Issue - meetings

Report of Head of Legal and Democratic Services

Summary

To consider arrangements for adopting the so called ‘Strong Leader’ model of Executive governance as required by the Local Government and Public Involvement in Health Act 2007, until this act is repealed later in the year.

Recommendations

The Executive is recommended to:

(1)               Note that the Government intend to repeal these requirements later in the year and consequently to agree a minimal response to ensure legislative compliance as set out in the following recommendations and endorsed by the minister in his letter as set out in Appendix 1.

(2)               Note that Cherwell already operates a Strong Leader Model

(3)               Agree the proposals in 1.3 to 1.7 in the report, including the changes to the approval process for the Scheme of Delegation, the appointment of Leader and Annual Council and recommend them to Council for approval.

(4)               Agree that a summary of the proposed changes be placed on the internet and any responses will be reported to Council.

(5)               Agree that the Head of Legal and Democratic Services be requested to draft constitutional amendments for consideration by Council to implement the changes.

Recommendations Approved

The Head of Legal and Democratic Services submitted a report to consider arrangements for adopting the so called ‘Strong Leader’ model of Executive governance as required by the Local Government and Public Involvement in Health Act 2007, until this clause is repealed later in the year.

Resolved

(1)               That it be noted that the Government intend to repeal these requirements later in the year and consequently to agree a minimal response to ensure legislative compliance as set out in the following recommendations and endorsed by the minister in his letter.

(2)               That it be noted that Cherwell already operates a Strong Leader Model

(3)               That the proposals set out below, including the changes to the approval process for the Scheme of Delegation, the appointment of Leader and Annual Council and recommend them to Council for approval be agreed:

·        That the following minimal actions be taken to ensure the council complies with legislative requirements until the requirements are repealed.

·        That the constitution be amended to confirm the Leader of the Council’s power to determine the size of the Executive, appoint members of the Executive, allocate all Executive functions and serve for a four year term of office.

·        That the constitution be amended to confirm the method by which the Leader may be removed from office.

·        That the constitution be amended to allow the Leader of the Council to make changes to the scheme of delegation, however these will not take effect until, they are reported to Council.

·        That the constitution be amended with regard to the procedure to be followed at Annual Council in light of the above proposals.

(4)               That a summary of the proposed changes be placed on the internet and any responses be reported to Council.

(5)               That the Head of Legal and Democratic Services be requested to draft constitutional amendments for consideration by Council to implement the changes.

Reasons

Under the Local Government and Public Involvement in Health Act 2007, local authorities which had previously adopted an Executive and Leader model of governance are required to consult on changing to either a directly elected mayor or new style leader and Executive. This was part of a rolling 3 year programme beginning with counties, then unitaries and finally districts by 31 December 2010.

The Local Government Act 2000 requires local authorities to consult on any such change to governance arrangements; however the coalition government has informed all district council’s that this consultation should not incur significant expenditure and should be minimal, as it is intended to repeal the legislation later in the year. However it is the law now and the council must comply with it.

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