Agenda and minutes

To agree the notes of the last meeting of the Panel held on 16 December 2010.

RESOLVED:

That the notes of the last meeting of the Panel held on 16 December 2010 be agreed, subject to an amendment regarding Item 30 Terms of Reference/Work Programme (2) (g), that water did not replace coffee but hot water would be provided at meetings for making tea and coffee.

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

It was noted that Councillor Mrs C Pond was a substitute for Councillor R Cohen.

(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.

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

(a)        Terms of Reference

The Panel’s Terms of Reference were noted.

(b)        Work Programme

(i)         Item 14 (Planning/Landowner Roles) – This item needed further clarification. It would need carrying over to next year’s programme.

(ii)        Item 15 (Referendum on an Elected Mayor) – This would be submitted to the next Panel meeting.

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

The Panel received a report from Mr S Hill, Senior Democratic Services Officer, regarding Appointments at Annual Council.

At the Panel meeting held on 16 December 2010 members had expressed their initial views on how the process of the annual meeting should be improved. The report set out the response of the Panel to the request made regarding the process of the annual Council meeting and addressed both issues hat required changes to the Constitution and those of a procedural nature.

Proposals for the Creation of an Appointments Panel

Traditionally a meeting of the Group Leaders had been called a few days after the May elections, once pro-rata calculations were carried out. The Panel had proposed the creation of an Appointment Panel, meeting on a pre-arranged date between the Elections and the Annual or next Council meeting. The Panel would have the following characteristics:

(a)        timetabled meetings held between the election and Annual Council

(b)        receive nominations and recommend appointments to the Annual Council

(c)        its Terms of reference including all appointments made by Council at the Annual Meeting, and receive those being made by the Leader

(d)        as a recommending Panel, it would not be subject to pro-rata but its membership would include representation from all political groups and an open invitation for un-affiliated members to attend and make proposals

(e)        group representatives to have a mandate from their group to make appointments and come armed with relevant nominations

(f)         clear principles and reports from officers circulated in advance of the elections, with only seats breakdown circulated afterwards

(g)        clear mandatory timetable from officers for Council report avoiding the recent practice of tabling nominations at the annual meeting

Protections were interwoven into the proposals for minority groups and unaffiliated members.

It was recommended that the existing protocol on the Allocation of Chairmanships and Vice Chairmanships and Outside Organisations should be suspended for the period of one year, and then subsequently reviewed following operational experience.

Changes to the Ceremonial Element of Annual Council

Analysis over the last 10 years showed that the Annual Meeting length had remained fairly constant with appointment requirements at the Annual Meeting had declined over the years. There had been representations that there was also a wish to improve the ceremonial aspects.

It was felt that it was essential that all candidates for Chairman and Vice Chairman should be involved in the planning of the meeting, and attend a rehearsal on the afternoon of the meeting. Additionally, the process of signing the declarations of acceptance of office should be made at a desk in front of members in the chamber.

Review of Constitution of Political Groups

In response to a request from Panel members, it was suggested that some changes to the way political groups were formerly constituted and members join these groups. The changes allowed groups to formally reconstitute themselves each year by notice signed by two (or more) members of the authority asking to be treated as a political group. Other group members would  ...  view the full minutes text for item 41.

(Deputy Monitoring Officer) To consider the attached report.

The Panel received a report from Mr I Willett, Assistant to the Chief Executive, regarding Statutory Officer – Protocols.

The Panel, previously, had considered a report on draft protocols for the three Statutory Officers, namely: Head of Paid Service (HOPS), Monitoring Officer (MO) and Chief Finance Officer (CFO). Members had asked for consideration to incorporate within each protocol, details of how those functions would be carried out in the event that the designated officers had a conflict of interest which ruled them out of involvement.

The arrangements for Deputies was as follows:

(a)        HOPS – The holder would nominate a Director to carry out the function of the Head of paid Service in the event of his/her absence.

(b)        MO – The Monitoring Officer had an appointed Deputy who undertook those duties insofar as this did not involve detailed legal advice, in this case specialist legal advice would be sought.

(c)        CFO – There was a deputy Chief Finance Officer who undertook the duties of the CFO.

It had been raised as to how “perceived” or actual conflicts of interest should be dealt with in relation to the Statutory Officers. This was discussed by the Officer’s Corporate Governance Group (CGG). The suggested proposals were as follows:

(i)         That concerns should be raised either with HOPS or with the statutory officer concerned with a requirement for the question to be discussed and, if necessary, advice from CGG taken. However, the question of whether a conflict of interest existed was solely a matter for the statutory officer concerned.

In the event that the concerns centred on HOPS, it was recommended that concerns should be raised with that officer directly or with the Monitoring Officer. Advice would then follow if necessary, involving CGG.

It was felt that it was undesirable to raise concerns at meetings, these should be discussed in advance of meetings.

Budgets

The members raised further questions about budgets. CGG advised that these officers did not have dedicated budgets specifying for those functions. Each designated officer was of Director status, with access to other budgets for the Directorate.

The Panel indicated that they wished to review these protocols every two years.

RESOLVED:

That, subject to review of the protocol concerning the Head of Paid Service and the manner in which any actual or perceived conflict of interest is to be dealt with, in that case, a report be submitted to the Overview and Scrutiny Committee to the Council recommending that the Protocols be adopted.

(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 Councillor Accountability Statements.

At the Council meeting on 20 April 2010 a resolution was adopted to the effect that the Overview and Scrutiny Committee was asked to refer the Member Role Accountability Statements to the Constitution and Member Services Scrutiny Standing Panel, with a view to recommendations being made for their adoption after consultation with the Remuneration Panel and the Standards Committee as appropriate.

This resolution was referred for consideration by this Panel at the Overview and Scrutiny Committee meeting on 12 July 2010. Draft statements were considered at the Panel meeting on 9 November 2010 and changes requested.

A statement in respect of Deputy Portfolio Holders had already been recommended to the Council, and was adopted in November 2010. It was recommended that due to the limited life of the current standards regime, that the statements relating to the Standards Committee should be deferred. It was recommended that officers prepare statements in respect of that Committee for further consideration by the latter.

RESOLVED:

(1)        That the Councillor Accountability Statements be agreed subject to:

(a)        inclusion of reference to “Residents” under Contact Section of relevant statement;

(b)        addition of the words “and decision making” under “Representative Role” in the statement for members of the Council; and

(2)        Substitution of references to “Executive” by “Cabinet” in all statements.

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

The following reports would be submitted to the next Overview and Scrutiny Committee:

(a)        Appointments at Annual Council;

(b)        Statutory Officers - Protocols; and

(c)        Councillor Accountability Statements

The next programmed meeting of the Panel is on Thursday 17 March 2011 at 7.30p.m. in Committee Room 1. This will be the last Panel meeting of the Council year.

It was noted that the next meeting of the Panel would be on 17 March 2011.