minutes

The Minutes of the Meeting held on 13th September 2010 (Minute Nos. 329 - 334) were taken as read, approved and signed by the Chairman as a correct record.

declarations of interest

No interests were declared.

part a minutes for confirmation by council

constitution review

The Interim Head of Legal introduced the report, referring to the Constitution training that had taken place on the 8th July 2010 and the subsequent work on the Constitution since that time. She advised Members that there were many issues for the Committee to consider, but due to forthcoming changes in legislation there would be a need to review the Constitution further in the new year prior to the all out elections on 5th May 2011. There was an opportunity, however, subject to Members' agreement, for some areas to be updated now and for the Committee to make recommendations to the Council on 1st December 2010, which would be considering the Executive Governance Arrangements.

It was noted that there was not a scheduled meeting of the Council between 23rd February 2010 and the Annual Council meeting. Members were not keen to hold an additional Council meeting but recognised the need for this, and suggested that this could take place on the same night as another scheduled meeting.

The Interim Head of Legal then referred Members to the background papers which provided an updated summary of the changes proposed to the Constitution (which had previously been presented to the Council), and Members considered this report page by page with updates from the Interim Head of Legal and the Democratic and Electoral Services Manager where necessary.

The following text summarises the views of the meeting.

Part 1
Introduction:-
Agreed: To use 'Cabinet' to mean the Leader and Cabinet Members and to use 'Executive' to mean any part of the Authority which is discharging Executive functions, including the Cabinet, Individual Cabinet Members and Officers. This change should be made throughout the Constitution (including Article 7).

Agreed: Local Engagement Forums (LEF): to make it clear that they were experimental, that they involved partner organisations and that they dealt with executive functions only, i.e. not planning or licensing matters. It was acknowledged that there would be further work on the LEF arrangements.

Article 2
Agreed: To reflect the decision to move to all out elections; to reflect the Executive Governance Arrangements adopted by the Council; but not to change paragraph 2.3.

Article 3
Agreed: To update to reflect the provisions of the petitions scheme and reference to public participation.

Article 4
Agreed: To review the policy framework; cross reference to budget and policy framework rules; in paragraph 4.2 to extend this to also confirm the dismissal of the Head of Paid Service; and in paragraph 4.4 to clarify arrangements for the delegation of Council functions.

It was acknowledged that there was a review of outside bodies underway and an update was given on progress with this. A draft paper setting out some possible options for a protocol for appointments to outside bodies was given to Members for their information; this would be subject to further consultation and Members were invited to give their views at a later date. A proposal to require that there should be a Member from the opposition on the Queenborough Fisheries Trust was moved and seconded but was not supported.

Members asked for further information on paragraph 4.2 as to whether this should also refer to accepting the resignation.

Article 5
Procedure for nomination of Mayor and Deputy Mayor - the Democratic and Electoral Services Manager advised that this had been referred to the General Purposes Committee by the Mayoralty Review Working Group. An example of another authority's procedure rules regarding this was considered.
Agreed: that a protocol for Swale be developed to include that:

the selection of Mayor and Deputy Mayor is not confined to any one party;
the Mayor and Deputy Mayor will be chosen on merit;
the term of office for the Mayor and Deputy Mayor will normally be for one year;
the Mayor elect and Deputy Mayor elect will be agreed by the Council meeting prior to the Annual Council meeting (for the 2011 civic year, this would be the Council meeting on 23rd February 2011) with a proviso that should those nominated not be re-elected, a meeting of the Group Leaders takes place between the election and the Annual Meeting;
that prior to the Council meeting on 23rd February 2011, Group Leaders will meet to informally discuss nominations;
that provision for a secret ballot for the selection of Mayor and Deputy Mayor are included within the Constitution.

Article 6
Agreed: update the wording at paragraph 6.2 to clarify the meaning, and to update paragraph 6.3 to reflect the petitions scheme previously agreed by the Council.

Article 9
The Interim Head of Legal advised that the Standards Committee had already considered changes required as a result of legislation which had been agreed by full Council. It was anticipated that the standards regime would be abolished, and possibly replaced with criminal sanctions and an enhanced role for the Local Government Ombudsman. However, until that time the Council was required to continue with the Standards Committee so that there was a system to deal with any complaints of misconduct by Members.
Agreed: to update as previously agreed until new arrangement is in place.

Article 12
Agreed: update the roles of the Monitoring Officer and Chief Finance Officer, and arrangements for appointing Deputy Monitoring Officer.

Article 13
Agreed: update to include equality duty and to refer to a consultation protocol which will be developed. Members asked for examples of how other authorities had implemented the power for ward Members to make decisions, and to consider this issue as part of forthcoming updates that will be required as a result of the Localism Bill.

Part 3 Responsibility for Functions

Part 3.1 Local Choice Functions
Agreed: that this be considered further by the Executive.

Part 3.2 Council functions
Section 106 Agreements - the Interim Head of Legal advised that this area was a non-Executive function and therefore was a matter to be dealt with by the Council, a Council committee or delegated to an Officer. The Executive Member for Sustainable Planning gave an update on work being undertaken on this area to improve arrangements for S106 agreements and to make the process more transparent, such as through pre-application discussions, reporting S106s to the Planning Committee at the same time as the application, and regular monitoring. Members also asked that Ward Members were involved at an early stage.

Site Visits - it was acknowledged that this matter had been referred back to the Planning Committee therefore this matter would be deferred at this stage but considered as part of the review of arrangements for site meetings.

Audit Committee - Members were advised that work was being undertaken on this area and a report would be made to the next Audit Committee. It was considered more appropriate to use the term 'independent individual' than 'independent member'.

Appointments Committee - Members asked Officers to consider previous advice from Local Government Employers on this area and report back.

Local Development Framework Panel - Members asked for suggested wording for revised terms of reference which would allow the Panel to comprise of Members across all parties and to continue to report to the Executive, with recommendations to Council on the Local Development Framework. The Committee also considered that the membership should be extended to include a Kent County Councillor.

Joint Transportation Board - Members expressed a wish to continue with the current set up of the Board and suggested that the Kent Association of Local Councils should be invited to appoint three representatives to represent each area of the Borough.

Swale Rural Forum
Agreed: to remove the names of individuals appointed but to include a list of organisations or bodies represented.

Part 3.10 - Officer Delegations
Members asked for additional information around the Chief Executive's delegation to dismiss staff at the tier below (as it was not just Directors that reported directly to the Chief Executive) and that this should be in line with the policies set by Human Resources. Members also suggested that the Chief Executive's specific power to appoint a Designated Independent Person should be in consultation and agreement with the Leader. Given the complexities of this area, the Interim Head of Legal agreed to look into this area and report back to a future meeting.

Part 4 - Council Procedure Rules
A proposal for Executive minutes to be presented to Council was moved and seconded but this was not supported. Members were reminded that there were other ways in which Members could raise items at Council meetings such as motions, questions, and themed debates. Members did not see a need to review the deadline for questions for Council.

Part 4.2 - Access to Information Rules
Attendance at Cabinet Meetings (paragraph 21) - the Interim Head of Legal confirmed that the advice given was to comply with legislation.
Agreed: that a protocol be developed to recognise the legislation but that there was a presumption that those Members attending cabinet meetings would be invited to remain in the meeting when the press and public were excluded.

Decision Making by Individual Cabinet Members
Agreed: procedure note to be included in the Constitution.

References to other rights of access to information - Members asked to see the detail of what would be included.

Forward Plan and Key Decision definitions
Agreed: update to improve clarity that informal briefings on matters falling within the definition of 'key decisions' should be open to the public.

Approval of Minutes (Paragraph 2.3)
Agreed: that the Executive Minutes do not need to be approved at the next meeting, but that they should be noted.

Part 4.4 - Executive Procedure Rules
Agreed: that these issues would be considered further by the Executive.

Part 4.5 - Overview and Scrutiny Rules
Agreed: update to reflect that the Executive must respond within two months to Scrutiny reports.

Part 4.9 - Officer Employment Procedure Rules
Agreed: to defer for further information and clarification.

Part 4.10 - Public Participation Procedure Rules
Agreed: to defer for further work and to consider implications regarding new arrangements around Code of Conduct for Members.

Part 4.12 - Contract and Financial Standing Orders
Given the lateness of the meeting, Members deferred consideration of proposed amendments to Contract Standing Orders. A paper had been tabled which set out the reasons for the recommendations proposed in the report for the meeting.

Part 5 - Protocols
Agreed: that protocols on Local Authority entities; support facilities for Members; the Monitoring Officer; use of resources for Members; gifts and hospitality and appointments to outside bodies be developed.

Following consideration of the issues, the Interim Head of Legal advised that there would be a need to consider how best to present the proposed changes to the Constitution to the Council meeting on 1st December 2010. The work programme would also be updated to reflect the discussion and it was suggested that there was liaison with Group Leaders regarding this.