OXFORDSHIRE COUNTY COUNCIL

MINUTES of the meeting of the County Council held at County Hall on Tuesday 16 October 2001 commencing at 10.00 am and finishing at 4.10 pm

Present:

Councillor C.H. SHOULER – in the chair

Councillors:

MINUTES OF THE LAST MEETING

(Agenda Item 1)

RESOLVED: that the Minutes of the meeting of Council held on 4 September 2001 be approved and signed as a correct record.

APOLOGIES FOR ABSENCE

(Agenda Item 3)

Apologies for absence were received from Councillors Kieron Mallon and Norman Matthews.

LOCAL GOVERNMENT ACT 2000 :

NEW POLITICAL MANAGEMENT ARRANGEMENTS

(Agenda Item 7)

1. New Constitution

The Council had before them an officer report containing remaining elements of the Constitution that were required to be approved to enable the new political management arrangements to be implemented on the target date of 5 November 2001. A schedule of errata was tabled by the Chief Executive and a copy is attached to the signed Minutes.

Councillor Mitchell moved and Councillor Margaret Godden seconded the following motion:-

"that the Council:-

1. formally resolve to implement new executive arrangements based on a Leader and Cabinet model with effect from 5 November 2001;
2. subject to:
1. formal approval by the Executive of the agency and joint arrangements so far as relating to executive functions listed in Annex 5; and
2. the Chief Executive being authorised to amend Annex 6 ("Officers") to reflect any changes in the structure of the central departments determined following the current consultations with staff as agreed by the Strategy & Resources Committee on 25 September 2001;

approve the proposals at Annexes 1 – 12, amended as set out in the schedule of errata tabled by the Chief Executive, for incorporation in the Council’s new Constitution, for implementation from 5 November 2001;

3. pending the production and approval by the Council of new Financial Regulations and Contracts Standing Orders, agree that the existing Financial Regulations and Contracts Standing Orders will operate, subject to:
1. all references in those documents to committees and sub-committees being deemed to be references to the Executive or to committees of the Council, whichever is appropriate under the new arrangements; and
2. incorporation of the procedure to be followed in the making of contracts in connection with functions which are the responsibility of the Executive as laid down by the Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001;
4. direct that, in the case of any existing authorisation given to an officer to perform any action subject to consultation with the Group Spokespersons for a committee or sub-committee, that authorisation shall continue to have effect subject to consultation:
1. in the case of an executive function, with the relevant Executive Member; and
2. in any other case, with the Chair(man) and Deputy Chair(man) of the relevant Committee;
5. agree that "chair" and "chairman" should be regarded as equally acceptable usage, and that this should be reflected in written documentation by the expressions "chair(man)" and "chairs(chairmen)"."

1. the position of Deputy Leader of the Opposition will be formally recognised by the Council, and that he/she will come from the largest political group on the Council which is not the Group(s) from which the Executive is drawn;
2. the Council will formally recognise that, for each member of the Executive, the Opposition will nominate a spokesperson to speak for the Opposition on matters falling within the area of responsibility of each Executive Member;"

1. The Right to allow the Public to Speak and have a Right of Reply

Amend recommendation 7(a) to add:

‘subject to the Constitution being amended to give members of the public addressing a motion the right to speak and reply before a vote is taken’

2. Expanding Standards Committee to include representative from each Party Group

Amend recommendation 7(a) to add:

‘subject to the following amendments to the Constitution:

Annex 4

2(a) First bullet point. Amend to "7 Councillors – at least one from each political group…"

4(1) … shall not be quorate unless at least 4 members…

3. Ensuring that Members outside of the Executive get to represent the Council on joint committees when the issues are not Countywide.

Amend recommendation 7(a) to add:

‘subject to the following amendments to the Constitution:

Annex 5

3(d) Change ‘The Executive may appoint’ to ‘The Executive shall seek to appoint’

4. Enhancing the proposal for Members Question Time

Amend recommendation 7(a) to add:

‘subject to the following amendments to the Constitution:

Annex 8

(9) Retitle to ‘Members Question Time’

(9)(c) Change from ’30’ to ‘60’ minutes.

(h) Add after first ‘supplementary question’ ‘or short statement lasting no more than 3 minutes’. Add after second supplementary question change to read ‘or statement must pertain directly to the subject matter of the original question or the reply. The Chair(man) may silence a Member on any of the grounds in (e) above.’

5. Ensuring wider access to Officer Briefing

Amend recommendation 7(a) to add:

‘subject to the following amendment to the Constitution:

Annex 9

23.2(a)/24.1(a) Amend to allow access to any briefings from officers except those to political groups.’

6. Annex 8

(2) Add new (xii) ‘receive questions from members of the Council, with prior notice, which require outside bodies or organisations to respond. The named body or organisation will be invited to send a representative to answer the question. If no representative is able to attend then the questions will be passed on in writing and the answer reported to the next Council’.

7. Annex 9

9. add ‘A declaration of public rights will be prominently displayed in the Lobby Area.’

8. Annex 10

1. to agree that "chair", "chairwoman" and "chairman" should be regarded as equally acceptable usage, and that this should be reflected in written documentation by the expressions "chair/chairwoman/chairman" and "chairs/chairwomen/chairmen".

1. formally to implement new executive arrangements based on a Leader and Cabinet model with effect from 5 November 2001;
2. subject to:

1. formal approval by the Executive of the agency and joint arrangements so far as relating to executive functions listed in Annex 5; and
2. the Chief Executive being authorised to amend Annex 6 ("Officers") to reflect any changes in the structure of the central departments determined following the current consultations with staff as agreed by the Strategy & Resources Committee on 25 September 2001;

1. pending the production and approval by the Council of new Financial Regulations and Contracts Standing Orders, to agree that the existing Financial Regulations and Contracts Standing Orders would operate, subject to:

1. all references in those documents to committees and sub-committees being deemed to be references to the Executive or to committees of the Council, whichever was appropriate under the new arrangements; and
2. incorporation of the procedure to be followed in the making of contracts in connection with functions which were the responsibility of the Executive as laid down by the Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001;

1. to direct that, in the case of any existing authorisation given to an officer to perform any action subject to consultation with the Group Spokespersons for a committee or sub-committee, that authorisation would continue to have effect subject to consultation:

1. in the case of an executive function, with the relevant Executive Member; and
2. in any other case, with the Chair(man) and Deputy Chair(man) of the relevant Committee;

1. to agree that "chair", "chairwoman" and "chairman" should be regarded as equally acceptable usage, and that this should be reflected in written documentation by the expressions "chair/chairwoman/chairman" and "chairs/chairwomen/chairmen".

1. Appointments

RESOLVED: (on a motion by Councillor Mitchell, seconded by Councillor Margaret Godden and carried by 50 votes to 2) to make the following appointments:-

LEADER OF THE COUNCIL	Keith R. Mitchell
DEPUTY LEADER OF THE COUNCIL	Margaret Godden
LEADER OF THE OPPOSITION	Brian Hodgson
DEPUTY LEADER OF THE OPPOSITION	Sylvia Tompkins

 

THE EXECUTIVE (9)

In addition to the Leader and Deputy Leader of the Council, 7 Executive Members as follows:-

Schools	Tony Crabbe
Learning & Culture	Neil Fawcett
Transport	Roy Tudor Hughes
Strategic Planning & Waste Management	Anne Purse
Children & Young People	Janet Godden
Community Care & Health	Don Seale
Community Safety	John Farrow

 

SCRUTINY COMMITTEES

CORPORATE GOVERNANCE (15)

Conservative (5)	Labour (5)	Liberal Democrat (4)
Fulljames	Brighouse	Crawford
Heathcoat	Hodgson	Fooks
Law	Hudson	Johnston
Viney	MacKenzie	Moley
Wilmshurst	Tompkins
		Green (1)
		Simmons

LEARNING & CULTURE (19)

Conservative (6)	Labour (5)	Liberal Democrat (4)
Fitzgerald-O’Connor	Brown	Bryden
Hastings	Evans	Moley
Hayward	Ferriman	Patrick
Mallon	Karmali	Turner
Robertson	Witcher
Sanders

 

Voting Co-optees (4)

Representing the Church of England: Revd Dr John Gay

Representing the Roman Catholic Church: Mr A. Graham

Parent Governor Representatives:

Secondary and Special: Mr S. Terry

Primary: Vacancy

ENVIRONMENT (15)

Conservative (6)	Labour (5)	Liberal Democrat (4)
Bulley	Hudson	Bryden
Fulljames	Joslin	Crawford
Greene	R. Mold	Fooks
Hayward	Robins	Kyffin
Hook	Sibley
Viney

COMMUNITY SAFETY (15)

Conservative (5)	Labour (6)	Liberal Democrat (3)
Bulley	Harris	J. Cooper
Dawes	McAndrews	Farrell
Matthews	S. Mold	Wyatt
Reynolds	Segaran
Rose	Stedman
	Witcher
		Green (1)
		Buck

SOCIAL & HEALTH CARE (15)

Conservative (6)	Labour (5)	Liberal Democrat (4)
Belson	E.J. Cooper	Farrell
Fitzgerald O’Connor	Gatehouse	Legge
Heathcoat	MacKenzie	Roaf
Law	Power	Wyatt
Ludlow	Standingford
Matthews

 

 

OTHER COMMITTEES OF THE COUNCIL

PLANNING & REGULATION (15)

Conservative (6)	Labour (5)	Liberal Democrat (4)
Dawes	Evans	Bryden
Fulljames	MacKenzie	J. Cooper
Hastings	R. Mold	Turner
Ludlow	Sibley	Wyatt
Reynolds	Tompkins
Viney

 

PENSION FUND (8)

Conservative (2)	Labour (2)	Liberal Democrat (2)
Dawes	Gatehouse	Farrell
Law	McAndrews	Moley

Voting Co-optees (2)

District Council Representatives: 2 Vacancies

 

BEST VALUE (12)

Conservative (3)	Labour (3)	Liberal Democrat (2)
Greene	Ferriman	Legge
Law	McAndrews	Roaf
Wilmshurst	Segaran
		Green (1)
		Simmons

Non-Voting Co-optees (3)

Representatives of the business community:

Mr C. Quinton

Vacancy

Vacancy

 

 

DEMOCRACY & ORGANISATION (15)

Conservative (6)	Labour (5)	Liberal Democrat (4)
Belson	S. Mold	Crawford
Ludlow	Robins	Fooks
Matthews	Segaran	Roaf
Robertson	Standingford	Turner
Rose	Stedman
Sanders

 

STANDARDS (8)

Conservative (2)	Labour (2)	Liberal Democrat (2)
Bulley	Gatehouse	Roaf
Hook	Robins	Turner

Voting Independent Members (2)

2 Vacancies (see Minute 81/01(c) below)

 

JOINT COMMITTEES EXERCISING NON-EXECUTIVE FUNCTIONS

THAMES VALLEY POLICE AUTHORITY APPOINTMENTS COMMITTEE (3)

Conservative (1)	Labour (1)	Liberal Democrat (1)
Viney	Ferriman	Bradshaw

2. Standards Committee – Appointment of Independent Members

Further to Minute 78/01(f) of the last meeting, the Council had before them the recommendation of the selection panel (a copy of which is attached to the signed Minutes).

RESOLVED: (on a motion by Councillor Mitchell, seconded by Councillor Margaret Godden and carried by an overwhelming majority, Councillors Buck and Simmons abstaining) to appoint:

Mr Robert Elmore, a retired university lecturer; and

Mr Tim Bailey, a consultant specialising in complaints investigation, mediation and arbitration

as independent members of the Standards Committee.

3. Calendar of Meetings

MEMBERS’ ALLOWANCES

(Agenda Item 8)

The Council had before them an officer report together with the final report and recommendations of the Independent Remuneration Panel.

Councillor Mitchell moved and Councillor Margaret Godden seconded that, in the light of the recommendations of the Independent Remuneration Panel as to the payment of allowances to members with effect from 5 November 2001, the Council

1. agree that the Basic Allowance payable to all councillors be £6,000;
2. agree that, in addition to the Basic Allowance, a Special Responsibility Allowance (SRA) be paid as follows:-
1. Executive Members - £6,000 (each);
2. Leader of the Council - £6,000 (in addition to the allowance as an Executive member);
3. Deputy Leader of the Council - £4,000 (in addition to the allowance as an Executive member);
4. Chairs (Chairmen) of Scrutiny Committees - £3,000 (each);
5. Deputy Chairs (Chairmen) of Scrutiny Committees - £2,000 (each);
6. Chair(man) of the Planning and Regulation Committee - £2,000;
7. Deputy Chair(man) of the Planning and Regulation Committee - £1,000;
8. Chair(man) of the Best Value Committee - £2,000;
9. Deputy Chair(man) of the Best Value Committee - £1,000;
10. Chairs (Chairmen) of other Committees (Standards, Democracy and Organisation, Pension Fund) - £1,000;
11. Deputy Chairs (Chairmen) of other Committees - £500;
12. Chair(man) of the Council - £2,000;
13. Deputy Chair(man) of the Council - £1,000;
14. Leader of the Opposition - £6,000;
3. agree that Childcare and Dependent Carers’ allowances be paid on the basis that:-
1. the allowances can only be claimed when an "approved duty" is performed subject to the submission of receipts and to there being no other statutory allowance available;
2. the basis of the carers' allowances be the actual cost incurred up to the maximum hourly rates set out below:-

Childcare - £5 per hour

Care for dependant relatives - £15 per hour

4. to provide, within the terms of the Council’s Scheme of Allowances, that councillors may forgo all or part of their entitlement to Basic Allowance at any time or for periods at a time;
5. authorise the Assistant Chief Executive & Solicitor to the Council to take all necessary action to give effect to the Council’s decisions and to incorporate a revised Scheme of Members’ Allowances into the Council’s Constitution to become operative from 5 November 2001;
6. incorporate the issues raised by the Panel in relation to support provided for members into the review of ways in which county councillors can strengthen links with the communities and constituents they represent, which the Council agreed to carry out on 17 July 2001.

Councillor Hodgson moved and Councillor Ted Cooper seconded the following amendment:-

to insert in (b) after the words "as follows":-

"without prejudice to the Council’s ability to pay a Special Responsibility Allowance to other postholders should they believe it justified"; and

 

to add the following:-

7. that the Council is minded to pay a Special Responsibility Allowance to the Deputy Leader of the Opposition and to ask the Independent Remuneration Panel to consider and make recommendations to the Council on the principle and level of such an allowance.
8. that the Council is minded to pay a Special Responsibility Allowance to members nominated as Opposition spokespersons on matters falling within the area of responsibility of the Executive and to ask the Independent Remuneration Panel to consider and make recommendations to the Council on the principle and level of such an allowance.

in the Chair

Date of signing 2001

COUNTY COUNCIL – 16 OCTOBER 2001

AGENDA ITEM 7: LOCAL GOVERNMENT ACT 2000 – NEW POLITICAL MANAGEMENT ARRANGEMENTS

AMENDMENTS AGREED TO THE VARIOUS ANNEXES

Annex 2 – Citizens and The Council

• In paragraph 1(a) insert ‘and the responsibility’ after ‘right’.

Annex 5 – Agency and Joint Arrangements

• In paragraph (3), insert after "to a joint committee" in sub-paragraph (c), "which is responsible for discharging executive functions,".

Annex 6 – Appendix 1 – Officer Employment Procedure Rules

• In paragraph (3)(b), amend the second sentence to read "Any such changes which involve an increase of £5,000 per annum or more in an individual case also require consultation with the Chair(man) of the Democracy & Organisation Committee."
• In paragraph 4(b) add the words ‘and Monitoring Officer’ after ‘Head of Paid Service’.
• In paragraph 7(a) add ‘guardian’ after ‘parent’.
• In paragraph (7), insert after sub-paragraph (b):

Annex 6 – Appendix 3 – General Scheme of Delegation to Officers

• Amend the title to the Schedule appearing after Appendix 3 to read:

"Schedule – Specific Powers and Functions of Chief and Other Officers".

• Amend paragraph (9)A(i) of the Schedule to read:-

• After paragraph (9)C(f) of the Schedule, insert:

• Amend paragraph (9)D(d)(i) of the Schedule to read:

• For paragraph (9)D(g) of the Schedule, substitute:

1. adopting a screening opinion to the effect that development is or is not EIA (Environmental Impact Assessment) development (regulations 4 and 5);
2. notifying an applicant that an ES is required (regulation 7);
3. giving a scoping opinion (regulation 10);
4. providing relevant information necessary for the preparation of an ES (regulation 12);
5. carrying out information and consultation functions with respect to an ES (regulation 13);
6. requiring applicants to provide further information in connection with an ES and the publicising of its submission (regulation 19);
7. ensuring that information under the regulations relating to a planning application is placed on the planning register (regulation 20);
8. ensuring that information relating to screening and scoping is made available for inspection (regulation 20);
9. publicising and making available for inspection decisions on EIA development (regulation 21);
10. carrying out the functions under the regulations with respect to unauthorised development (regulation 25)."

• In section (10) of the Schedule, number the existing paragraph as (a) and insert:

Annex 7 – Decision Making

• At the end of paragraph (2)(c) add ‘and the natural and built environment’

Annex 8 – Council Procedure Rules

• Insert at the end of paragraphs (1)(iv) and (2)(ii) the words ‘and to receive for information any matters arising therefrom;’.
• In paragraph (1), insert after sub-paragraph (v):

• In paragraph (3), for "request" on line 1 substitute "require", and insert after "ordinary meetings" on line 2, "and any extraordinary meetings convened under any other provision of this Constitution".
• In paragraph (7), for ", or 3 whichever is the greater" in the first sentence, substitute "(or in the case of a committee or sub-committee, one quarter of the whole number of voting members, or three voting members, whichever is the greater, of whom a majority are members of the Council)".
• Delete the fourth bullet point from paragraph (9)(e) and insert the following as a new sentence: "If answering a question would require the disclosure of confidential or exempt information, then the proper officer shall reply in a confidential manner."
• Replace paragraph (19)(d) with the following:

• Replace paragraph (20)(4)(c) with: "all addresses shall be delivered from a location in the Council Chamber nominated by the Chair(man);"

• In paragraph (22), insert after "Rule 7" in sub-paragraph (d), "(as specified)".

Annex 9 – Access to Information Procedure Rules

• Add to the end of paragraph 4 the words ‘and posting details on the County’s web site".
• Add to the end of paragraph 5 the words ‘All agendas and reports will be made available on the County’s web site where these exist in electronic form’.
• Add to the end of paragraph 7 the words ‘These will be placed on the web site where they exist in electronic form.’
• In paragraph 8.1(b), in place of "but" on line 1 substitute ". This".
• Add to the end of paragraph 18 the words ‘How each member of the Executive voted will b e noted as a matter of public record.’

Annex 10 – Protocol on Members’ Rights

• Amend the heading of paragraph 3 to read ‘Leader and Deputy Leader of the Opposition’ and insert the following at the end of that paragraph: "The position of Deputy Leader of the Opposition will also be formally recognised by the Council. He/she will come from the largest political group on the Council which is not the Group(s) from which the Executive is drawn."
• In paragraph 6(b), insert after "Chair(man) and Deputy Chair(man) of the Council" on line 4, "to the Leader and Deputy Leader of the Council and other members of the Executive".
• In paragraph 6(c), insert after "appellate capacity." on line 8, "Any member may request the Proper Officer to send her/him agenda, reports or minutes of any Council Committee or Sub-Committee."
• Add the following words at the end of paragraph 7(c)(iv): ‘In addition, councillors will be advised of significant events at secondary schools whose catchment areas are within a member’s division,’