The Chief Executive and Proper Officer

Part 1 Open to the Public / ITEM NO.

REPORT OF

Council

16thNovember 2011

TITLE:Public Consultation on the Mayoral Referendum

RECOMMENDATION:To inform Council of the:-

(a)outcome of the publicconsultation process undertaken by the Proper Officer in respect of the forthcoming Mayoral Referendum.

(b) proposed timetable for the Mayoral Referendum.

(c)next steps in the process including the submission of the details of the Referendum to the Secretary of State for Communities and Local Government by no later than 29th November2011 in accordance with the Local Authorities (Referendums) Petitions and Directions) (England) Regulations 2000.

EXECUTIVE SUMMARY:

Following receipt of a Valid Petition requesting a Referendum for an Elected Mayor with Cabinet, the Council is required under statute to prepare proposals to be submitted to the Secretary of State for the governance of the Council under that model and also, in the event of the rejection of the proposals in the petition by the Referendum, fall back proposals for the governance of the Council.

If the Referendum result is in favour of an Elected Mayor with Cabinet, the Council will then be required to hold an election for an Elected Mayor.

As the Proper Officer for the Mayoral Referendum in accordance with paragraph116 of Proper Officer Appointments contained within the Council ConstitutionI have undertaken a programme of consultation. This began on17th October and will finish on20th November 2011.

This report contains details of the proposed areas on which the public have been consulted, alist of consulteesand the timetable and process for that consultation.

An analysis of the responses received at 9th November is attached. Any further responses will be reported at the Council meeting.

BACKGROUND DOCUMENTS:Mayoral Referendum Petition

(Available for public inspection)

KEY DECISION:NO. Although this report relates to a decision which could have a significant effect on more than two wards the process to go out for consultation is a statutory one to be determined by the Proper Officer.

KEY COUNCIL POLICIES:The Council Constitution

EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: All attempts have been made to deal with equality issues as part of this process

ASSESSMENT OF RISK:This is a statutory requirement

SOURCE OF FUNDING:No resources exist for the running of the Referendum and Government have confirmed that no additional funds will be made available; the costs therefore will have to be found from within existing budgets.

LEGAL IMPLICATIONS (Supplied by Nicky Smith) – The procedure to be followed, after

receipt of a valid petition in relation to a Referendum for an Elected Mayor is set out

in regulations. Compliance with these regulations will ensure that the process is correctly

followed and full public consultation is a necessary step in this procedure.

FINANCIAL IMPLICATIONS:(Supplied by John Spink) - There will be an estimated cost of approximately £200,000 to the Council in respect of holding the Mayoral Referendum for which

no provision has been made in the 2011/12 Revenue Budget.

OTHER DIRECTORATES CONSULTED:Customer and Support Services

CONTACT OFFICER:Vin Joseph TEL. NO.793 3009

WARD(S) TO WHICH REPORT RELATE(S):ALL

1.0 Details

1.1 In order to comply with the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 the Council has consulted with the local community on the proposed constitutional changes should the electorate determine that the Council should have an Elected Mayorin the forthcoming referendum.

1.2Under the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 the Council is required to consult with the community on specific parts of its governance structure. This relates to the method by which the Council makes decisions in respect of (a) the Council’s Policy Framework,(b) Scheme of Delegation,

(c) Key Decisionslimits,(d) the Overview and Scrutiny function and (e)the appointment and functions of a Ceremonial Mayor.

1.3 In the case of each of the matters listed above, the public questionnaire(shown at Appendix A) sets out in detail how the Council currently makes decisions and how they maybe affected if the residents decide that the City should be governed by an Elected Mayor. A summary is given as follows :-

a) Policy Framework - the Policy Framework is a series of major strategies and plans that affect the City. Currently approval for such plans is given at meetings of the full Council. An elected mayor could determine that decisions on these issues should be approved differently including taking the decisions themselves.

b) Scheme of Delegation - the scheme of delegation sets out the powers and duties of council members and senior officers. These are approved and can only be changed by a decision of full Council. An elected mayor would not need Council approval to decide who has what decision making powers but could take those decisions themselves.

c) Key Decisions - currently the Council determines what will be a key decision and sets the limits on when this rule will apply. An Elected Mayor would not need Council approval to change these limits. He or she alone would have the power to change the scheme of delegation to adjust this limit either up or down.

d) Overview and Scrutiny Arrangements - under the current arrangements the Council appoints six scrutiny committees. Each with a politically balanced membership involving all political parties represented on the City Council.

The decisions of an elected mayor would be scrutinised by the Council but the elected mayor can determine the number of committees and members that undertake this function which could be reduced to as few as one committee.

e) The Ceremonial Mayor - the Mayor of Salford currently is appointed by the Council and based upon the seniority of elected members. The Mayor carries out ceremonial duties on behalf of the City and has social precedence as the Queen’s first citizen. The Mayor also chairs Council meetings. It is not possible for an Elected Mayor to chair Council meetings but an Elected Mayor could decide to remove theCeremonial Mayor and nominate someone else to chair Council meetings.

1.4In addition to the above the public have been informed that the four year term of office for an Elected Mayor is determined by statute and is therefore not an issue for consultation.

1.5An Elected Mayor would automatically represent the Council on the new Police and Crime Panelor they could nominate somebody to take on this role on their behalf. Where there is not an Elected Mayor the Council would appoint their representative to the Panel.

1.6In the event of an Elected Mayor, full Council would continue to set the Council budget as is the case now.

1.7Thefollowing bodies /organisations and individuals have been consulted:-

Community Committee members have been consulted either directly or at meetings of the Community Committee.
At the time of writing, briefings on the public questionnaire have been carried out at the Claremont / Weaste, Ordsall/ Langworthy and Swinton Community Committees.
Similar arrangements have been made for Irwell Riverside, Irlam, Little Hulton and Walkden and Worsley and Boothstown.
Before the submission of the information to the Secretary of State residents were also consulted inthe Salford Advertiser using a press release andpublication of the questionnairein the local newspaper.
The questionnaire was also published in Life IN Salford,the Council newspaper which goes to every household and business in the City
An extended timescale of the 20thNovember was given to the response time to enable more people to submitcomments on the Constitutional proposals.
The Council’s Website ran an on-line consultation and feedback format throughout the period of consultation, with an identified officer to receive and collate the responses.

1.8In addition to the formal pubic consultation process, all Members of the Councilhavebeen emailed directly to seek their views on the proposals. Members of the Salford Strategic Partnershiphave also been invited to comment.

1.9The feedback which is shown at appendix B to the report indicates that the public who responded are in agreement with the recommended actions regarding theConstitution. However, it is important to note that only 36 responses to the questionnaire have been received to date which equates to 0.02% of the electorate. In the case of a ‘Yes’ vote in the Referendum and a Mayoral Election, any changes in the Constitutionwould take effect at the start of the next municipal year. The Council’s fallback position as required under regulations would be to revert back to the existing Constitution and strong Leader and Cabinet model.

2.0 Proposed Timetable

2.1The Department for Communities and Local Government guidance in respect of a Mayoral Referendum requires the petitioned Council to hold aReferendum no later than six months from the date of the petition. This means that the Referendum must be held in Salford no later than 29th January 2012. It is proposed that the Referendum will be held on Thursday 26th January 2012.

2.2The Guidance also goes on to say that in the event of a ‘Yes’vote in the Referendum the ‘Council will have to wait three months after the Referendum before holding theMayoral Election either in the first week of the next May or the third week of the next October whichever comes first.’ In this case, a Mayoral Election would occur on Thursday May 3rd2012, the same day as the local elections.

2.3Legal advice received indicates that Purdah or Pre-Election rules would apply to both the Referendum and the Mayoral Election. The convention of observing Purdah is not codified in lawso it is within the power of local authorities to adopt their own version of the convention in the period leading up to elections. However, in view of the fact that guidance from the Association of Council Secretaries and Solicitors refers to the observance of Purdah during elections and referendums it is suggested that it would be wise to treat the Mayoral Referendum as the same as a local election in this regard.

2.4The Code of Recommended Practice on Local Authority Publicity applies to all local authorities, and authorities are required by statute to have regard to the contents of the Code in coming to any decision on publicity. The Code has specific guidance in respect of publication during times of heightened sensitivity, such as elections.

2.5Authorities are also bound by the Local Authorities (Conduct of Referendums) (England) Regulations 2007. The 2007 Regulations state that local authorities are prohibited from publishing material in the 28 days immediately before a referendum which expresses support for, or opposition to, a particular answer to a Referendum question relating to the Constitutional arrangements of the authority. The restriction does not apply to material made available to persons in response to specific requests for information or the publication of press notices containing factual information where the sole purpose is to refute or correct any inaccuracy in material published by someone else.

2.6With regard to expenditure during these periods, it is acceptable for local authorities to publish material relating to the subject matterof a Referendum in the circumstances mentioned above, so long as this is even-handed and objective and does not support or oppose any of the options which are the subject of the vote.

3.0 Next Steps

3.1Following the report to Council and the conclusion of the consultation period ending

on 20thNovember2011 any further comments received from members of the public willbe taken into considerationand will be reported to members week commencing Monday 21st November. The final documents will then be submitted to the Secretary of State which will include the timetable for a Mayoral Referendum by 29th November 2011.

3.2Attached for information is the timetable for the Mayoral Referendum to be held on 26th January 2012(detailed at Appendix B). In the event of a ‘Yes’ vote also attached for information is a timetable for a Combined Local Election and a Mayoral Election in May (detailed at Appendix C).

4.0 Conclusion

4.1This report is submitted toCouncil in order to report the outcome of the public consultation on the proposed changes to the Council Constitution which officially ends on the 20th November. Any further comments received before documents are submitted to the Secretary of State will be reflected in the final documentation.

Barbara Spicer

Chief Executive

Appendix A

MAYORAL REFERENDUM

Salford City Council is asking for residents’ views on proposed changes to the council’s Constitution if voters in the city decide to have an elected mayor.

The Constitution is a set of rules that sets out how decisions are taken at the council.

Before a referendum can be held, officers at the council must review the Constitution to make sure they have a set of rules in place that sets out how the council would run if the public decide they would like an elected mayor.

The upcoming referendum will give the public the opportunity to vote on the following question:

“Should the electors for the area of Salford elect a Mayor who, with a Cabinet, will be in charge of our local services and lead SalfordCity Council?”

It was called after the Chief Executive; Barbara Spicer received a valid petition signed by more than five per cent of the city’s electorate. The Local Government Act 2000 states that the council is legally obliged to hold a referendum if more than five per cent of the electorate call for it.

The referendum will be held in January 2012. If the electorate votes in favour of the elected mayor a mayoral election will be held later in 2012. If they vote against it the current system with a leader and cabinet model will remain and it will not be possible to hold a further referendum on this subject for another ten years.

Members of the public were asked to give views and feedback on the council’s recommendations for the new Constitution at

Anyone with any questions about the referendum should contact Vin Joseph, Head of Democratic Services at Salford City Council on 0161 793 3009 or email

PUBLIC QUESTIONNAIRE AND RESULTS

If the public vote in favour of having an elected mayor in Salford, the council’s Constitution would need to be changed. The Constitution is a set of rules that the council works to when making decisions.

The following are Salford City Council’s recommendations for how the Constitution could be changed if there was an elected mayor.

We would appreciate your views. Please take a few minutes to read the recommendations and say if you agree or disagree with them. There is an option to give further comments on this at the end of the questionnaire.

Thank you for your help.

(From the 36 responses received to date, one respondent did not answer all the questions and those answers unanswered are marked *)

Policy Framework (Article 4)

The policy framework is a series of major strategies and plans that affect the city. In the existing Constitution approval for plans like these needs to be voted for and agreed at meetings of the full council.

There is an option to change the Constitution so the Elected Mayor could take these decisions on their own, without putting it to the vote.

It is our recommendation that these decisions should continue to be approved at full council.

Do you agree? YesNoNo opinion

Results25110

Scheme of Delegation (Section 3)

The scheme of delegation sets out what powers council members and senior officers have. It is currently agreed by meetings of the full council.

An elected mayor could change that and decide who has what decision making powers.

It is our recommendation that the full council should continue to vote to decide who has what powers and that they agree the scheme of delegation.

Do you agree? YesNoNo opinion

Results*22130

Key Decisions (Article 13)

A key decision is when the council takes a decision to spend or save more than £100,000, or a decision that affects more than two electoral wards. Decisions are posted on the council website and do not come into force until five days after the decision has been taken, allowing elected members to “call in” or question the decision. The elected mayor could change the definition of a key decision if they saw fit. We recommend that this definition remains unchanged if an elected mayor is brought in?

Do you agree?YesNoNo opinion

Results*24110

Overview and Scrutiny Arrangements (Article 6)

Under the current arrangements there are six scrutiny committees, each with a politically balanced membership. The decisions of an elected mayor would need to continue to be scrutinised but the number of committees could be reduced to as few as one. It is our recommendation that there continue to be six scrutiny committees as they are in the existing Constitution.

Do you agree? YesNoNo opinion

Results*22120

The Ceremonial Mayor (Part 4, Section 1)

The Mayor of Salford carried out ceremonial duties on behalf of the city and has social precedence as the Queen’s first citizen. The Mayor also chairs council meetings. It would not be possible for an elected mayor to chair council meetings themselves but they could decide to get rid of the ceremonial mayor and nominate someone else to chair council meetings. It is our recommendation that the ceremonial mayor continues to have the same duties and responsibilities under the new Constitution.

Do you agree? YesNoNo opinion

Results*27 7 1

The following are statutory requirements and are therefore not open to consultation:

Term of Office for the Elected Mayor

The term of office for an elected mayor is four years and there are no restrictions on how many times a person may stand for election as mayor. The Constitution must be updated to reflect this.

Police and Crime Panel

This panel will be introduced next year. Under the current system the council members would be expected to appoint a councillor to represent the council on this panel. If an elected mayor is brought in they would be the person with the right to sit on the panel themselves or nominate somebody to take on this role.