Agenda item

To consider the report of the Corporate Governance Working Group, (copy enclosed).

The Council considered the report of the Corporate Governance Working Group (the Working Group) seeking Members’ consideration of its report and recommendations on the detailed arrangements to support the previously agreed principles of a new committee structure as part of the Council’s Transformation Programme.  A review of constitutional documentation was also sought.

 

It was noted that the Working Group had reviewed the terms of reference and operating arrangements for the new Committees and further to the last report to this Council had reviewed the terms of reference and operating arrangements for the remaining Committees.  The reviewed versions for the Appointments Board, Area Planning Committees and Investigating and Disciplinary Panel were attached at Appendix A to the report.

 

The Working Group had also reviewed two further matters in relation to the Licensing Committee, in particular the constitution and membership of the Licensing Sub-Committee and the detail of these were set out in the report.  The proposed revised Terms of Reference were attached at Appendix B to the report.

 

Members were advised that the Working Group had carried out reviews of the following documents:

 

·                 the General Provisions section currently overlaid the Committee Terms of Reference and Scheme of Delegation, an updated version was attached at Appendix C;

 

·                 Council and Committee Procedure Rules (Appendix D), updated in light of the new structure and the report highlighted those particular rules where changes were proposed.

 

·                 A revision to the Scheme of Delegation (Appendix F) was set out in report and a reallocation of functions currently designated to the Head of Paid Service proposed.

 

An Officer Employment Procedure Rules document (Appendix E) had been produced by the Working Group.

 

Following deferment by the Council at its last meeting, the Working Group had further reviewed the Terms of Reference of the Overview and Scrutiny Committee taking into consideration recent Government guidance on Overview and Scrutiny in Local and Combined Authorities.  The revised document was attached at Appendix G.

 

To accommodate the requirements of the new Committee structure from October 2019 a revised schedule of meetings had been produce (attached as Appendix H to the report).

 

Some further changes to the proposed constitution of the corporate working groups were also set out in the report.

 

The Leader of the Council presented the report and advised that he wished to make a number of amendments to the appendices.  He then proposed the following amendments:

 

·                 Area Planning Committee Terms of Reference (Appendix A), Annexe A (iv) to read “A Member must provide reason based on planning policy to support a call-in request.”

 

·                 General Provisions (Appendix C), Authentication of documents for legal proceedings – amend paragraph 6 to read “…it shall be signed by the lead specialist Legal or Senior Specialist: Legal unless any enactment…”.

 

·                 Officer Employment Procedure Rules (Appendix F), paragraph 4 to be amended to read”…the basic salary scale subject to approved directorate budgets.”

 

·                 Officer Employment Procedure Rules (Appendix F), paragraph 12 to be amended to read “…officer’s salary scale within approved directorate budgetary limits.”

 

·                 Overview and Scrutiny Committee Terms of Reference (Appendix G), Lead Officer to read “To be appointed by the Lead Specialist: Legal”.

 

·                 Overview and Scrutiny Committee Terms of Reference (Appendix G), paragraph f) to be amended to read “…corporate policy and review, including…”.

 

The Leader proposed that based on the above amendments that recommendations (i) to (viii) as set out in the report be agreed.

 

In response to a questions, the following information was provided:

 

·                 Members were advised that the political balance of the Overview and Scrutiny Committee was addressed in its Terms of Reference (Appendix G).

 

·                 The Council’s Standing Orders were derived from Local Government Act and requirements for Committees to be politically balanced would be set out within these Acts.

 

·                 The Council’s Solicitor explained that the Joint Standards Committee and the Investigating and Disciplinary Panel were different Committees and that their connection was that they shared Independent Persons.

 

·                 It was clarified that the Independent persons required for the Joint Standards Committee were appointed by the Council.

 

A Member questioned the Area Planning Committee Terms of Reference (Appendix A) and particularly whether the last bullet point under proviso 5 should be deleted as policy I3 did not exist in the Local Development Plan.  In response the Chairman thanked the Member for pointing this out and confirmed this bullet point should be removed.  Following further debate the Leader of the Council proposed that the bullet point referring to policy I3 be removed. 

 

The Leader then asked the Chairman that the question be put.  The Chairman put the proposal in the name of the Leader of the Council and this was duly agreed.

 

RESOLVED

 

(i)              That subject to the following amendments, the Terms of Reference and Operating Protocols for the Appointments Board, Area Planning Committees, Joint Standards Committee, Investigating and Disciplinary Committee and Panel (Appendix A to the report) be approved to become part of the new structure and Constitution of the Council to be adopted to take effect in October 2019;

 

·                 Area Planning Committee Terms of Reference, Annexe A (iv) to read “A Member must provide reason based on planning policy to support a call-in request.”

 

·                 Area Planning Committee Terms of Reference, Provisos, delete last bullet point under Development of Strategic Interest – “Any proposals for Primrose Meadow in Maldon as defined by Policy I3 of the LDP.”

 

(ii)            That the revised Terms of Reference / Operating Protocol for the Licensing Sub-Committee (Appendix B to the report) be approved as part of the new structure and Constitution of the Council to be adopted to take effect in October 2019;

 

(iii)          That subject to the following amendment, the Updated General Provisions document (Appendix C to the report) including Proper Officer designations which, subject to further updating as required to reflect internal changes in functional responsibility, be approved as part of the new Constitution of the Council to be adopted to take effect in October 2019;

 

·                 Authentication of documents for legal proceedings – amend paragraph 6 to read “…it shall be signed by the lead specialist Legal or Senior Specialist: Legal unless any enactment…”.

 

(iv)           That the updated Council and Committee Procedure Rules (Appendix D to the report) be approved as part of the new Constitution of the Council to be adopted to take effect in October 2019;

 

(v)             That the new Officer Employment Procedure Rules document (Appendix E to the report) be approved to become part of the new Constitution of the Council to be adopted to take effect from October 2019;

 

(vi)           That subject to the following amendments, the reallocation of the functions and responsibilities currently delegated to the Head of Paid Service, with consequent updating of the Scheme of Delegation (Appendix F to the report)  be approved to become part of the new Constitution of the Council to be adopted to take effect from October 2019;

 

·                 paragraph 4 to be amended to read”…the basic salary scale subject to approved directorate budgets.”

 

·                 paragraph 12 to be amended to read “…officer’s salary scale within approved directorate budgetary limits.”

 

(vii)         That subject to the following amendments, the updated draft Terms of Reference and Operating Protocol for the Overview and Scrutiny Committee (Appendix G to the report) be approved to become part of the new Constitution of the Council to be adopted to take effect from October 2019;

 

·                 Lead Officer to read “To be appointed by the Lead Specialist: Legal”.

 

·                 paragraph f) to be amended to read “…corporate policy and review, including…”.

 

(viii)       That the arrangements for the operation of the new committee structure be noted and the revised Schedule of Meetings (Appendix H to the report) be approved to take effective from October 2019.