Archived decisions

AT A MEETING of the GOVERNANCE COMMITTEE of the COUNTY COUNCIL held at The Castle, Winchester on 3 November 2008.

PRESENT:

p Councillor T.K. Thornber, CBE (Chairman)

Also in attendance: Councillors Beagley, Cartwright, Hockley, Kimber, Mrs Leversha and McIntosh for Minute 146.

142 DECLARATIONS OF INTEREST

The Chairman took the opportunity to remind Members of the provisions of paragraph 10.2(c)(iv) of the County Council's Code of Conduct confirming that whilst all Members had a personal interest in the item concerning the County Council's Members Allowances' Scheme, there were no restrictions on their considering the matter and making a recommendation to the County Council.

In relation to other business, all Members who believed they had a personal or prejudicial interest in any matter to be considered at the meeting, were asked to declare that interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed save for exercising any right to speak in accordance with paragraph 12 of the Code. The declaration should be made at the time of the relevant debate.

143 MINUTES

The Minutes of the meeting of the Committee held on 25 September 2008 were confirmed as a correct record and signed by the Chairman.

144 STANDARDS COMMITTEE - TERMS OF REFERENCE

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer concerning the need for the County Council to revise that part of the Standards Committee's terms of reference relating to complaints about Members of the County Council and the procedures required to be followed.

RESOLVED:

That it be a recommendation to the County Council that the terms of reference of the Standards Committee set out in Part I: Chapter 9 of the Constitution be revised by the replacement of paragraph 9.3(g) with the following:

To establish sub-committees to take such action as is necessary to assess, review, investigate, determine and impose appropriate sanctions in respect of, any written allegation that a Member has failed to comply with the Authority's Code of Conduct.

(replaces "To deal with any reports from the National Standards Board for England or a Case Tribunal on complaints against members or officers of the Authority").

145 LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH ACT 2007 - CHANGE TO CONSTITUTION

The Committee considered and approved the report of the Head of Corporate and Legal Services and Monitoring Officer recommending a change to the Constitution required by 31 December 2008 as a consequence of this Act and its provisions concerning the "strong Leader with Cabinet" model of Governance whereby the Council will elect its Leader and the Leader appoints his deputy and the Cabinet.

RESOLVED:

That it be a recommendation to the County Council that Part I Chapter 7 of the Constitution under the heading of "The Executive" and one consequential change to the Council's Standing Orders at paragraph 5 be approved as follows:

Part I Chapter 7 of the Constitution - The Executive

Add new paragraph 7.4 as follows

"The Leader must appoint one of the members of his or her Cabinet to be his or her deputy and he/she shall be referred to as the deputy Leader. The deputy Leader shall hold office until the end of the term of office of the Leader or until one of the following events occur:-

a. The Leader in his/her absolute discretion, removes the deputy Leader from office

b. He or she is suspended from being a Councillor under the provisions of the Local Government Act 2000 (although he or she may resume office at the end of the period of suspension)

c. He or she is no longer a councillor

d. He or she is otherwise disqualified by law

If for any reason there shall be a vacancy in the position of deputy Leader, the Leader must appoint another deputy Leader from among the members of the Cabinet.

If for any reason the Leader is unable to act or the office of Leader is vacant, the deputy Leader must act in his or her place".

At paragraph 7.3 amend first sentence to read

"The Leader will be a councillor elected to the position of Leader by the Council either at the first Annual Meeting of the Council following an election or if there be a vacancy in the position of Leader at the first Meeting of the Council following such vacancy for a term of office expiring on the day of the post election annual meeting which follows his or her election as Leader".

Standing Order 5 to be replaced by:-

"The Council shall, at its first Annual Meeting following an election, elect a Leader of the Council for a term of office expiring on the day of the post election annual meeting which follows his or her election. If there should be a vacancy in the position of Leader of the Council, the Council shall at its next meeting appoint another Leader of the Council".

Add new paragraph 7.5 as follows:-

"Absence of Leader and Deputy Leader.

If for whatever reason both the Leader and Deputy Leader are unable to act or both positions are vacant, the Cabinet must either collectively act in the Leader's place or they must arrange for a member of the Cabinet to act in the place of the Leader".

(Existing subsequent paragraphs to be consequentially renumbered.)

146 REPORT OF THE INDEPENDENT REMUNERATION PANEL AND THE MEMBERS ALLOWANCES' SCHEME 2009/10

Exceptionally the Chairman of the Committee invited Mr. Peter Humphreys, the Chairman of the IRP, to present the Panel's report to the Committee.

In introducing his reports, the Chief Executive expressed his and the County Council's disappointment that the IRP had not been willing to give the County Council the opportunity to have sight of the draft report of the IRP so as to deal with any inaccuracies, misunderstandings and potentially unlawful proposals.

The Committee then considered the reports of the Chief Executive (Items 5 and 6 in the Minute Book) responding to the conclusions and content of the Independent Remuneration Panel's report (IRP). Led by the Chairman, all Members put questions to Mr. Humphreys about the content and recommendations in his report given the views expressed by the Chief Executive in his report (Item 5) and when introducing his report. The Committee noted that the community consultation undertaken by the IRP had evoked but 85 responses; the Committee considered that disproportionate weight had been given to so few responses. The Committee was also mindful that the IRP's predecessor, which had comprised eminent persons highly experienced in the subject matter at national level, had never taken issue with the County Council's actions to improve accountability following the report which had been made in July 2000.

Being mindful of the many and varied actions taken by the County Council to increase Members' transparency and accountability since the informal IRP's report in July 2000, the Committee strongly disagreed with the IRP's assertion that there had been a breach of public trust. The Chairman also explained the role of the Audit Commission in determining whether the County Council provided value for money and reaffirmed to the Committee the very positive views of the Commission as to the County Council's strong record both in terms of performance and value for money. Mr. Humphreys accepted that there were inaccuracies in the IRP's report, the Panel having been unaware of governing legislation or initiatives either taken by the County Council or in progress to enhance Members' accountability.

In response to Members' questions and observations and the corrections required as to matters of fact, Mr. Humphreys indicated his willingness for the IRP to review elements of its report.

After a wide ranging discussion, the Committee thanked the IRP for the work which they had done to compile their report and Mr Humphreys for his presentation and responses. The Chairman then read from a letter which he had received from the Chairman of the River Hamble Harbour Board as to the responsibilities attaching to that office.

In conclusion the Chairman proposed the substitution of the word "noted" for the comment contained in the response to recommendation 14 in the Chief Executive's report (Item 6) concerning the Regulatory Committee. In conclusion the Chairman proposed that all Members of the County Council should be given the opportunity by way of an anonymous questionnaire to comment on those recommendations of the IRP which were considered to fall within the Panel's remit, i.e those set out in the report of the Chief Executive (Item 6). The Committee supported this approach.

RESOLVED:


a. That the views expressed in the report of the Chief Executive (Item 5) be endorsed;


b. That it be a recommendation to the County Council that approval be given to a Members' Allowances Scheme for 2009/10 which takes into account the recommendations of the Independent Remuneration Panel and of the Chief Executive's and the Committee's views, together with Members' views to be reported at the County Council meeting.


c. That the report of the Chief Executive (Item 6), as revised by the substitution of the word "noted" for the comment in relation to recommendation 14 of the Independent Remuneration Panel's report, be approved.

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