Agenda item

Executive Management Structure Review

The purpose of the report is to seek approval to the implementation of the revised Executive management arrangements for Council

Executive Management Structure Review 

The report sought approval to the implementation of the revised Executive management arrangements for Council.

The Business Chair then advised members that he had received advice from the S151 Officer and Monitoring Officer which he would circulate and members would be given time to read. Councillor Hill sought assurance that members would receive the full advice and instructions in the interests of transparency, or were members just to receive the opinion? The Business Chair replied that there were two documents to circulate and asked members to read them first.

Councillor Dickinson commented that this report had now been in front of members three times and the Leader had confirmed he had been happy with it in September. He did not understand why members were now receiving new advice and felt it was procedurally incorrect to do that. The Monitoring Officer suggested that members read the two documents which were to be circulated and then questions would be taken. One was the legal opinion, the other was the Statutory Officers’ advice.

Councillor Oliver commented that he had understood that the Leader, Portfolio Holder and Business Chair had not wanted this report to be on the agenda. He queried why in that case, it was on the agenda.

Councillor Jackson queried whether the documents to be circulated were confidential and subject to legal privilege, and therefore to be handed back after the meeting. The MO confirmed this was the case. The Leader suggested that this matter should be considered in closed session, and in response, Councillor Dickinson referred to the procedure which had been followed at a Staff and Appointments Committee recently to maintain confidentiality. If the advice to come to members was legally privileged, then the same procedures should be adopted and the matter considered at the end of the meeting following exclusion of press and public. However, the Business Chair was minded to deal with the matter now. The Leader moved that the appropriate resolution be passed, which was seconded by Councillor Reid. The MO suggested to members that they read the advice first, then make a decision on exclusion afterwards. The Business Chair the adjourned the meeting and it was reconvened at 7.10 pm.

Councillor Horncastle expressed concern at the amount of information members were being asked to take in in a short space of time. He was also concerned that, in order to understand the advice given, members needed to know what had been asked. He asked the MO how long she had been in possession of the information just circulated to members. She replied that she had circulated the QC’s advice to the Chief Executive and the S151 Officer on Saturday and had asked the Chief Executive whether, in light of it, she still wanted the report presented given the advice that there were flaws in the report and that she had a pecuniary interest. The Statutory Officers’ advice had been circulated the day before to the Chief Executive, again offering discussion on whether the matter should be considered by Council today. There had been no response to that other than a comment about the Staff and Appointments Committee.

Councillor Hill sought clarity on whether there was anything in the Constitution to permit the withdrawal of the report by the Business Chair without notice as she could not find that, and it would be a decision for Council on whether they wished to proceed. She urged the Business Chair to follow proper procedure.

Councillor Nisbet asked why the MO had not had to declare a similar interest to that declared by the Chief Executive as she was involved as well.

The Business Chair sought views from members as to whether they wished to have the report presented. Councillor J. Watson moved, seconded by Councillor Jones, that the report be withdrawn.

On the required number of members calling for a named vote on this matter, the votes were cast as follows:-

FOR: 32:-

AGAINST: 29:-

ABTENTIONS: 2:-

It was therefore RESOLVED that the matter be withdrawn. The Business Chair asked for a short recess whilst the material which had been circulated was collected back in and the Chief Executive returned to the meeting.

On the meeting reconvening, Councillor Dunn expressed concern that it was becoming the norm for important material to be dropped on members at the last minute during meetings. It was too much to take in. Councillor Dickinson agreed and referred to inaccuracies in the reports which had been circulated.