Meeting documents


Document: 2001-04-11 AYLESBURY VALE DISTRICT COUNCIL

 

PRESENT:  Councillor C R James (Chairman); Councillors C R Ashenden, D N Attree, M A Baldwin, K Barclay, Mrs V M Baxter, Mrs J M Brandis, Mrs M Butler, H H Cadd, J W Cartwright, W J Y Chapple, J C Cole, P A Cooper, Mrs A C Davies, D F Evett, B E Foster, Mrs D A Glover, B M Griffin, Mrs P M Y Hannelly, D R Isham, Mrs P M Jamieson, J A Jennings, C Jones, S Kennell, R W Khan, Mrs C Lambert, R C Lehmann, I R Lindsay, K Liverseidge, I P Metherell, N Mohammad, Mrs M B Morgan-Owen, J A Newman, Mrs C M Paternoster, S J Patrick, Mrs M Payne, Mrs P D J Pearce,  Mrs S F Polhill, Miss G F Reynolds, C G Richards, Mrs F D Roberts MBE JP, D J Rowlands, B D Searle, A N Sherwell, Sir Beville D Stanier Bt, Group Capt  J F Stewart and Mrs R Worgan.

 

APOLOGIES:  Councillors M P J C Cashman, D P Fitzsimons and Mrs T A Yasin.

 

576.

CHAIRMAN'S ANNOUNCEMENTS

 

(a)

Mr A T Bootle and Mr A Shepherd

 

The Chairman invited Members, Officers and members of the public present to stand in silent tribute to the memory of Mr A T Bootle and Mr A Shepherd, former Members of the Authority, who had died recently.

 

(b)

Opening of 66 High Street, Aylesbury

 

The Chairman reminded Members that the official opening ceremony would take place at 6.30 pm on 25th April, 2001.

 

577.

MINUTES

 

RESOLVED -

 

That the Minutes of the meeting of the Council held on 7th March, 2001 be approved as a correct record.

 

578.

LONG CRENDON WARD - VACANCY

 

The Chief Executive reported formally the resignation on 14th March, 2001 of Mrs C M-M Irving-Swift as a Councillor for the Long Crendon Ward.

 

579.

MODERNISING LOCAL GOVERNMENT

 

Prior to consideration being given to items (a) and (b) below, the Council agreed to waive the convention that Officers do not speak at Council meetings.  In respect of each item, the Chief Executive gave a general explanation, after which Members had an opportunity to ask factual questions.  

 

(a)

The New Constitution

 

Members considered the draft Constitution which had previously been considered by the Modernising Sub-Committee and which took account of previous decisions taken by the Council on the subject.  The draft contained the following elements:-

 

·

Summary and Articles

 

·

Council Procedure Rules

 

·

Access to Information Procedure Rules

 

·

Budget and Policy Framework Procedure Rules

 

·

Cabinet Procedure Rules

 

·

Scrutiny Procedure Rules

 

·

Officer Employment Procedure Rules

 

Consideration was given to each element and a number of revisions were debated.  Several elements had still to be finalised and it was noted that these would be subject to consideration by the Modernising Sub-Committee prior to submission to full Council on 9th May, 2001.

 

It was noted also that the independent remuneration panel was currently reviewing the Members' scheme of allowances, and its conclusions would be published shortly.

 

A draft of the Members' Code of Conduct had been published by the DETR for consultation purposes, and copies had previously been circulated to all Members of the Council.  A draft Officers' Code of Conduct was still to be published.  Both these Codes would be incorporated within the new Constitution at a later date.

 

During the course of the debate, possible amendments to the procedure for dealing with public questions at meetings and regarding the proposed time limits for speeches made at Council meetings by the Leader, Cabinet Members and Committee Chairmen were considered.  The changes suggested were not however carried.

 

RESOLVED -

 

(1)

That the various elements of the draft new Constitution be approved as submitted unless mentioned specifically below (where any agreed revisions are annotated):-

 

·

Rules of Procedure and Council Procedure Rules

 

(i)

The following additional sub-paragraph to be added to Section 5.2 (Temporary Changes):-

 

“(d)     Temporary Members should not be members of the relevant Policy Advisory Group.”

 

(ii)

That wherever mentioned, it be made clear that notice of particular intentions could be given in electronic form.

 

·

Access to Information Procedure Rules

 

(i)

For the avoidance of doubt, it was confirmed that Group Leaders would continue to receive confidential papers.

 

(ii)

Sub-paragraph (b) of Section 23.2 (Limit on Rights) to be amended to read as follows:-

 

“A Scrutiny Committee will not be entitled to ……

 

(b)

any part of a document that contains exempt or confidential information, unless that information is deemed by the Monitoring Officer relevant to an action or decision they are reviewing or scrutinising or intend to scrutinise.”

 

·

Scrutiny Procedure Rules

 

The Chief Executive to re-draft Section 15 (c) regarding “call-in” for consideration at the next meeting of the Modernising Sub-Committee, with a final draft being submitted to full Council on 9th May, 2001.

 

(2)

That any further outstanding elements of the draft new Constitution be considered at the full Council on 9th May, 2001.

 

(b)

Implementation of New Political Management Structure

 

All authorities should be operating executive arrangements, or in some cases, alternative arrangements as soon as reasonably practicable after the annual meeting in May/June, 2002.  All authorities also had to have at least sent proposals to the Secretary of State by the end of June, 2001.

 

This Council, like others, had committed itself to introducing the new arrangements with effect from May, 2001.  Members received a report from the Chief Executive seeking formal confirmation that the new Constitution and related structure should come into effect on 10th May, 2001, which was the day after the annual meeting of the Council.

 

It was reported that the guidance issued by the DETR in October, 2000 made it clear that local authorities should not formally begin to operate executive arrangements until all necessary secondary legislation was in force.  It had been indicated that the necessary legislation would be in place in early 2001, but it appeared that this might not now be the case.

 

Any resolution to adopt executive arrangements had to be published and the proposals, together with other information had to be sent to the Secretary of State.

 

In considering the Chief Executive's report, it was indicated that it would be helpful if the order of business on the Summons for the Council Meeting on 9th May, 2001 for electing cabinet members followed that contained in the report to the Personnel Committee on 20th March, 2001 regarding a review of future management arrangements.  That report was considered later during the meeting.

 

RESOLVED -

 

(1)

That subject to the necessary legislation being in place, the implementation of the new structure with effect from 10th May, 2001 be confirmed.

 

(2)

That the Chief Executive be authorised to take any necessary action to comply with the statutory requirements and guidance from the Secretary of State.

 

(3)

That if the necessary legislation was not in place by 10th May, 2001, the Modernising Sub-Committee be asked to report to Council on 9th May, 2001, on options for implementing a pilot scheme based on the agreed structure.

 

(4)

That existing Standing Order 32.4 relating to the variation and revocation of Standing Orders be waived on this occasion and that it be confirmed that the draft new Constitution would replace the current Procedural Standing Orders with effect from 10th May, 2001.

 

(5)

That the Council's thanks be extended to the Chairman and Members of the Modernising Sub-Committee and to the Head of Administration and Head of Legal Services for all the work undertaken by them to enable the Council to meet its programme for the implementation of the new management arrangements.

 

580.

MODERNISING:  REVIEW OF MANAGEMENT ARRANGEMENTS

 

Proposed by Councillor Cartwright, seconded by Councillor Mrs Morgan-Owen and

 

RESOLVED -

 

That the Minute of the Personnel Committee of 20th March, 2001 entitled “Modernising:  Review of Management Arrangements” be approved and adopted.

 

581.

RECRUITMENT PROCESS FOR A DIRECTOR OF HOUSING, HEALTH AND LEISURE

 

Proposed by Councillor Cartwright, seconded by Councillor Mrs Morgan-Owen and

 

RESOLVED -

 

That the Minute of the Personnel Committee of 20th March, 2001 entitled “Recruitment Process for a Director of Housing, Health and Leisure” be approved and adopted.