AGENDA ITEM 4
BOROUGH OF POOLE
BUSINESS IMPROVEMENT OVERVIEW AND SCRUTINY COMMITTEE
8SEPTEMBER 2016
PROCEDURAL ARRANGEMENTS FOLLOWING ANNUAL COUNCIL: APPOINTMENT OF CHAIRMEN/VICE CHAIRMEN OF THE COUNCIL’S STANDING COMMITTEES EACH MUNICIPAL YEAR: REPORT OF THE HEAD OF LEGAL, DEMOCRATIC AND STRATEGY SERVICES
1.0PURPOSE
1.1To review the processes of appointment of Chairmen and Vice Chairmen and Working Parties, following the Adjourned Meeting of Annual Council. These processes have on occasion led to difficulties and confusion and requests that alternative arrangements be reviewed and evaluated.
2.0DECISION REQUIRED
2.1To consider the Proposals, and make any further suggested improvements.
3.0 BACKGROUND/INFORMATION
3.1Councillor Mellor requested that the procedure the Council currently uses, at the rising of the Adjourned Meeting of Annual Council, to appoint the Chairmen and Vice Chairmen of all Standing Committees and Working Party membership, be reviewed. Enquiries have been undertaken with other similar authorities to check on best practice elsewhere. There are no significant variations other than as outlined below.
3.2At the Adjourned Meeting of Annual Council in May each year, the Council appoints its Standing Committees. The Council’s Cabinet, its size and Portfolio Holder responsibilities are the prerogative of the Leader of the Council, and this Meeting also takes place at the rising of the Adjourned Meeting of Annual Council to appoint Cabinet’s Working Parties. This process works well and it is not suggested that this changes.
3.3The function that Annual Council performs in relation to Standing Committees is solely to appoint the membership of those bodies. This is a function that is reserved to Council. In law, the functions of the local authority are given to the authority as a Corporate body and although there are now additional statutory provisions covering bodies such as the Cabinet etc, in theory it is only for reasons of expediency that the Council divides itself into committees to discharge certain tasks eg the determination of planning applications and it is for this reason that Council as the parent body has authority over all appointments.
3.4Once the membership of a committee has been established however, the appointment of Chairs and Vice Chairs falls to be determined solely by the members of the committee. As such therefore this cannot take place within a meeting of the Council which is why the formal Council meeting comes to an end at this point.In order that there is business continuity, and authorisation for the payment of Special Responsibility Allowances to the elected Chairman of each Standing Committee of the Council, the Committees meet at the rising of the Adjourned Meeting of Annual Council to appoint Chairmen and Vice Chairmen.
3.5Currently the Mayor presides over the nominations for Chairmen, and then defers to the newly elected Chair to take Members of each Committee through its agenda, to elect Vice Chairmen, appoint Working Parties etc. It is at this point that there is sometimes confusion amongst Members as to the purpose and execution of this process. Although the Monitoring Officer and the Democratic Services Manager have tried a number of expedients to make this process more understandable it does still seem to present some obstacles. For the newly elected Mayor it is almost always the first Council meeting they will have presided over and the same considerations may apply to Chairs who are being newly elected.
4.0SUGGESTED WAY FORWARD
4.1Some authorities have Appointments or Nominations Committees, where membership of Committees/Working Parties is determined following delegation from Council to undertake this function. Whilst this would assist in some respects, it would not overcome the whole problem, as only each specific Committee, for example Planning Committee, can appoint its Chairman and Vice Chairman. The benefit would be that some time would be saved at Council especially in terms of any appointments that had not been settled. The need to hold an appointments Committee in advance of Annual Council might concentrate minds in terms of settling appointments but its not a certainty tis would happen.
4.2Since the main issues at Annual Council appear to be around unfamiliarity with process and the fact that the meeting doesn’t feel like it flows very well as participants are feeling their way into new roles It is suggested that, for the 2017/18 Municipal Year, the Council adopt anamended process. The agenda for each Standing Committee will still be dispatched in accordance with the provisions of the Local Government Act 1972, but will solely address the election of Chairmen and Vice Chairmen. The Chief Executive, or Head of Legal, Democratic and Strategy Services, will officiate at each Meeting, seeking nominations for the election of Chairman and Vice Chairman and holding over any further business to the next ordinary meeting of the Committee.
4.3To help clarify the process and concentrate Members’ minds, it is suggested that, at the conclusion of the Adjourned Meeting of the Annual Council, Members leave the Council Chamber and go to the Committee Suite, where each Committee will meet in turn to elect its Chair and Vice Chair.
4.4The Working Parties will be appointed at the next scheduled meeting of each Committee.
5.0CONCLUSION
5.1This process should provide clarity of purpose, and allow the Committee business of the Council to continue without any delay.
5.2It would greatly assist Officers if Group Leaders could advise the Head of Legal, Democratic and Strategy Services of the membership of the Council’s Standing Committees as soon as possible each Municipal Year, so that Members have the Appointment of Committees Report in good time. It would also greatly assist if, at the Adjourned Meeting of Annual Council, Members were aware of the Committees to which they had been appointed.
5.3It is hoped that this suggested process would help facilitate a more streamlined election of Chairmen and Vice Chairmen of each of the Council’s Standing Committees. Any alternative proposals are welcomed.
Pauline Gill
Democratic Services Manager
1