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Governance Review

 

 

Meeting: 26/02/2020 - Council (Item 134)

134 Reports - Scrutiny Committee – Report of the meeting held on 27 January 2020 (1-50-41) pdf icon PDF 76 KB

To receive and consider the reports, minutes and recommendations of the meetings as follows:

 

 

2)    Scrutiny Committee

 

-            27 January 2020

-            24 February 2020 – to follow

           

3)    Audit Committee

 

-      28 January 2020         

           

4)    Environment Policy Development Group

 

-            14 January 2020

-            30 January 2020

 

5)    Homes Policy Development Group

 

-            21 January 2020

 

6)   Economy Policy Development Group

 

-             23 January 2020

 

7)    Community Policy Development Group

 

-            28 January 2020

 

8)    Planning Committee

 

-            15 January 2020

-            12 February 2020

 

9)   Standards Committee

 

-         5 February 2020

Additional documents:

Minutes:

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 27 January 2020.

 

Meeting: 05/02/2020 - Standards Committee (Item 27)

27 GOVERNANCE ARRANGEMENTS (00-03-47) pdf icon PDF 86 KB

To consider the following recommendation from the Cabinet:

 

The Standards Committee be asked to recommend to Council that the changes to the current arrangements set out in part 3 of this report be agreed and the Constitution amended accordingly and the Monitoring Officer be asked to draft the changes to the Constitution required to implement those changes for consideration by the Standards Committee. (Original report to Cabinet attached)

 

Additional documents:

Minutes:

The Committee had been requested to consider the following recommendation from the Cabinet:

 

The Standards Committee be asked to recommend to Council that the changes to the current arrangements set out in part 3 of the report be agreed and the Constitution amended accordingly and that the Monitoring Officer be asked to draft the changes to the Constitution required to implement those changes for consideration by the Standards Committee.

 

The Committee had before it the original report* of the Head of Legal (Monitoring Officer) to the Cabinet meeting (19 December 2019), a **paper outlining proposed changes to Cabinet Procedure Rules and Access to Information Rules.

 

The Head of Legal (Monitoring Officer) highlighted the options within the Cabinet report and the tracked changes documents which identified how those changes would translate into the constitution.

 

Consideration was given to:

 

·         The Governance review taking place

·         The option for the Cabinet to self-refer to the Council for a view on an issue before a decision was taken by the Cabinet

·         Pre-decision scrutiny

·         Whether reports to Cabinet should include a section setting out whether the decision was in the Budget and the Policy Framework which would clearly identify whether a decision was one to be made by the Cabinet or to be taken by Full Council

 

It was therefore

 

RECOMMENDED to Council that:

 

i)       The changes as set out in Part 3 of the report be agreed; and that

 

ii)      The following paragraphs be added to the Cabinet Procedure Rules within the Constitution:

 

3.0  Cabinet may consult Council

 

3.1  Where it appears to the Cabinet that a decision involves matters on which it would like to receive the views of members at a meeting of the Council, the Cabinet may resolve so to do. 

 

3.2  The effect of a resolution under Rule 3.1, is that the decision will stand deferred to the next meeting of the Cabinet which follows the Council’s consideration of the matter in question.

 

3.3  For the avoidance of doubt,

 

(a)         a resolution under Rule 3.1 is entirely a matter for the Cabinet at its absolute discretion;

 

(b)         the views of the Council are not binding on the Cabinet; and

 

(c)          nothing in this Rule 3 (or a decision or resolution under it) transfers responsibility for any function or matter to the Council where, under this Constitution and the Local Authorities (Functions and Responsibilities) Regulations 2000, such function or matter is the responsibility of the Cabinet.     

iii)  Rule 16.4 within Access to Information Procedure Rules be amended to read: As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16.3 (and in any event by no later than the next working day), a notice of the decision must be published setting out the reasons why the decision is urgent and has been taken under this Rule 16.

 

iv)   Rule 17.3 – Report to Council be amended to read: The Leader will report all Cabinet decisions taken under Rule 16 (special urgency) to the next meeting of the Council,  ...  view the full minutes text for item 27

Meeting: 19/12/2019 - Cabinet (Item 99)

99 Governance Review (00-34-00) pdf icon PDF 86 KB

To consider a report of the Monitoring Officer outlining the current governance arrangements and discussing the potential for a Governance Working Group to review arrangements and make recommendations.

 

Minutes:

The Cabinet had before it a *report of the Group Manager for Legal Services and Monitoring Officer outlining the current governance arrangements and discussing the potential for a Governance Working Group to review arrangements and make recommendations.

 

The Leader outlined the contents of the report stating that a working group had been suggested to look at various different forms of governance.

 

Responding to the questions posed in public question time, the Leader and the Monitoring Officer stated that the Cabinet were taking a review of governance arrangements seriously, stakeholders would include members of the public, the terms of reference of the working group would set out who would be requested to attend the meetings and information would be gathered from various sources which would include the Local Government Association and other councils.

 

Consideration was given to:

 

·         Option 1 within the report and that it was felt that this would be of benefit in the short-term to the current Cabinet

·         A possible amendment to the recommendation to expand on the reasons for the formation of a working group

 

RECOMMENDED that:

 

The Standards Committee be asked to recommend to Council that the changes to the current arrangements set out in part 3 of this report be agreed and the Constitution amended accordingly and the Monitoring Officer be asked to draft the changes to the Constitution required to implement those changes for consideration by the Standards Committee.

 

(Proposed by Cllr Mrs N Woollatt and seconded by Cllr G Barnell)

 

In consequence of the discussion, a revised recommendation was proposed expanding on the proposed purpose of the Working Group and the scope of the review

 

 

RECOMMENDED to Council that a politically-balanced Governance Working Group be established, such working group to:

 

(a)   comprise 12 members;

(b)   carry out a comprehensive review of Council governance arrangements in order to identify the different options available to bring together best practice and develop a model tailored to the needs and aspirations of Mid Devon’s residents and stakeholders. Such review to include - 

(i)     exploring the views of members and other stakeholders;

(ii)    taking advice where appropriate from experts in the field; and

(iii)   identifying the cost and value for money implications;  

(c)   Report its findings, options and recommendations to the Council (via the Standards Committee where major changes are proposed to the Constitution); and

(d)   ensure that such recommendations are made by no later than December 2020 with a view to any changes taking effect for the municipal year 2021/22

 

(Proposed by Cllr Mrs N Woollatt and seconded by Cllr G Barnell)

Note:  *Report previously circulated, copy attached to minutes.

 

Meeting: 21/11/2019 - Cabinet (Item 89)

89 Governance Review (1-44-04) pdf icon PDF 74 KB

To consider a report of the Group Manager for Legal Services and Monitoring Officer considering the current governance arrangements and some suggested changes which might, if Members agree, improve them.

 

Minutes:

The Cabinet had before it a * report of the Group Manager for Legal Services and Monitoring Officer considering the current governance arrangements.

The Leader outlined the contents of the report stating that the report sought to offer options for consideration with regard to possible changes that could be made to enhance the current governance arrangements.  Although the report did not consider a full review of the governance arrangements some of the options may be useful in the meantime.

Consideration was given to:

·         The restrictions of the Cabinet system and that the report did not satisfy those who had concerns

·         The need for a member led review to consider options available

·         Doubts with regard to the Cabinet system and the need to include all members in decision-making

·         The manner in which certain decisions had been made by the previous administration and the need to avoid such situations arising again

 

RESOLVED that the item be deferred to the next meeting to allow the report to be amended to include a recommendation for a full review of governance arrangements.

(Proposed by Cllr G Barnell and seconded by Cllr Mrs N Woollatt)

 

Note:  *Report previously circulated, copy attached to minutes.