Agenda and minutes

To sign as a true record the minutes of the Meeting of the Council held on 22 February 2012

            RESOLVED:

That the minutes of the Meeting of the Council held on 22 February 2012 be signed as a true record.

Members are invited to declare any interests in any of the items on the agenda at this point of the meeting.

Members may still declare an interest in an item at any time prior to the consideration of the matter.

There were no declarations of interest.

To receive announcements (if any)

The Mayor’s Announcements are attached as Appendix 1 to these minutes.

No notice has been given of an intention to present a petition

No petitions were presented.

To consider the report of the Governance Committee

The Governance Committee reported that, pursuant to provisions of the Localism Act 2011, local authorities were now obliged to prepare, adopt and publish, for each financial year and before its beginning, a statement of their policy for the payment of staff.

The policy statement for 2012/13 was therefore now submitted, in order that it could be published before 1 April 2012. The statement is set out in Appendix 2 to these minutes.

The recommendations within the report were AGREED without division and it was RESOLVED:

That the Pay Policy Statement, 2012/13 be approved.

To consider the report of the Governance Committee

The Council’s Contract Procedure Rules (CPRs) had been reviewed in the light of changes in legislation, extensive restructuring of the Council’s services and increasing procurement of goods and services by electronic means. The revised CPRs are set out in Appendix 3 to these minutes.

The recommendations within the report were AGREED without division and it was RESOLVED:

That the revised Contract Procedure Rules (CPRs) be adopted.

To consider the report of the Governance Committee

The Governance Committee reported that the Pensions Committee had considered the outcome of the Annual review of the Statement of Investment Principles and had undertaken a review of its Governance Compliance Statement. There was concern that not all members of that Committee had received suitable training. Members had also expressed the view that named substitute members should be trained to the same level. To encourage all members to avail themselves of the training opportunities, the Pensions Committee had recommended that its Terms of Reference be amended.

The Council was reminded that the Pensions Committee was expected to conform to the “Myners Principles” for good governance of pension funds.

Whilst reviewing its Governance Compliance Statement, the Pensions Committee had also considered the current duties and terms of reference of the appointment of advisors and felt that these needed amendment.

The Audit Committee had also given consideration to the need to ensure all Members of that Committee, and named substitutes, should be adequately trained.

The Governance Committee accordingly recommended to the Council that:

1.                  Part 3 of the Constitution, paragraph 1.2 Functions delegated to general council committees be amended as follows:

a.      Advisers and Investment managers

      To “Authorise staff to invite tenders and to award contracts to actuaries, advisers and fund managers and in respect of other related investment matters

      To appoint and review the performance of advisers and investment managers for pension fund investments.”

2.                  Part 4 of the Constitution, Paragraph 12 Pensions Committee be amended to read:

(a)   The bodies that are Scheduled or Admitted Bodies of the Havering Pensions Fund for the purposes of the Local Government Pensions Scheme are entitled between them to nominate a representative who shall be co-opted to serve on the Committee with voting rights.

3.                  Part 4, section 3,  of the constitution, Committee Procedure Rules paragraph 17 ‘Training and continuity of membership of certain committees’, sub paragraphs (a) and ( c) be amended by the addition of the following sentence at the end of both paragraphs:

“If a member does not undertake the required training within six months of appointment then that member shall not partake in the decision making of the Committee until their training has been completed”

and at the end of paragraph ( c):

“Non-nominated members may not act as substitutes.”

Recommendations 1 and 2 were AGREED without division.

Amendment on behalf of the Independent Residents’ Group

That recommendation 3 be deleted

Following debate, the Independent Residents’ Group amendment was LOST by 3 votes to 48 (see voting division 2). The recommendation of the Committee was ADOPTED as the substantive proposal without division and it was RESOLVED that:

1.                  Part 3 of the Constitution, paragraph 1.2 Functions delegated to general council committees be amended as follows:

a.      Advisers and Investment managers

To authorise staff to invite tenders and to award contracts to actuaries, advisers and fund managers and in respect of other related investment matters

To appoint and review the performance of advisers and investment managers for pension fund investments.”  ...  view the full minutes text for item 88.

During debate of the matters mentioned in the preceding minute, a procedural motion, that Councillor Jeffery Tucker be not heard, was proposed and seconded on the ground that comments by him justified refusal to allow him to continue. The procedural motion was CARRIED by 45 votes to 5 (see division 1).

RESOLVED:

That Councillor Jeffery Tucker be not heard.

Councillor Tucker thereupon resumed his seat.

To consider the report of the Governance Committee

The Localism Act 2011, among other things, had repealed the requirement for a statutory petitions scheme and mandatory ePetitions facility.

The Council noted that the Governance Committee had agreed that there should continue to be a Petitions Procedure, modelled on the former Petitions Scheme but omitting entirely the requirements for petitions passing certain thresholds of signatory numbers to be debated by the relevant Overview & Scrutiny Committee (OSC) or the Council. Such omissions would not prevent Members (individually, or through Groups) from presenting petitions at Council meetings, nor proposing that the subject matter of a petition be debated at a Council or OSC meeting, using the appropriate Council or OSC procedures.

The Committee had also accepted that, although to date, very little use had been made of the Council’s ePetitions facility, lack of use did not imply that the facility would never be used and that it should, therefore, be retained.

Repeal of the statutory requirements in relation to petitions and ePetitions meant that it was no longer necessary to make specific provision in the Council, Committee and Overview & Scrutiny Procedure Rules for dealing with petitions, and the Council was invited to agree that they be dispensed with.

The recommendations within the report were AGREED without division and it was RESOLVED that:

(i)      Rule 23 of the Council Procedure Rules be amended as follows:

(a)Omit the number 23.1 from in front of the opening paragraph

(b)Delete paragraphs 23.2 and 23.3 (which relate to the holding of debates in response to petitions having 3,500 or more signatories)

(ii)     Rule 15 of the Committee Procedure Rules (which relates to the consideration by Overview & Scrutiny Committees of petitions having 2,500 or more signatories) be deleted and all subsequent paragraphs renumbered accordingly.

(iii)    In the Overview & Scrutiny Procedure Rules:

(a) Sub-paragraphs (g) and (h) be deleted from Rule 2 (Role of OSCs: dealing with petitions)

(b)Sub-paragraph (e) be deleted from Rule 3 (Specific functions of OSCs: responding to petitions)

(c)Sub-paragraphs (vi) and (vii) be deleted from Rule 20 (Procedure at OSC meetings: considering petitions)

To consider the report of the Governance Committee

The Localism Act 2012 had introduced a new regime for adjudicating the standards of Members’ conduct. There would no longer be a national standards framework and there was no obligation to appoint a Standards Committee. There was, however, a requirement for a Members’ Code of Conduct, alleged breaches of which had to be formally dealt with, and if upheld, sanctions imposed.

Having considered the requirements and implications of the new legislation, the Committee now submitted recommendations as to the future management of complaints alleging Members’ failure to comply with the required standards of conduct. The consequential detailed changes to the Constitution are set out in Appendix 4 to these minutes.

The recommendations of the Committee were ADOPTED without division and it was RESOLVED:

1          That, with effect from the date on which section 26 of the Localism Act 2011 comes into force, save insofar as it is necessary for any outstanding complaint made before that section comes into force to be disposed of:

(a)       The existing Standards Committee be abolished.

(b)       Responsibility for standards matters under the new regime be delegated to the Governance Committee and that the Adjudication & Review Sub-Committee deal with the investigation and resolution of allegations of breaches of the Council’s Code of Conduct for Members.

(c)       The functions of the Appointments Sub-Committee be extended to include the interview of applicants for appointment as the Independent Person for Standards under section 28(7) of the Act and making recommendations to the Council as to the appointment.

(d)       The changes to the Constitution set out in Appendix 4 to these minutes be approved.

2          That the terms of office of the Independent Members of the Committee due to retire at the forthcoming Annual Meeting of the Council be extended until it is abolished and all outstanding matters have been dealt with.

To consider the report of the Governance Committee

The Council was reminded that, from time to time, it was necessary to arrange for a joint meeting of all Overview & Scrutiny Committees. In recent years, there had generally been two such meetings annually, to scrutinise the Council’s budget proposals.

Customarily, the chair at such meetings had been taken by the Chairman of an Overview & Scrutiny Committee, nominated in advance of the meeting. At the joint meeting held in January 2012, however, some confusion had arisen over the chairing arrangements and, in consequence, the Governance Committee now suggested that the Council’s Committee Procedure Rules be amended to provide a clear process for selecting the Chairman of such joint meetings.

For legal reasons, the joint meeting would need to be chaired by an existing Member of an Overview & Scrutiny Committee, and it was clearly logical that one of the Overview & Scrutiny Committee Chairmen should perform the task.

The Governance Committee accordingly now recommended that the Committee Procedure Rules (CPR) be amended as follows:

Amend CPR 5(g) to read:

“(i)       Subject to (ii) following, where two or more Committees meet jointly, the chair shall be taken by whichever of the Chairmen of those Committees is appointed by the Committees so to act.

(ii)       Where a joint meeting of all Overview & Scrutiny Committees is to be held, the chair shall be taken by whichever of the Chairmen of those Committees is nominated in advance by the Chairmen of all of those Committees.”

Amendment on behalf of the Residents’ Group

Amend the recommendation of the Committee to read:

 “Amend CPR 5(g) to read:

(i) Subject to (ii) following, where two or more Committees meet jointly, the chair shall be taken by whichever of the Chairmen or Vice Chairmen of those Committees is appointed by the Committees so to act.

(ii) Where a joint meeting of all Overview & Scrutiny Committees is to be held, the chair shall be taken by whichever of the Chairmen or Vice Chairmen of those Committees is nominated in advance by the Chairmen and Vice Chairmen of all of those Committees.”

Following debate, the Residents’ Group amendment was LOST by 19 votes to 32 (see division 3). The recommendation of the Committee was ADOPTED as the substantive proposal by 32 votes to 19 (see division 4) and it was RESOLVED:

That the Committee Procedure Rules (CPR) be amended as follows:

Amend CPR 5(g) to read:

“(i)    Subject to (ii) following, where two more Committees meet jointly, the chair shall be taken by whichever of the Chairmen of those Committees is appointed by the Committees so to act.

(ii)     Where a joint meeting of all Overview & Scrutiny Committees is to be held, the chair shall be taken by whichever of the Chairmen of those Committees is nominated in advance by the Chairmen of all of those Committees.”

To consider the report of the Chief Executive

The Council was invited to agree the dates of its meetings in the municipal year 2012/13.

RESOLVED:

That the Council fixes the date of its meetings for the Municipal Year 2012/13 and, on a provisional basis, the balance of 2013 as follows:

The Mayor has agreed that the Council should consider this report as a late item, as approval is required at this meeting if the proposed change is to be put into effect.

A report was submitted at the request of the Mayor and of the Leader of the Council, and with the agreement of the Mayor as a late item pursuant to section 100B(4) of the Local Government Act 1972, on the ground that a decision was necessary at this meeting, seeking authority for a further change in the arrangements for the Annual Meeting of the Council in May.

The Council had already agreed that Members should consider nominations for the conferment of the Freedom of the Borough as part of civic business during the Annual Meeting. The Mayor had suggested that it would be appropriate for any nomination with which a current Mayor would wish to be associated personally to be dealt with while that Mayor was still in office rather than after their successor had taken office.

Recommendations were now submitted, making appropriate provision for conducting the business in accordance with the Mayor’s suggestion.

The Mayor’s suggestion was ADOPTED without division, and it was RESOLVED:

1          That an extraordinary meeting of the Council be convened at 7.30pm on Wednesday, 23 May 2012 for the purpose of considering whether to confer upon any person nominated the Honorary Freedom of the Borough.

2          That the Annual Meeting of the Council due that day be convened to begin at the conclusion of the extraordinary meeting authorised by (1) above.

3          That the order of business for the Annual Meeting on this occasion omit the conferment of the Honorary Freedom.

4          That the Governance Committee be requested to consider, in due course, whether the arrangement now proposed should become permanent.

See paper attached

8 questions were asked and replies given.

The texts of those questions and their answers, together with those not asked orally, are set out in Appendix 5 to these minutes.

See paper attached

Motion on behalf the Independent Residents’ Group

This Council believes that the Administration’s decision to exclude guests from the Council Chamber and public from the side gallery during Council meetings was made for petty political, rather than security reasons.

Therefore in the interests of democratic and accountable government, this decision must be reversed.

Following debate, the Independent Residents’ Group motion was LOST by 19 votes to 32 (see division 5).

The record of voting divisions is attached as Appendix 6 to these minutes.