Agenda and minutes

Agenda and minutes

Venue: Room 15, Priory House, Monks Walk, Shefford

Contact: Leslie Manning  0300 300 5132

Items
No. Item

15.

Minutes pdf icon PDF 82 KB

To approve as a correct record the minutes of the meeting of the General Purposes Committee held on 29 May 2014 (copy attached).

Additional documents:

Minutes:

 

RESOLVED

 

that the minutes of the meeting of the General Purposes Committee held on 29 May 2014 be confirmed and signed by the Chairman as a correct record.

 

 

16.

Members' Interests

To receive from Members any declarations of interest.

Minutes:

 

None.

 

 

17.

Chairman's Announcements and Communications

To receive any announcements from the Chairman and any matters of communication.

Minutes:

 

None.

 

 

18.

Petitions

To receive petitions from members of the public in accordance with the Public Participation Procedure as set out in Annex 2 of Part A4 of the Constitution.

Minutes:

 

No petitions were received from members of the public in accordance with the Public Participation Procedure as set out in Annex 2 of Part A4 of the Constitution.

 

 

19.

Questions, Statements or Deputations

To receive any questions, statements or deputations from members of the public in accordance with the Public Participation Procedure as set out in Annex 1 of Part A4 of the Constitution.

Minutes:

 

No questions, statements or deputations were received from members of the public in accordance with the Public Participation Procedure as set out in Annex 1 of Part A4 of the Constitution.

 

 

20.

Webcasting pdf icon PDF 63 KB

 

To consider a proposed approach for implementing webcasting in key Council meetings, including draft protocols on filming and the use of social media.

Additional documents:

Minutes:

 

Members considered a report of the Executive Member of Corporate Resources which set out a proposed approach for the introduction of webcasting to provide simultaneous broadcasting and recording of certain meetings in the Council Chamber at Priory House.  If implemented the webcasting would enable the public to regularly view meetings of full Council, Executive and Development Management Committee off site.  In addition, the report included a draft protocol for webcasting, recording and the use of social media in the Council’s meetings.

 

The Chief Communications Officer introduced the report, referring to the increasing demand for government openness at both national and local level.  She stated that webcasting already took place at a variety of local authorities, had done so for a number of years and was no longer regarded as being unusual.  The Chief Communications Officer next referred to the changing nature of mass communication and to ‘Open and Accountable Local Government’, the draft guide for the press and public on attending and reporting local government meetings recently issued by the Department for Communities and Local Government.  A copy of the draft guide was attached at Appendix A to the report.  She drew Members’ attention to the new rights for the public set out within the draft guide which required councils to allow any member of the public to photograph, film and audio-record meetings without permission.  The Chief Communications Officer stressed that, as a result, it was important that the Council retained its own, complete record of events and webcasting could provide the means of doing so.

 

The Chief Communications Officer continued her introduction to the Executive Member’s report, outlining the proposed approach for introducing webcasting, the preparation and review arrangements, the review mechanisms and a proposed timetable which would see the implementation of the system by December 2014.

 

Full discussion then took place with Members considering the issues both for and against the adoption of webcasting and the timeframes enabling review before the rolling out of webcasting for additional committees. 

 

Various concerns were raised in relation to absence of any protection for Members in the form of the equivalent of ‘Parliamentary Privilege’ when speaking in meetings and the possible manipulation of recordings made by some members of the public.  With regard to the latter it was felt that a full recording of all meetings was valuable no matter where the meeting was held.  It was noted that with the availability of webcasting, it might become unnecessary to hold certain meetings close to the affected communities as those interested in the issue could watch a webcast.  However, it was also suggested that webcasting could lead to the encouragement of inappropriate behaviour by some Members in the form of ‘grandstanding’ and the number of webcasted meetings could be restricted or the  introduction of webcasting delayed until after the elections in May 2015.  A query was raised regarding the financial implications of webcasting and the possible augmentation of the existing public address system in the Council Chamber was suggested as a way of  ...  view the full minutes text for item 20.

21.

Standards Complaints - Annual Report pdf icon PDF 75 KB

 

To consider the annual report on ethical standards complaints and related issues.

Additional documents:

Minutes:

 

The Committee considered the annual report on ethical standards complaints and related issues for 2013/14 by the Chief Legal and Democratic Services Officer/Monitoring Officer.  The Chief Legal and Democratic Services Officer/Monitoring Officer first apologised for the late circulation of her report which was due to capacity issues.  She then introduced the report which set out information on the following matters:

 

·         The Code of Conduct

·         The Register of Interests

·         Independent Persons

·         Complaints

·         Training

·         Conclusion and Next Steps

 

The meeting was aware that the report included an exempt Appendix D which set out a summary of Councillor Code of Conduct Complaints as at July 2014 and that exempt Appendix E, which was due to be tabled, set out complaints received in connection with one specific local authority during the 2013/14 municipal year.

 

Members were of the opinion that, given the relevance of the exempt reports to their discussions, further consideration of this item could only proceed following exclusion of the press and public.

 

RESOLVED

 

that further consideration of this item be deferred pending the exclusion of the press and public from the meeting.

 

 

22.

Exclusion of Press and Public

 

To consider whether to pass a resolution under section 100A of the Local Government Act 1972 to exclude the Press and Public from the meeting for the following item of business on the grounds that the consideration of the item is likely to involve the disclosure of exempt information as defined in Paragraph 1 of Part I of Schedule 12A of the Act.

Minutes:

 

RESOLVED

 

that in accordance with Section 100A of the Local Government Act 1972 the Press and Public be excluded from the meeting for the following item of business on the grounds that consideration of the item is likely to involve the disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act.

 

 

23.

Standards Complaints - Annual Report (Conclusion)

 

To receive the exempt appendix to the annual report on ethical standards complaints and related issues.

 

Minutes:

 

Further to minute GPC/14/21 above, exempt Appendix E to the report of the Chief Legal and Democratic Services Officer/Monitoring Officer was circulated.

 

Discussion first took place on exempt Appendix D with particular reference to the following issues:

 

·         the role of town and parish clerks and their training and development

·         the resource implications which had arisen within the Legal Team as a result of the need to process the high number of standards complaints received in connection with town and parish councils

·         the nature of the complaints received.

 

Members next focused on the problems experienced within the local council described in exempt Appendix E.

 

Possible remedial measures for the challenges being experienced within some town and parish councils were considered.  In addition, the sanctions that could be imposed by Central Bedfordshire Council were noted.

 

RESOLVED

 

1          that authority be delegated to the Monitoring officer, in    consultation with the Chairman of the General Purposes Committee, to amend the arrangements for dealing with standards allegations made under the Localism Act 2011;

 

2          that both the Member’s right and complainant’s right to reject the Monitoring Officer’s suggestion of a local resolution be no longer permitted and paragraph 9 of Part F2 of the Constitution be amended accordingly;

 

3          that the Monitoring Officer submit an annual report to the General Purposes Committee setting out the resource implications of dealing with the standards complaints which had been received.

 

(Note: at the conclusion of the above item all copies of exempt Appendix E were collected.  The Committee then moved back into public session to consider its remaining business).

 

 

24.

Constitution Update - Maintaining the Constitution pdf icon PDF 59 KB

 

To consider an amendment to the Constitution to enable it to be maintained as an up to date document.

Minutes:

 

The Committee considered a report of the Executive Member for Corporate Resources which set out a proposed amendment to the Constitution to enable it to be maintained as an up to date document in a more efficient manner.

 

Members were aware that the Constitution provided for the Monitoring Officer to make urgent amendments to that document to give effect to any decision of the Council, or changes in the law, or minor amendments such as correcting errors, or to ensure that the Constitution was up to date, but only following consultation with the General Purposes Committee (paragraph 2.3 of Part A5 of the Constitution refers).  The report suggested that the requirement for the Monitoring Officer to first consult the Committee before making the amendments of a type which did not require Members’ discernment or evaluation, for example, spelling or typographical errors, resulted in unnecessary delay.  In contrast, authorising the Monitoring Officer to make such amendments without needing to undertake consultation with the Committee would enable corrective action to be taken more quickly.

 

Members noted that it was suggested that the changes would be brought together and made on a monthly basis to enable the updating process to be managed in a timely way.  It was also noted that an audit trail would be maintained through the Monitoring Officer’s personal sign-off of the amendments and the retention of the document on file.  In addition, it was proposed that a schedule of the changes would be prepared and submitted to the Committee on a six monthly basis so that Members were able to maintain an overview of the Constitution as it evolved.

 

The Committee indicated its full support for the proposed amendment to the Constitution and related action regarding the submission of update reports.

 

RECOMMENDED TO COUNCIL

 

that the Monitoring Officer be authorised to make urgent amendments to the Constitution to give effect to any decision of the Council or changes in the law, minor amendments such as to correct errors or to ensure that the Constitution is up to date, by amending the Constitution at Part A5, paragraph 2.3 through the deletion of the words “after consultation with the General Purposes Committee”;

 

RESOLVED

 

that, subject to the approval of the recommendation above, reports be submitted to the General Purposes Committee twice a year to update the Committee on any amendments which have been made to the Constitution following authorisation by the Monitoring Officer.

 

 

25.

Constitution Update in Respect of Capital Programme Management and Asset Related Delegations pdf icon PDF 55 KB

 

To seek Members’ views on proposed amendments to the Constitution in respect of capital programme approval limits and asset related delegation.

Additional documents:

Minutes:

 

Members considered a report of the Executive Member for Corporate Resources  which set out proposed amendments to the Constitution in respect of capital programme approval limits and asset related delegations which were found in Part I2 (Code of Financial Governance) and Part H3 (Scheme of Delegation by the Council and the Executive to Directors and other officers) of the Constitution respectively.

 

The Executive Member for Corporate Resources and Head of Financial Control introduced the report.  Turning first to Part I2, the meeting noted that the current approval requirements for virements were the same for both revenue and capital budgets (paragraph 4.7 of the Code of Financial Governance refers).  The proposed change would introduce higher values for capital virements, with cumulative values in excess of £500,000 requiring the approval of the Executive in place of the current figure of £200,000.

 

The meeting then noted that variations in cost of capital detailed business cases were approved in line with the values set out in the Code (paragraph 4.10.18 refers) and that it was proposed to increase the current limits in line with the threshold for Key Decisions with variations in excess of £150,000 requiring Executive approval and £500,000 requiring Council approval.

 

Members were aware that the Code (paragraph 5.7.1 refers) indicated that the Chief Finance Officer had responsibility for the production of an Asset Management Plan.  The report stated that this responsibility rested more appropriately with the relevant Directors as was already set out in the Council’s detailed Financial Procedures.  The Chief Finance Officer’s responsibilities (as set out in paragraphs 5.7.2 and 5.7.3) were to ensure that Council procedures provided for the sound stewardship of all assets, including the disposal or acquisition of interests in land and buildings.

 

The Committee next considered the proposed amendments to Part H3 of the Constitution which set out the Scheme of Delegation.  The delegations to the Director of Improvement and Corporate Services (paragraph 4.2 refers) included delegations specific to property and asset management and the report proposed amendments to remove duplication, align value limits with the existing criteria for Key Decisions and update references to specific asset plans and protocols.

 

Last, the Corporate Property Assets Disposal protocol guided the identification of assets surplus to service requirements.  Council approval was required for individual disposals of land and property assets with an estimated receipt value in excess of £500,000.  Any significant assets identified as being surplus to service requirements would be identified within the capital Programme and Budget which was recommended annually to Council.  It was proposed to amend Part I2 (paragraph 4.10.2 refers) which detailed the components of the Capital Programme to include any surplus assets available for disposal.

 

Following the introduction a Member referred to the proposed changes to Part I2 and expressed concern over what he viewed as a further reduction in Member influence.  In response the Executive Member for Corporate Resources reminded the meeting that the original approval limits had been adopted prior to the Council’s creation in 2009.  Further, from 2009 until  ...  view the full minutes text for item 25.

26.

General Purposes Committee - Work Programme for 2014/15 pdf icon PDF 47 KB

 

To consider the Committee’s proposed work programme for 2014/15.

Additional documents:

Minutes:

 

Members considered a report by the Chief Legal and Democratic Services Officer setting out the Committee’s proposed work programme for the 2014/15 municipal year.  The meeting noted the current absence of any items, besides the work programme itself, which were scheduled to be considered at the October 2014 meeting.

 

RESOLVED

 

1          that, subject to resolution 2 below, the proposed General Purposes Work Programme for the remainder of the 2014/15 municipal year, as attached at Appendix A to the report of the Chief Legal and Democratic Services Officer, be approved;

 

2          that the meeting of the Committee scheduled to be held on 2 October 2014 be cancelled if there are no additional reports forthcoming.