Agenda item

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

Councillor Stallan the Chairman of the Constitution and Member Services Scrutiny Standing Panel introduced their report on changes to the members dispatch arrangements.

It was noted that the legal requirements shape the despatch arrangements.  Two statutory timetables apply to all formal meetings of the Council:

            (a)        five clear days' notice of meetings must be given to the public;  and

            (b)        despatch of agenda papers to Councillors and availability to the public must be at least five clear days before a meeting.

On (b), despatch of “hard copy” agenda takes place on Tuesdays and Fridays and would provide five clear days notice for meetings held in the early part of week 2 after despatch (Tuesday) and the latter part of that week (Friday).  This also reduces the number of ad hoc postings. The Panel were advised that this term, or more particularly "clear" is not defined in the legislation.  Various legal cases have however resulted in a definition that "clear days" must exclude:

            (a)        the date of despatch;

            (b)        the date of the meeting;

            (c)        weekends;  and

            (d)        Bank or Public Holidays.

For Councillors, the Act said that copies can either be posted to them or left at the address they specify (usually their home address).  For the purposes of the Act either was sufficient service. However, the Act implies delivery of a paper agenda and there is thus a risk of challenge if Councils rely solely on electronic delivery.

For many years despatch of all agenda was by post.  In the late 1990's, the cost of postage was such that the use of messenger deliveries came under consideration.  The Council transferred to this arrangement when the LGA 2000 extended the notice period for "3 days" to "5 clear days".  Use of messengers significantly improved the reliability and security of delivery within the timescale and was cheaper.  This system had continued to the present day.

Since the current messenger delivery arrangements were introduced, postal charges had changed.  This triggered a review of messenger arrangements in the Corporate Support Services Directorate.  This review established that traditionally the Tuesday despatch was lighter and it was now cheaper to post than using a messenger.  The Friday despatch was usually the heavier and is more economical if messenger delivery was retained.

This review coincided with the retirement of one messenger employed part time on members’ despatch and the Panel considered whether a change to a postal despatch on Tuesday would be viable.  This would enable a DDF saving to be achieved in next year’s budget in a sum of £3,000.  They were happy to support this change as they had been reassured that the members’ despatch would not be adversely affected and would reduce costs.

The Committee noted an amendment to recommendation 2, that the Portfolio Holder should be called the Portfolio Holder for Support Services and not Corporate Support Services.

            RESOLVED:

             (1)       That the changes being made by the Director of Corporate Support Services in respect of member postal despatches be supported, namely:

             (a)       postal despatch – Tuesday each week;

             (b)       messenger delivery – Friday each week;

(2)        That the Portfolio Holder for Support Services be advised of these changes which should achieve a DDF saving of £3,000 per annum in 2012/13 so that this figure could be incorporated in the draft budget;

(3)        That the Portfolio Holder be encouraged to undertake a wider review of messenger/administrative and related services with a view to making further economies in future years;

(4)        That the question of making use of new technology for members’ agenda and meeting arrangements be included in the Work Programme for this Panel in 2012/13; and

(5)        That, pursuant to (4) above, legal advice be obtained on the current provisions of the Local Government Act 1972 in regard to paper copies of agenda and whether electronic despatch arrangements compromised the Council’s responsibilities in this regard.