Agenda, decisions and minutes

14. Constitution - Proposed Amendments.

Sue Smith, Declaration, as the report referred to the Chief Executive's appraisal process.

The Chairman made the following announcements:

Former Councillor Nigel Randall

The Chairman thanked former Councillor Nigel Randall, who had recently resigned as a district councillor for the Adderbury, Bloxham and Bodicote ward, for his service to the district during his time as a councillor.

Cllr Andrew McHugh

The Chairman welcomed Councillor McHugh to his first Council meeting following the recent by-election. 

Chairman’s Engagements

A copy of the events attended by the Chairman or the Vice-Chairman was published as a supplement to the main agenda pack.

Briefing on the Primary Authority Scheme

The Chairman advised Council that as Members had expressed an interest in receiving a briefing on the Primary Authority scheme, a session had been arranged for Monday 24 October at 6pm, in the Council Chamber, with Chartered Environmental Health Practitioner Kate Harris. This briefing would explain the basis of what Primary Authority is and how it works. The benefits to businesses, regulators and our councils will be explained.

Parliamentary Boundary Review

The Chairman referred to agenda item 12 regarding the consultation on the Parliamentary Boundary review. The consultation was being run by the Boundary Commission for England which was holding a public hearing in the Council Chambers, Oxford Town Hall on Monday 24 October (10am – 8pm) and Tuesday 25 October (9am – 5pm). Further information, including booking information, could be found on the Boundary Commission website

Agenda Item 13,Remuneration for Councillors Appointed as Non-Executive Directors on Graven Hill Companies 

The Chairman advised Members that this item, which had been listed “to follow” on your agenda had now been deferred.

Poppy Appeal

The Chairman showed Members a giant poppy which would be displayed on the front of Bodicote House. Members were asked to make a donation which would be passed on to the British Legion.

Post

The Chairman reminded Members to collect any post from their pigeon holes.

To confirm as a correct record the Minutes of Council held on 18 July 2016 and the Minutes of the Special Meeting of Council held on 18 July 2016.

The minutes of the meeting held on Council held on 18 July 2016 and the Minutes of the Special Meeting of Council held on 18 July 2016 were agreed as correct records and signed by the Chairman.

a)         Minutes of Executive, Lead Member Decisions and Executive Decisions not included in the 28 day notice

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Lead Member Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting of Council on 18 July 2016, one decision has been taken by the Executive which was not included in the 28 day notice on the following item:

·         Local Government Reform in Oxfordshire – Update

b)         Minutes of Committees

The Leader of the Council to formally propose that the minutes of committees as set out in the Minute Book (circulated separately) be received.

a)            Minutes of the Executive, Lead Member Decisions and Executive Decisions made under Special Urgency

Resolved

That the minutes of the meeting of the Executive and Lead Member decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council on 18 July 2016, one Executive decision had been taken by the Executive which was not included in the 28 day notice on “Local Government Reform in Oxfordshire – Update”.

b)           Minutes of Committees

Resolved

That the minutes of Committees as set out in the Minute Book be received.

The Police and Crime Commissioner for Thames Valley, Anthony Stansfeld, the Chief Constable of Thames Valley Police, Francis Hapgood, and the Cherwell Local Area Commander Superintendent, Kath Lowe, will be invited to address Council, following which Members will be able to ask questions.

The Chairman welcomed the Police and Crime Commissioner for Thames Valley, Anthony Stansfeld, the Chief Constable of Thames Valley Police, Francis Habgood, and the Cherwell Local Area Commander Superintendent, Kath Lowe, to the meeting.

The Police and Crime Commissioner and Chief Constable Habgood addressed the meeting regarding policing in Thames Valley. A number of Members asked questions and answers were duly provided.

The Chairman thanked the Police and Crime Commissioner, the Chief Constable and Superintendent Lowe.

a)         Written Questions

            To receive any written questions and answers which have been submitted with advance notice in accordance with the constitution. A written response to the question will be circulated at the meeting.

b)         Questions to the Leader of the Council

The Chairman to invite questions to the Leader of the Council (including any matters arising from the minutes).

Following a response to their question being provided members will be entitled to a follow up or supplementary question.

c)         Questions to Committee Chairmen on the minutes

The Chairman to invite questions to Chairmen of Committees on any matter arising from the minutes of their committee (if any).

a) Written Questions

There were no written questions.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Cherwell District Council position on fracking: Councillor Sean Woodcock

Flytipping: Councillor Surinder Dhesi

Oxfordshire Local Enterprise Partnership (OxLEP) Strategic Economic Plan: Councillor Nick Cotter

Resettlement of refugee families from Syria in the Cherwell district: Councillor Nick Cotter

Communication between Members and Officers: Councillor Hugo Brown

Cherwell District Council representative on the Oxfordshire Health Overview and Scrutiny Committee: Councillor Hannah Banfield

Cherwell District Council and Banbury Town Council work to support Banbury town centre: Councillor Kieron Mallon

Overpayment of National Non-domestic Rates (NNDR) to Department for Communities and Local Government: Councillor Barry Richards

Lead Member for Finance: Councillor George Reynolds

c) Questions to Committee Chairmen on the minutes

One question to Committee Chairman on the minutes of meetings was asked.

Councillor George Reynolds asked a question of Councillor Nick Mawer, Chairman of the Budget Planning Committee relating to Minute 26, Quarter 1 2016-17 – Revenue and Capital Budget Monitoring Report, of the 30 August 2016 meeting of the Budget Planning Committee whereby the Committee had commented on items currently in the Capital Programme.

The Chairman of the Budget Planning Committee duly responded. 

There were no motions.

Report of Chief Executive

Purpose of report

To advise Council of the result of the Adderbury, Bloxham and Bodicote by-election held on 22 September 2016, to note changes to membership of Committees as requested by the Conservative Group and to appoint a representative to the Oxfordshire Health Overview and Scrutiny Committee. 

Recommendations

The meeting is recommended:

 1.1        To note the results of the Adderbury, Bloxham and Bodicote by-election held on 22 September 2016.

1.2         To note the constitution of the Council following the by-election.

1.3         To note the amendments to Committee membership as requested by the Conservative Group following the by-election (paragraph 3.5)

1.4         To appoint a representative to the Oxfordshire Health Overview and Scrutiny Committee.

Resolved

(1)          That the results of the Adderbury, Bloxham and Bodicote by-election held on 22 September 2016 be noted.

(2)          That the constitution of the Council following the by-election: 38 (79%) Conservatives, 8 (17%) Labour and 2 (4%) Independent councillors, be noted.

(3)          That the following amendments to Committee membership as requested by the Conservative Group following the by-election be noted:

Accounts, Audit and Risk Committee

            Add: Councillor Nick Mawer

Budget Planning Committee

Add: Councillor Andrew McHugh

Overview and Scrutiny Committee

Remove: Councillor Nick Mawer

Add: Councillor Andrew McHugh

Planning Committee

Add: Councillor Ian Corkin

            Substitutes

            Remove: Councillor Ian Corkin

Add: Councillor Andrew McHugh

(4)          That authority be delegated to the Head of Law and Governance, in consultation with the Leader of the Council, to appoint a representative to the Oxfordshire Health Overview and Scrutiny Committee.

The Chief Executive submitted a report to advise Council of the result of the Adderbury, Bloxham and Bodicote by-election held on 22 September 2016, to note changes to membership of Committees as requested by the Conservative Group and to appoint a representative to the Oxfordshire Health Overview and Scrutiny Committee. 

Resolved

(1)          That the results of the Adderbury, Bloxham and Bodicote by-election held on 22 September 2016 be noted.

(2)          That the constitution of the Council following the by-election: 38 (79%) Conservatives, 8 (17%) Labour and 2 (4%) Independent councillors, be noted.

(3)          That the following amendments to Committee membership as requested by the Conservative Group following the by-election be noted:

Accounts, Audit and Risk Committee

            Add: Councillor Nick Mawer

Budget Planning Committee

Add: Councillor Andrew McHugh

Overview and Scrutiny Committee

Remove: Councillor Nick Mawer

Add: Councillor Andrew McHugh

Planning Committee

Add: Councillor Ian Corkin

            Substitutes

            Remove: Councillor Ian Corkin

Add: Councillor Andrew McHugh

(4)          That authority be delegated to the Head of Law and Governance, in consultation with the Leader of the Council, to appoint a representative to the Oxfordshire Health Overview and Scrutiny Committee.

Report of Chief Executive

Purpose of report

To provide details of a Community Governance Review (CGR) to be undertaken;  to request appointment of Members to a Working Group for the CGR and to respond to the Parliamentary Boundary Review consultation.

Recommendations

The meeting is recommended:

 1.1        To approve the Terms of Reference for the Community Governance Review (appendix 1).

1.2      To delegate authority to the Head of Law and Governance, in consultation with Group Leaders, to appoint two Members per Political Group to a Working Group to consider the Community Governance Review and the Parliamentary Boundary Review.

1.3      To delegate authority to the Chief Executive to finalise Cherwell District Council’s response to the Parliamentary Boundary Review, in consultation with the Working Group.

Resolved

(1)          That the Terms of Reference for the Community Governance Review (annex to the Minutes as set out in the Minute Book) be agreed.

(2)          That authority be delegated to the Head of Law and Governance, in consultation with Group Leaders, to appoint two Members per Political Group to a Working Group to consider the Community Governance Review and the Parliamentary Boundary Review.

(3)          That authority be delegated to the Chief Executive to finalise Cherwell District Council’s response to the Parliamentary Boundary Review, in consultation with the Working Group

The Chief Executive submitted a report to provide details of a Community Governance Review (CGR) to be undertaken, to request appointment of Members to a Working Group for the CGR and to respond to the Parliamentary Boundary Review consultation.

Resolved

(1)          That the Terms of Reference for the Community Governance Review (annex to the Minutes as set out in the Minute Book) be agreed.

(2)          That authority be delegated to the Head of Law and Governance, in consultation with Group Leaders, to appoint two Members per Political Group to a Working Group to consider the Community Governance Review and the Parliamentary Boundary Review.

(3)          That authority be delegated to the Chief Executive to finalise Cherwell District Council’s response to the Parliamentary Boundary Review, in consultation with the Working Group

** Please note that this report will follow as the Independent Remuneration Panel are meeting on Wednesday 12 October 2016 (after agenda publication) to consider and agree recommendations to Council **

Report of Head of Law and Governance

Purpose of report

To determine the levels of the allowances to be paid to Councillors who are appointed Non-Executive Directors of Graven Hill Companies for the 2016/2017 financial year following the submission of the report of the Council’s Independent Remuneration Panel (IRP) and to approve a mechanism to ensure the legality of any remuneration that might be paid, in future, to councillor directors on council owned companies.

Item deferred

As reported under the Chairman’s announcements, consideration of this item had been deferred.

Report of Head of Law and Governance

Purpose of report

To consider and adopt proposed amendments to the constitution. A similar report is being considered by South Northamptonshire Council on 19 October 2016.

Recommendations

The meeting is recommended to approve the following:

1.1       That the terms of reference of the Joint Commissioning Committee be amended to include the functions set out in section 3.2 of this report.

1.2       That the Monitoring Officer be given the delegated authority to suspend a Statutory Officer in addition to the Head of Paid Service.

1.3       That the Head of Paid Service and Monitoring Officer be given delegated authority to agree settlement agreements and financial settlements for Statutory Officers in consultation with the Leader of the employing Council.

1.4       That all references to the Joint Appraisal Sub-Committee be deleted from the constitution.

1.5       That the existing scheme of delegation to Directors and Heads of Service be amended to enable them to appoint employees to existing posts at the minimum level within the salary band with discretion to appoint to anywhere within the salary band for the post provided this is within  approved budgets.

1.6       That the Head of Law and Governance be requested to amend and update the constitution in light of the above resolutions and be given delegated authority to make any consequential amendments to the constitution.

1.7       That the membership and quorum for the Joint Employee Engagement Committee be amended as set out in section 3.8 of this report.

Resolved

(1)          That the terms of reference of the Joint Commissioning Committee be amended to include the following functions:

The role and responsibilities of the Joint Commissioning Committee with regard to Statutory Officer disciplinary action is to:

·           Deal with minor instances of unsatisfactory conduct at an early stage.

·           Ensure that the Statutory Officer clearly understands the standards of conduct expected of him/her.

·           Carry out, or make arrangements for, an investigation when any breach of discipline is alleged.

·           Ensure that the Statutory Officer subject to investigation is kept up-to-date with progress.

·           Decide, in the most serious cases whether or not to suspend or (where the Statutory Officer has already been suspended by the Head of Paid Service or Monitoring Officer under their delegated powers) to continue the suspension of the Statutory Officer, in accordance with the Statutory Officer disciplinary policy.

·           Report to Full Council (of the employing authority) in respect of a recommendation to dismiss, having convened a Panel comprising Independent Persons in accordance with the Officer Employment Procedure Rules.

(2)          That the Monitoring Officer be given the delegated authority to suspend a Statutory Officer in addition to the Head of Paid Service.

(3)          That the Head of Paid Service and Monitoring Officer be given delegated authority to agree settlement agreements and financial settlements for Statutory Officers in consultation with the Leader of the employing Council.

(4)          That all references to the Joint Appraisal Sub-Committee be deleted from the constitution.

(5)          That the existing scheme of delegation to Directors and Heads of Service be amended to enable them to appoint employees to existing posts at the minimum level within the salary band with discretion to appoint to anywhere within the salary band for the post provided this is within  approved budgets.

(6)          That the Head of Law and Governance be requested to amend and update the Constitution in light of the above resolutions and be given delegated authority to make any consequential amendments to the constitution.

(7)          That the membership and quorum for the Joint Councils Employee Engagement Committee be amended as follows:

·         Amend the employee representation to 2 representatives from Cherwell’s recognised trade union, 1 representative from South Northamptonshire’s recognised trade union and 3 members appointed by the Employee Council

·         Members of the Joint Employee Council are able to substitute for the trade union representatives if they cannot find a substitute from their trade union

·         Amend the quorum for the meeting to 2 representatives from the Council side, (1 from Cherwell and 1 from SNC) and 2 Employee representatives (be they from the recognised unions and/or the Joint Employee Council)

The Head of Law and Governance submitted a report to consider and adopt proposed amendments to the constitution. A similar report was being considered by South Northamptonshire Council on 19 October 2016.

Resolved

(1)          That the terms of reference of the Joint Commissioning Committee be amended to include the following functions:

The role and responsibilities of the Joint Commissioning Committee with regard to Statutory Officer disciplinary action is to:

·           Deal with minor instances of unsatisfactory conduct at an early stage.

·           Ensure that the Statutory Officer clearly understands the standards of conduct expected of him/her.

·           Carry out, or make arrangements for, an investigation when any breach of discipline is alleged.

·           Ensure that the Statutory Officer subject to investigation is kept up-to-date with progress.

·           Decide, in the most serious cases whether or not to suspend or (where the Statutory Officer has already been suspended by the Head of Paid Service or Monitoring Officer under their delegated powers) to continue the suspension of the Statutory Officer, in accordance with the Statutory Officer disciplinary policy.

·           Report to Full Council (of the employing authority) in respect of a recommendation to dismiss, having convened a Panel comprising Independent Persons in accordance with the Officer Employment Procedure Rules.

(2)          That the Monitoring Officer be given the delegated authority to suspend a Statutory Officer in addition to the Head of Paid Service.

(3)          That the Head of Paid Service and Monitoring Officer be given delegated authority to agree settlement agreements and financial settlements for Statutory Officers in consultation with the Leader of the employing Council.

(4)          That all references to the Joint Appraisal Sub-Committee be deleted from the constitution.

(5)          That the existing scheme of delegation to Directors and Heads of Service be amended to enable them to appoint employees to existing posts at the minimum level within the salary band with discretion to appoint to anywhere within the salary band for the post provided this is within  approved budgets.

(6)          That the Head of Law and Governance be requested to amend and update the Constitution in light of the above resolutions and be given delegated authority to make any consequential amendments to the constitution.

(7)          That the membership and quorum for the Joint Councils Employee Engagement Committee be amended as follows:

·         Amend the employee representation to 2 representatives from Cherwell’s recognised trade union, 1 representative from South Northamptonshire’s recognised trade union and 3 members appointed by the Employee Council

·         Members of the Joint Employee Council are able to substitute for the trade union representatives if they cannot find a substitute from their trade union

·         Amend the quorum for the meeting to 2 representatives from the Council side, (1 from Cherwell and 1 from SNC) and 2 Employee representatives (be they from the recognised unions and/or the Joint Employee Council)

Report of Head of Law and Governance and Assistant Director – Transformational Governance

Purpose of report

To consider and adopt the updated protocol on roles and conflicts of Interest and Ethical Walls procedure.

Recommendations

The meeting is recommended:

1.1      To consider and adopt the updatedProtocol on the Respective Roles of Members and Officers and Dealing with Conflicts of Interest and Ethical Walls Procedure, subject to a similar decision being taken by South Northamptonshire Council.

Resolved

(1)          That, having given due consideration, the updatedProtocol on the Respective Roles of Members and Officers and Dealing with Conflicts of Interest and Ethical Walls Procedure (annexes to the Minutes as set out in the Minute Book), subject to a similar decision being taken by South Northamptonshire Council, be adopted.

The Head of Law and Governance and Assistant Director – Transformational Governance submitted a report to consider and adopt the updated protocol on roles and conflicts of Interest and Ethical Walls procedure.

Resolved

(1)          That, having given due consideration, the updatedProtocol on the Respective Roles of Members and Officers and Dealing with Conflicts of Interest and Ethical Walls Procedure (annexes to the Minutes as set out in the Minute Book), subject to a similar decision being taken by South Northamptonshire Council, be adopted.

Report of Head of Law and Governance and Assistant Director- Transformational Governance

Purpose of report

To consider and adopt a Joint Indemnities Policy for Members and officers.

Recommendations

The meeting is recommended:

1.1       To adopt pursuant to the Local Authorities (Indemnities for Members and Officers) Order 2004 (“the Order”) an indemnity to Members and to officers of the Council in the terms set out in Appendix 1.

1.2       To agree that theChief Finance Officer securesinsurancetocovertheliabilityundertheindemnity in theeventthatsuchcoverisavailableandsubjecttohimbeingsatisfiedthatsuchaction wouldbefinanciallyprudent.

1.3       To agree thattheappointmentofa Membertoa positionwithanorganisation whichcomeswithintheindemnityshallbe treatedas an appointment to a role which is deemed to part of the role of an elected member for the purposes of the CDC Members’ Code of Conduct.

1.4       To agree thatit be deemed that appointments of Members and officers to organisations (including those where the Council nominates and the organisation formally appoints) be deemedas“advancingtheinterestoftheCouncil”forthepurposestheTermsofIndemnity.

Resolved

(1)          That, pursuant to the Local Authorities (Indemnities for Members and Officers) Order 2004 (“the Order”) an indemnity to Members and to officers of the Council in the terms set out in the annex to the Minutes (as set out in the Minute Book) be adopted.

(2)          That it be agreed that theChief Finance Officer securesinsurancetocovertheliabilityundertheindemnity in theeventthatsuchcoverisavailableandsubjecttohimbeingsatisfiedthatsuchaction wouldbefinanciallyprudent.

(3)          That it be agreed thattheappointmentofa Membertoa positionwithanorganisation whichcomeswithintheindemnityshallbe treatedas an appointment to a role which is deemed to part of the role of an elected member for the purposes of the CDC Members’ Code of Conduct.

(4)          That it be agreed thatit be deemed that appointments of Members and officers to organisations (including those where the Council nominates and the organisation formally appoints) be deemedas“advancingtheinterestoftheCouncil”forthepurposestheTermsofIndemnity.

The Head of Law and Governance and Assistant Director- Transformational Governance submitted a report to consider and adopt a Joint Indemnities Policy for Members and officers.

Resolved

(1)          That, pursuant to the Local Authorities (Indemnities for Members and Officers) Order 2004 (“the Order”) an indemnity to Members and to officers of the Council in the terms set out in the annex to the Minutes (as set out in the Minute Book) be adopted.

(2)          That it be agreed that theChief Finance Officer securesinsurancetocovertheliabilityundertheindemnity in theeventthatsuchcoverisavailableandsubjecttohimbeingsatisfiedthatsuchaction wouldbefinanciallyprudent.

(3)          That it be agreed thattheappointmentofa Membertoa positionwithanorganisation whichcomeswithintheindemnityshallbe treatedas an appointment to a role which is deemed to part of the role of an elected member for the purposes of the CDC Members’ Code of Conduct.

(4)          That it be agreed thatit be deemed that appointments of Members and officers to organisations (including those where the Council nominates and the organisation formally appoints) be deemedas“advancingtheinterestoftheCouncil”forthepurposestheTermsofIndemnity.

Report of Chief Finance Officer

Purpose of report

This report summarises the changes to the arrangements for appointing External Auditors following the closure of the Audit Commission and the end of the transitional arrangements at the conclusion of the 2017/18 audits.

Recommendations

Council should consider their preferred approach from the following options the recommendation of the Accounts Audit and Risk Committee being to approve 1.3 below:   

1.1       Establishing a stand-alone Auditor Panel to make the appointment on behalf of the Council.

1.2       Commencing work on exploring the establishment of local joint procurement arrangements with neighbouring authorities

1.3       Supporting the Local Government Association (LGA) in setting up a national Sector Led Body by indicating intention to “opt-in”

Resolved

(1)          That the recommendation of the Accounts Audit and Risk Committee to support the Local Government Association (LGA) in setting up a national Sector Led Body by indicating intention to “opt-in” be agreed.      

The Chief Finance Officer submitted a report which summarised the changes to the arrangements for appointing External Auditors following the closure of the Audit Commission and the end of the transitional arrangements at the conclusion of the 2017/18 audits.

Resolved

(1)          That the recommendation of the Accounts Audit and Risk Committee to support the Local Government Association (LGA) in setting up a national Sector Led Body by indicating intention to “opt-in” be agreed.      

Report of Chief Executive

Purpose of report

To notify full council of urgent action taken by the Chief Executive as set out below.

Recommendations

The meeting is recommended:

1.1      To note the urgent action taken by the Chief Executive in relation to the budget implications as identified within paragraph 7.1 of the attached Executive report.

Resolved

(1)          That the urgent action taken by the Chief Executive to allocate capital receipts of £325,000 for the capital scheme for the Contract Award for the demolition of the Bolton Road Car Park be noted.

The Chief Executive submitted a report to notify Full Council of urgent action she had taken in relation to the contract award for the demolition of the Bolton Road Car Park.

Resolved

(1)          That the urgent action taken by the Chief Executive to allocate capital receipts of £325,000 for the capital scheme for the Contract Award for the demolition of the Bolton Road Car Park be noted.

There being no questions on the exempt minutes, it was not necessary to exclude the press and public.

Members of Council will ask questions on exempt minutes, if any.

There were no questions on exempt minutes.