Agenda and draft minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, Kent ME10 3HT

Contact: Democratic Services, 01795 417330 

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Items
No. Item

515.

Emergency Evacuation Procedure

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Chairman will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park.  Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

Minutes:

The Chairman outlined the emergency evacuation procedure.

516.

Minutes

To approve the Minutes of the Meeting held on 12 May 2021 (Minute Nos. 632 - 633) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 12 May 2021 (Minute Nos. 632 – 633) were taken as read, approved and signed by the Chairman as a correct record.

517.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary Interests (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

(c)           Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the meeting while that item is considered.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

The Monitoring Officer confirmed that it was not necessary for two Members of the Committee who rented property in the Borough, to declare an interest in respect of Item 6 on the Agenda.

518.

Constitutional Amendments: Delegations to the Chief Executive pdf icon PDF 85 KB

To discuss the report to be considered by the Emergency Committee.

Minutes:

The Deputy Leader introduced the report which proposed that the Chief Executive be delegated to take decisions in emergencies or other circumstances which made it impractical for the Council, Cabinet or a committee to meet.  He proposed the recommendation which was seconded by Councillor Ben J Martin.

 

In the discussion that followed, Members raised points including:

 

·         The delegation was not necessary as the Covid-19 Pandemic was starting to rescind;

·         it put officers in a difficult position;

·         how would a decision be scrutinised by Members?;

·         sought clarification on the wording in the delegation in relation to Part A reports;

·         this was not the best solution;

·         if agreed, the delegation should be time-limited as the Council would be moving to the Committee System in May 2022;

·         the Emergency Committee should be re-named;

·         sought clarification on how a decision was ratified by the Council;

·         considered the pandemic was coming to an end and the delegation should have been agreed earlier;

·         who considered what an emergency was?;

·         Full Council should have met instead of the Emergency Committee;

·         what did ‘any other circumstances’ refer to?; and

·         many had to work in a Covid-safe community as were unable to work from home and Full Council should have met as scheduled.

 

In response, the Chief Executive reminded Members that the temporary Coronavirus Regulations allowing remote decision-making meetings to take place had expired and she said that the delegation allowed for a decision to be taken, not ratified.  The Deputy Leader said if the Emergency Committee could meet, the delegation would not be necessary.  He added that the Constitution was currently under review and that a Part A decision could not be delegated to an officer.

 

The Chairman explained that the decision to cancel Full Council was made in the early stages of the present wave of the Covid-19 Pandemic and it was the Mayor’s decision.  He said the Emergency Committee met when Full Council could not and holding Full Council with the numbers required to be in attendance was high risk.  He added that deaths from Covid-19 were continuing and the decision was made because of health and safety concerns of officers and Members.

 

A Member said that at the time the report was prepared in early December 2021when the new variant was spreading, it was a good idea but the situation had since moved on.   He said that decisions should be made by Councillors.

 

In the debate that followed, Members made further points including:

 

·         Could hold Full Council in a larger, more suitable venue;

·         there were other ways to allow decision-making;

·         supported a time-limited change;

·         it was a good tool to have if needed;

·         there was no certainty that further variants might cause more disruption;

·         an Emergency Committee meeting might be not be quorate if Members were isolating;

·         did not usually support delegations but this was necessary;

·         an emergency was not just about Covid-19, there were other emergencies such as extreme weather; and

·         clarification on the wording in the recommendation.

 

Councillor David Simmons proposed and Councillor  ...  view the full minutes text for item 518.

519.

Constitutional Amendments: Consequential Changes to Officer Delegations following Management Restructure pdf icon PDF 95 KB

To discuss the report to be considered by the Emergency Committee.

Additional documents:

Minutes:

The Deputy Leader introduced the report and said that updates were necessary to reflect the staffing structure.  He proposed the recommendations which were seconded by Councillor Ben J Martin. 

 

In the debate that followed the Monitoring Officer and the Chief Executive responded to a Member’s request for clarification on what ‘further minor amendments’ at recommendation (2) would include and on whether updating job titles as described at paragraph 3.2 in the report had employment legislation repercussions.   A Member commented that the proposal was pragmatic, and officers should be trusted in knowing when a change needed to be considered by the General Purposes Committee.

 

The Deputy Leader proposed an amendment to recommendation (2), which was seconded by Councillor Mike Whiting:

 

“Give delegated authority to the monitoring officer in consultation with the Leader, Cabinet Member or Committee Chairman…..

 

On being put to the vote the amendment was agreed.

 

Members then voted on the amended recommendations which were agreed.

 

Recommended:

 

Emergency committee is asked to:

 

(1) Agree the updates and other changes to the officer scheme of delegation as set out in Appendix I of the report.

 

(2) Give delegated authority to the monitoring officer in consultation with the Leader, Cabinet Member or Committee Chairman, to make further minor amends to the officer scheme of delegation in consequence of the management restructure, for example to update job titles.

 

(3) Agree the further new and amended delegations set out in the table in paragraph 3.3 of the report.