Agenda, decisions and minutes

All Members disclosed a pecuniary interest in item 8 – Special Responsibility Allowances.

All Members present at the start of the meeting were deemed to have disclosed a pecuniary interest in agenda item 8 – Special Responsibility Allowances on the grounds that they were in receipt of a Member’s Allowance. 

To receive announcements.

Councillor Best ELECTED as Vice-Chairman of Regulatory Services Committee by 28 votes to 19.

The Leader of the Council confirmed that a coalition had been formed between the Conservative and East Havering Residents’ Groups which would allow greater certainty of decision making. The Leader was however still determined to work with other Groups on the Council, wherever this was possible.

            Councillor Clarence Barrett had joined the Cabinet as the Member for financial management. This would cover year in year spend, outturn, forecasting, delivery of savings targets, pensions, audit and risk management. 

            Councillor Ron Ower had joined the Cabinet as the Member for oneSource and the Housing Development Company. This would cover governance, Member development, oneSource, elections and legal & democratic services.

            The Leader of the Council would retain responsibility for strategic policy, strategic financial planning, human resources & workforce issues and communications.

            These changes would, in a very difficult financial climate, give the Council a strong base from which to make changes. The Leader reiterated that other Groups would still be consulted before decisions were published and  efforts would be made to reach a consensus if possible.

            As Councillor Ower had resigned the position of Vice-Chairman of Regulatory Services Committee on joining the Cabinet, it was necessary to elect a new Vice-Chairman of the Regulatory Services Committee. Councillor Ray Best was nominated to the position by the Administration and Councillor Stephanie Nunn was nominated to the position by the Residents’ Group.

            Councillor Best was ELECTED to the position by 28 votes to 19 (see division 1) and it was RESOLVED:

            That Councillor Ray Best be appointed as Vice-Chairman of the Regulatory Services Committee.

Report of the Governance Committee attached (subject to approval by Governance Committee).

Note the deadline for receipt of amendments is midnight, Monday 20 October.

Amendment to report by Independent Residents’ Group NOT CARRIED by 38 votes to 4; Administration motion CARRIED as substantive motion without division.

A report of the Governance Committee asked Council to agree the adoption of moving traffic contraventions within Havering. These were a series of regulations including banned right, left or U turns, no vehicle entry, no stopping box junctions and vehicle type access restrictions.

            Signage would be placed at the entrance points to the borough advising of the measures adopted as well as in key locations where the civil parking enforcement would take place.

            If Council resolved to adopt the provisions, a further report on the operational aspects of the enforcement would be submitted to Cabinet

.

            An amendment to the report had been submitted by the Independent Residents’ Group as follows:

            The adoption of powers to enforce ‘moving traffic offences’ is a response to changes in government ‘parking’ legislation that will reduce forecast council income by over £1 million. But [for limited financial gain] these new powers could easily result in a severe public relations disaster for the Council if robust enforcement is perceived to be a money making exercise.

To avoid the accusation from residents that ‘you’re making cuts, raising council tax and now robbing us' the report should be rejected.

Following debate, the amendment was LOST by 38 votes to 4 (see division 2).

The motion by the Administration that the recommendation of the Governance Committee be approved was AGREED, without division and it was RESOLVED that:

Enforcement of Moving Traffic Contraventions within the whole of Havering be adopted in accordance with the provisions as set out in the London Local Authorities and Transport for London Act 2003 & enforcement of Bus Lane contraventions with the provisions as set out in the London Local Authorities & Transport for London Act 1986.

Report of the Governance Committee attached (subject to approval by Governance Committee).

Note: The deadline for receipt of amendments is midnight, Monday 20 October.

Amendment to report by Residents’ Group NOT CARRIED by 29 votes to 17; amendment to report by Independent Residents’ Group NOT CARRIED by 32 votes to 12; Administration motion CARRIED as substantive motion without division; Councillor Ford ELECTED as Chairman of Overview & Scrutiny Board by 28 votes to 18; Councillor Webb ELECTED as Vice-Chairman of Overview and Scrutiny Board by 35 votes to 11.

A report of the Governance Committee asked Council to adopt some changes to the structure of Overview and Scrutiny in Havering. Following a review of arrangements in other boroughs, it was proposed that a single Overview and Scrutiny Board be established to undertake all call-in functions and to coordinate the work of six sub-committees. The existing Value Overview and Scrutiny Committee would be replaced by the Board with the remaining six Overview and Committees (OSCs) becoming Sub-Committees of the new Board with the existing Committee Chairs becoming Chairs of the new Overview and Scrutiny Sub-Committees.

            In order to comply with political balance requirements, it was recommended that the Board comprise 16 Members as follows:

            7 Conservative

            3 RAs (the current Chairmen of Environment, Individuals and Health OSCs)

            2 UKIP (including the current Chairmen of Towns and Communities OSC)

            2 EHRG (including the current Chairman of Children’s OSC)

            2 IRG (including the current Chairman of Crime & Disorder Committee)

            Following debate, an amendment by the Residents’ Group as follows:

            Scrutiny aims to ensure that residents of Havering receive high quality services and that the executive is rightly held to account. This council believes that in order to maximise the chances of both aims being achieved, and to adopt both the spirit of the Local Government Acts, as well as the Acts themselves, scrutiny should not be constrained or directed under any system by members of the administration.

            was LOST by 29 votes to 17 (see division 3) and an amendment by the Independent Residents’ Group as follows:

            The creation of a new committee will require a costly bureaucratic reorganisation during a period of cuts! Worse still the proposed reorganisation to ‘establish a single O&S Board to undertake all call-in functions’ [Page 3 – 1.6] will undermine the O&S process, because the new 16 member Board will have a Con/EHR majority.

Instead the proposed reorganisation should be rejected and the existing structure retained.

was LOST by 32 votes to 12 (see division 4).

            The motion by the Administration that the recommendations of the Governance Committee be approved was AGREED without division and it was RESOLVED that:

1)                       An overarching Overview & Scrutiny Board be established in accordance with the political balance rules

2)           The following Overview and Scrutiny committees be converted to sub-committees of the overarching Overview & Scrutiny Board:

·         Towns & Communities

·         Health

·         Individuals

·         Environment

·         Crime and Disorder

·         Children & Learning

3)           That Council nominate one of the chairs of the Overview and Scrutiny Sub-Committees to Chair the Overview & Scrutiny Board

4)           The Overview & Scrutiny Board will comprise all of the chairs of the Overview and Scrutiny sub-committees together with such other members nominated to the Board to meet the political balance requirements.

5)           The Council’s Monitoring Officer, using her delegated powers make the necessary changes to the Council’s Constitution in respect of the proposed revisions to Overview and Scrutiny.

6)           That Council receive nominations for the appointment of the Chairman and Vice-Chairman of the Overview and Scrutiny Board.

In accordance with recommendation  ...  view the full minutes text for item 46.

Report of the Monitoring Officer (attached).

Note: the deadline for receipt of amendments is midnight, Monday 20 October.

Report AGREED without division.

            There was before Council a report of the Monitoring Officer concerning the appointment of the Committees of the Council, and advising upon political balance issues.

            The report was AGREED without debate or division and it was RESOLVED:

            That:

(1)          The Committees listed in Appendix 1 to these minutes be appointed for the 2014/15 Municipal Year.

            (2)       Those Committees be appointed with:

(a)  the membership sizes and

(b)  the political balance

indicated in Appendix 1

(3)       The voting co-optees, the two representing Church of England and Roman Catholic interests and the three governor co-optees selected in accordance with the appropriate Regulations, be appointed to the Children and Learning Overview and Scrutiny Committee.

Report of the Governance Committee attached (subject to approval By Governance Committee).

Note: The deadline for receipt of amendments is midnight, Monday 20 October.

Amendment to report by Residents’ Group NOT CARRIED by 34 votes to 12; Amendment to report by Independent Residents’ Group NOT CARRIED by 42 votes to 4; Administration motion CARRIED as substantive motion without division.

A report of the Governance Committee asked Council to agree a revised scheme of Members’ Allowances to take account of the new arrangements agreed for the Council’s Overview and Scrutiny function and the establishment of a new political group.

Following debate, an amendment by the Residents Group as follows:

This Council welcomes the proposals made by the administration to reduce Councillors Special Responsibility Allowances. However, this council recommends that they are further reduced to the levels set out in table A (below) to ensure that they are more in line with what members of staff and residents of this borough would expect and to a level commensurate with the workload and responsibilities of the post.

Table A:

Basic Allowance - £10,208

Leader of the Council - £40,000

Deputy Leader of the Council - £23,000

Cabinet Members - £20,000

Leader of the Principal Opposition - £12,000

Deputy Leader of the Principal Opposition - £3,000

Leader of the Minority Opposition Groups - £3,000

Mayor - £12,000

Deputy Mayor - £4,000

Overview and Scrutiny Board Chairman - £10,000

Overview and Scrutiny Sub-Committee Chairmen - £7,650

Chairman of Regulatory Services - £14,418

Chairman of Licensing Committee - £7,650

Audit, Pensions, Highways and Governance Committee Chairman - £7,650

Reg Services and Licensing Vice Chairman – Fixed sum per meeting as agreed at Governance

Rainham & South Hornchurch Working Party Chairman - £7,650

Adjudication & Review Committee Chairman - £2,000

was LOST by 34 votes to 12 (see division 7).

Following debate, an amendment by the Independent Residents’ Group as follows:

The proposed revisions to the Special Responsibility and Allowances Scheme to reduce the overall cost of the scheme is not equitable because they involve a range of reductions between 12% and 50% in which the more you get the less you lose and should be rejected.

Instead a revised scheme is required that increases the basic allowance by 1%, reduces all SRAs above £7650 by 25%  and keeps all the remaining SRAs as proposed in the Governance report, the same.

This amendment would reduce the overall cost of allowances by 10% and for those with an interest will allow for the creation of new Cabinet positions and still retain an overall saving within budget of between 3 and 5%. Whereas the Administration proposal of a 5% overall reduction would not last the creation of 2 or 3 new Cabinet positions!

was LOST by 42 votes to 4 (see division 8).

            The motion by the Administration that the recommendations of the Governance Committee be approved was AGREED without division and it was RESOLVED that:

The revised list of Special responsibility Allowances be adopted as shown below:

Members’ allowances

Report of the Chief Executive (attached).

Note: The deadline for receipt of amendments is midnight, Monday 20 October.

Report AGREED without division.

The Group Directors present left the meeting for this item as they had a personal interest in the matters under discussion.

A report of the Chief Executive asked Council to approve revised arrangements for the Senior Management Structure within the Council following the changes to the management structure required after the first six months’ operation of oneSource and the decision of one of the Council’s Group Directors to leave.

The report was AGREED without division and it was RESOLVED that:

1.    The new arrangements set out in this report and summarised in Appendix 2 of these minutes be approved.

2.    The assimilation of the existing Group Director of Children, Adults & Housing and Group Director of Resources into these new roles be approved.

3.    The pay scales for the new director posts be approved.

4.    The Chief Executive consult with relevant staff as required on the consequential management structural requirements

Report attached.

Note: The deadline for amendments is midnight, Monday 20 October.

-       Report AGREED without division.

            REAPPOINTMENT OF THE HEAD OF PAID SERVICE (agenda item 9)

            The Chief Executive left the meeting for this item as she had a personal interest in the matters under discussion.

            A report of the Leader of the Council asked Council to agree to the Chief Executive reducing her working hours to approximately three days per week. It was proposed that the Chief Executive’s pay and pension arrangements be adjusted accordingly and the Chief Executive also wished to take a voluntary 10% reduction in her salary in recognition of the current pressures on the organisation and its staff.

            The report was AGREED without division and it was RESOLVED that Council:

1.    Agrees to the Chief Executive reducing her hours flexibly to suit the Council’s needs by at least one day and no more than two days a week, with her pro-rata salary set at the equivalent of a three-day working week.

2.    Waives the Staff Employment Procedure Rules, to facilitate the formal resignation and re-appointment on reduced terms of the Chief Executive.

3.    Authorises the Leader of the Council to review and change the working hours once implemented, as and when required.

4.    Notes and acceptes the Chief Executive’s voluntary 10 per cent reduction in salary, over and above the pro-rata adjustment.

5.    Authorises the Leader of the Council, after consultation with the Director of Resources and the Director of Human Resources and Organisational Development, to finalise any further actions and agreements necessary to implement the Council decision.

6.    Authorises the Monitoring Officer to amend the Constitution if necessary to reflect that the Group Directors will be required to cover for the Chief Executive in her absence.

The record of voting divisions is attached as Appendix 3.