised Appendix 1 to these notes be approved;

(3)        That these arrangements be reviewed in 12 months times; and

(4)        That similar provision be made in the overview and Scrutiny Procedure Rules as set out in the revised Appendix 2 to these notes, in order to provide for similar arrangements to operate at Overview and Scrutiny Committee meetings.

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

There were three reports being submitted to the forthcoming meeting of the Overview and Scrutiny Committee on Monday 18 October 2010. They were as follows:

• Cancellation of Meetings;
• Deputy Portfolio Holders; and
• Cabinet Meetings – Invitations/requests to Address Cabinet Members

The Chairman would also refer to the two additional items being proposed for the Panel’s Work Programme.

The next programmed meeting of the Panel will be held on Tuesday 9 November 2010 at 7.30 in Committee Room 1 and then on:

16 December 2010; and

17 March 2011

The next programmed meeting of the Panel was on Tuesday 9 November 2010 at 7.30p.m. in Committee Room 1.