Agenda, decisions and minutes

The Chair welcomed Members, officers and the press and public to the extraordinary Council meeting.

The Chair welcomed Nathan Elvery, interim Chief Operating Officer, and Shahin Ismail, recommended appointee as interim Monitoring Officer, to their first meeting at Cherwell District Council.

8. Appointment of Interim Monitoring Officer.

Shahin Ismail, Declaration, as she was to be proposed to be appointed Monitoring Officer for Cherwell District Council on an interim basis and would leave the meeting for the duration of the item.

9. Appointment of Section 151 Officer.

Michael Furness, Declaration, as he was to be proposed to be appointed Section 151 Officer for Cherwell District Council and would leave the meeting for the duration of the item.

To receive communications from the Chair and/or the Leader of the Council.

The Chair made the following announcements:

Extraordinary Council meeting

The Chair reminded Members that as this was an extraordinary meeting, the minutes of committees were not taken and there were no questions or motions on the agenda. These items would be included on the agenda at the next scheduled Council meeting on Monday 28 February.

Addressing Council, length of speeches and voting

The Chair reminded Members of the length of speeches and the approach he would apply with regards seconders speaking on reports and motions.  

Members’ Pigeon Holes

The Chair reminded Members to check their pigeon hole and remove any post.

The Chair to report on any requests to submit petitions or to address the meeting.

Addresses may be presented by:

·         A Local Government elector for the area,

·         A person who is wholly or mainly resident in the area,

·         A Council Taxpayer or National Non-Domestic Ratepayer for the area

Addresses must be on an item on the Agenda before the meeting and not exceed 5 minutes. No person may address more than one meeting on any particular issue.

Requests to address the meeting (including the reason for the address) should be submitted to democracy@cherwell-dc.gov.uk The deadline petitions has passed. The deadline for requests to address this meeting is noon on Friday 4 February 2022.  

Full details of public participation at meetings is available in the Constitution.

To confirm as a correct record the Minutes of Council held on 13 December 2021.

The minutes of the meeting held on 13 December 2021 were agreed as a correct record and signed by the Chairman.

** Please note this report will follow as the Joint Shared Services and Personnel Committee which will make recommendations to Council meets after agenda publication, on 1 February 2022 **

Report of Chief Executive

Resolved

Subject to no amendments to the proposed recommendations when  considered at Oxfordshire County Council’s Full Council meeting on 8 February 2022:

(1)           That the s.113 partnership with Oxfordshire County Council be terminated.

(2)           That Oxfordshire County Council be formally notified of Cherwell District Council’s decision to give 6 months’ notice of its intention to terminate the s.113 Agreement dated 31 August 2018 regarding joint working between the two authorities.

(3)           That the ongoing role of the Joint Shared Services and Personnel Committee (JSSP) in providing suitable oversight and decision-taking concerning the termination of the s.113 Agreement be agreed.

(4)           That a revised Terms of Reference for the JSSP (Annex to the Minutes as set out in the Minute Book) be adopted.

(5)           That the Partnership Working Group be disbanded and the conclusion of its business be noted.

(6)           That the Chief Executive of Cherwell District Council be instructed to work alongside Oxfordshire County Council officers to establish a Joint Officer Transition Working Group

(7)           That the Financial Principles for the termination of the s.113 Agreement (annex to the Minutes as set out in the Minute Book) be adopted.

(8)           That amendments to the existing dispute resolution process as set out in the Annex to the Minutes (as set out in the Minute Book) be agreed.  

(9)           That the Monitoring Officer be requested to undertake a review of the existing Scheme of Delegation to ensure that decision making is both effective and efficient.

(10)        That responsibility be delegated to the Monitoring Officer to undertake amendments to the Council’s Constitution to reflect the resolutions arising from this report to Council.

(11)        That it be agreed to keep the best interests of its mutual residents at the centre of its decision making, endeavouring to ensure that such actions will not be to their detriment.

The Chief Executive submitted a report for Council to agree the arrangements to end the formal partnership arrangements between Cherwell District Council and Oxfordshire County Council. 

Resolved

Subject to no amendments to the proposed recommendations when  considered at Oxfordshire County Council’s Full Council meeting on 8 February 2022:

(1)          That the s.113 partnership with Oxfordshire County Council be terminated.

(2)          That Oxfordshire County Council be formally notified of Cherwell District Council’s decision to give 6 months’ notice of its intention to terminate the s.113 Agreement dated 31 August 2018 regarding joint working between the two authorities.

(3)          That the ongoing role of the Joint Shared Services and Personnel Committee (JSSP) in providing suitable oversight and decision-taking concerning the termination of the s.113 Agreement be agreed.

(4)          That a revised Terms of Reference for the JSSP (Annex to the Minutes as set out in the Minute Book) be adopted.

(5)          That the Partnership Working Group be disbanded and the conclusion of its business be noted.

(6)          That the Chief Executive of Cherwell District Council be instructed to work alongside Oxfordshire County Council officers to establish a Joint Officer Transition Working Group

(7)          That the Financial Principles for the termination of the s.113 Agreement (annex to the Minutes as set out in the Minute Book) be adopted.

(8)          That amendments to the existing dispute resolution process as set out in the Annex to the Minutes (as set out in the Minute Book) be agreed. 

(9)          That the Monitoring Officer be requested to undertake a review of the existing Scheme of Delegation to ensure that decision making is both effective and efficient.

(10)       That responsibility be delegated to the Monitoring Officer to undertake amendments to the Council’s Constitution to reflect the resolutions arising from this report to Council.

(11)       That it be agreed to keep the best interests of its mutual residents at the centre of its decision making, endeavouring to ensure that such actions will not be to their detriment.

** Please note this report will follow as discussions on arrangements are being reviewed and the report finalised accordingly **

Report of Chief Executive

Resolved

(1)           That Shahin Ismail be appointed as the Council’s Monitoring Officer on an interim basis with effect from 9 February 2022.

The Chief Executive submitted a report for Council to appoint a Monitoring Officer on an interim basis in place of Anita Bradley, Director of Law and Governance, in light of the end of formal partnership working arrangements between Cherwell District Council and Oxfordshire County Council. 

On behalf of Council, the Chair thanked Anita Bradley for her services and diligence as the council’s Monitoring Officer over the past thirteen months.

Resolved

(1)          That Shahin Ismail be appointed as the Council’s Monitoring Officer on an interim basis with effect from 9 February 2022.

Following her appointment and return to the Chamber, Shahin Ismail addressed Council, thanked Members for her appointment and commented that she was looking forward to working with them.

** Please note this report will follow as discussions on arrangements are being reviewed and the report finalised accordingly **

Report of Chief Executive

Resolved

(1)           That Michael Furness be appointed as the Council’s Section 151 Officer with effect from 9 February 2022.

The Chief Executive submitted a report for Council to appoint a Section 151 (S151) Officer in place of Lorna Baxter, in light of the end of formal partnership working arrangements between Cherwell District Council and Oxfordshire County Council. 

On behalf of Council, the Chair thanked Lorna Baxter for her hard work and service as the council’s Section 151 Officer over the past two years.

Resolved

(1)          That Michael Furness be appointed as the Council’s Section 151 Officer with effect from 9 February 2022.

Following his appointment and return to the Chamber, Michael Furness addressed Council, thanked Members for appointing him as Section 151 Officer and that he was looking forward to his new role.