Agenda and minutes

To agree the notes of the last meeting of the Panel held on 26 March 2013 (attached).

RESOLVED:

That the notes of the last meeting of the Panel held on 26 March 2013 be agreed.

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

It was noted that Councillor Mrs P Smith was substituting for Councillor G Waller.

(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 Terms of Reference were noted.

(b)       Work Programme

It was advised that Item 7 (Officer Delegation) would be reviewed by the Audit and Governance Committee at the request of the Overview and Scrutiny Committee and they would report to this Panel.

(Returning Officer) To consider the attached report.

The Panel received a report regarding the County Council Elections and District Council By-Election of 2 May 2013, from the Deputy County Returning Officer/Returning Officer.

The following seven County Council Divisions were contested on 2 May 2013:

Buckhurst Hill and Loughton South

Chigwell and Loughton Broadway

Epping and Theydon Bois

Loughton Central

North Weald and Nazeing

Ongar and Rural

Waltham Abbey

There was a District Council by-election for a seat in the Waltham Abbey Honey Lane Ward to fill a vacancy arising from a resignation.

Turnout

Overall turnout was 25.07% and turnout for the District Council by-election was 20.50%.

The level of turnout was disappointing, numerous complaints were received by the Council and at polling stations about the lack of available information on the candidates. Neither the Council nor the Returning Officer were able to publish candidates’ manifestos.

Arrangements

A Project Plan and a Risk register for the elections were prepared and updated on a regular basis from the beginning of the year.

The Electoral Commission issued a direction to Returning Officers to report their performance against set standards regarding planning and organisation, administering the poll, absent voting, verifying and counting the votes and action after the poll.

The Commission did not raise any significant queries in relation to the submitted material and had subsequently confirmed that based on their analysis of the information submitted, officers had met all the necessary standards.

Polling Stations

80 established Polling Stations were provided in 72 different buildings on 2 May 2013. 72 Presiding Officers and around 120 Poll Clerks were appointed.

On election day, representations were made about some of the buildings.

At the Allnutts Institute, Allnuts Road, Epping, a farm type gate, which appeared solid  but would not act as a handrail if grabbed after tripping. Discussions would take place with the owners of the building about remedial works.

An elector in a wheelchair found it difficult entering the polling station at the Hastingwood Village Hall. The doorframe had a raised sill at floor level, the doorway was quite narrow but could accommodate a wheelchair. The raised sill was a potential hazard. Discussions would take place with the owners of the building about potential improvements.

The Whitebridge Junior School, Loughton, had two entrances, one in Greensted Road, the other in Southern Drive. It was necessary for both entrances to be open as the distance between the two for pedestrians was significant . Representations were received on polling day that there was inadequate signage from the Southern Drive entrance resulting in some electors walking around the school looking for the polling station. The Presiding Officer provided additional signage and the need for this would be emphasised to Presiding Officers in the future.

A complaint was made to one Presiding Officer about the lack of a Notice of Poll inside a polling station. This had been the case for several elections since the Electoral Commission advised that this notice was not listed in the legislation as being one for display in  ...  view the full minutes text for item 5.

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

The Panel received a report regarding Employment Procedure Rules from the Assistant to the Chief Executive.

On 14 February 2012 the Council adopted new procedures for top management officer appointments within the Council. This had followed a specially convened review by a Task and Finish Panel exploring concerns about the contractual arrangements for previous Chief Executives. As part of this process, Counsel was instructed to advise on the Council’s Redundancy and Redeployment Policy and Procedure and carry out a review of the Constitutions Staff Employment Rules and Operational Standing Orders, ensuring that all processes were consistent.

Staff Employment Procedure Rules

The current rules derived from the Local Government Act 2000 and represented statutory advice from the Government. These rules covered matters such as recruitment and appointment of staff, redundancies, dismissals and disciplinary action for all posts, particularly those at top management level.

Counsel’s Opinion

Counsel had advised that the Officer Employment Procedure Rules did not cover dismissal. He suggested that the Constitution’s Operational Standing Orders – Staff should be integrated into the rules with clarification concerning dismissal by reason of redundancy. Counsel recommended as well that the position of certain key post holders must be clarified.

Right of Objection to Appointments/Dismissal by the Executive

The Local Authorities (Standing Orders) Regulations 2001 put in place certain procedures allowing the executive of a Council to object to a proposed appointment of a range of senior positions or for dismissal from those positions and required Council to determine whether or not any objection received was sound.

The Task and Finish Panel called for more clarity in the Staff Employment Procedure Rules regarding the process adopted in allowing the Executive to object where appropriate. Those procedures were set out in the Operational Standing Orders.

RESOLVED:

(1)        That the Assistant to the Chief Executive review the provision of Rule 9.1.2 regarding temporary suspension of a Chief Executive and who should be responsible for that decision; and

(2)        That Rule 9.1.3 be amended to include a timescale for convening a Panel to review/extend a temporary suspension within the initial suspension period of 10 days.

RECOMMENDED:

(1)        That a report be submitted to the Council recommending as follows:

(a)        That, in accordance with the advice of Counsel, the Staff Employment Procedure Rules (including the Operational Standing Orders for Staff) be adopted as set out in the attached appendix and subject to the amendment of rules and as indicated above;

(b)        that the Council appoint at this meeting 7 deputies for the present Restructuring Review Panel on the nomination of Group Leaders so as to ensure that the Council is able to comply with the requirements of the revised Employment Procedure Rules when adopted;

(c)        that, when required, a second Panel be formed from among the seven members and deputies appointed to the Restructuring Panel to deal with any appeals under the Employment Procedure Rules subject to the seven members concerned not having been involved in the original decision;

(d)        that all members and deputies serving on the  ...  view the full minutes text for item 6.

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

The Panel received a report from the Senior Democratic Services Officer regarding the Vice Chairman of Council – Appointment Review.

At the annual meeting of the Council it had been agreed that the Overview and Scrutiny Committee should be asked to undertake a review of the process for the nomination to and appointment of the Vice Chairman of Council. The Committee had delegated the review to the Panel.

Members asked that officers research the policies of other councils regarding their appointment process and also provide further information on the Point System used by this Council in the past.

RESOLVED:

That a further report be submitted to this Panel with information regarding how other Local Authorities arranged their appointment process for the position of Vice Chairman of Council and including the Point System used previously by the District Council.

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

The Panel received a report from the Assistant to the Chief Executive regarding Convention on the Relationships between Political Groups and Councillors with Officers.

The Council’s Constitution contained conventions regarding the management of relationships between political groups, Councillors and officers. The Management Board felt that these conventions should be reviewed in the light of current experience. This report and proposed changes were considered at the Panel’s last meeting, but were deferred pending consultation with Councillors via the Bulletin.

(a)        Entitlement to Information

The revised wording of these paragraphs remained.

(b)       Paragraph 2.1

This paragraph had been amended to make reference to the Freedom of Information and Data Protection Acts.

(c)        Paragraphs 2.3, 2.4 and 2.5

The current wording was submitted at the last Panel meeting and caused controversy about the position of Directors in relation to Portfolio Holders. Management Board had looked at this issue again, directors concluded that these paragraphs had attempted to put in place a system which may be unworkable. A more simple approach was that all requests for the supply of information should be treated as confidential, irrespective of political groups.

(d)       Paragraph 4.3 (Briefing of Political Groups)

This was a new paragraph which reflected current practice in relation to Group Leader’s meetings which had recently been revived.

(e)       Paragraph 5.2 (Casting Vote)

This paragraph had been extended to provide more advice to Chairmen regarding the issue of the second or casting vote for the status quo. The new wording dealt with situations where effectively there was no status quo relating to regulatory decisions such as planning, licensing and appeals of various kinds. The advice was that in those circumstances chairmen must vote in accordance with their own judgement of the issues concerned.

(f)        Paragraph 6.2 (Relations with the media)

There was a small addition to this paragraph clarifying the circumstances where members could speak directly to the media on any issue.

(g)       Paragraph 6.5 (Relations with the Media – Election Periods)

This new paragraph drew attention to the special requirements for Council publicity during election periods.

(h)       Paragraph 8.1 (Facilities for Members)

The wording of this paragraph had been slightly amended to refer to Democratic Services, it referred to securing typing services from the Council. Members suggested that this should be amended to an application to Democratic Services.

Results of Consultation

One representation had been received from a member of the Council dealing with email and staff/member interactions. The Panel supported the creation of a guide for Members identifying senior staff in the Council and providing guidance on email contacts.

RESOLVED:

That the issues raised in consultation with Councillors concerning new members and email correspondence be referred to officers for appropriate advice to be given.

RECOMMENDED:

That the report regarding the Convention on the Working Relationships between Political Groups and Councillors with Officers be recommended to the Overview and Scrutiny Committee for approval with the additional:

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

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

(a)        Elections – 2 May 2013;

(b)        Employment Procedure Rules; and

(c)        Convention on the Relationship between Political Groups and Councillors with Officers.

The next programmed meeting of the Panel will be held on Tuesday 24 September 2013 at 7.00p.m. in Committee Room 1 and then on:

• Tuesday 19 November at 7.00p.m. in Committee Room 1
• Tuesday 14 January 2014 at 7.00p.m. in Committee Room1
• Tuesday 18 March at 7.00p.m. in Committee Room 1

The next meeting of the Panel would be held on 24 September 2013.