Name of meeting

Date and time

Venue

Present

Cllrs Roger Mazillius (Chairman), Barry Abraham, Henry Adams, Wendy Arnold, John Bowker, George Brown, Ivan Bulwer,  William Burt, George Cameron, Vanessa Churchman, Dawn Cousins, Mike Cunningham, John Effemey, Jonathan Fitzgerald-Bond, Barbara Foster, Deborah Gardiner, Charles Hancock, John Hobart, Heather Humby, Tim Hunter-Henderson, Patrick Joyce, Gill Kennett, David Knowles, Geoff Lumley, Win McRobert, Muriel Miller, Brian Mosdell, Erica Oulton, Lady Pigot, Garry Price, David Pugh, Susan Scoccia, Ian Stephens, Melanie Swan, Arthur Taylor, Diana Tuson, Margaret Webster, Alan Wells, Colin West, David Williams, Jilly Wood

Officers Present

Chris Mathews, Pat Szatter, Amanda Thomas

Apologies

 


 

1.                      Minutes

 

RESOLVED :

 

THAT the Minutes of the meeting held on 20 June 2007be confirmed.

 

2.                      Declarations of Interest

 

Cllrs Brown, Bulwer, Hunter-Henderson, Knowles, Miller and West declared a personal and prejudicial interest in Item 5, as they were Members of the Investigatory and Disciplinary Committee investigating the Undercliff Drive project.

 

Cllr Arnold declared a personal interest in Item 5, as her neighbour was employed by High Point Rendell.

 

Cllr Gardiner declared a personal interest in Item 8, as she had been a member of a committee reviewing the performance indicators.

 

3.                      Public Question Time

 

Questions were put to the Chairman as follows :

 

Mr Miller of Northwood, Cowes asked a question about the scope of the Year 9 Provision Report and subsequent proposals which might fall outside the consultation exercise. The Cabinet Member advised that if additional proposals emerged from officers’ work, separate consultation arrangements would be made prior to the publication of any statutory notices. 

 

Mr Miller asked a supplementary question regarding the publication of admission numbers and the Cabinet Member advised that a written response would be provided.

 

Mr Blezzard of Sandown asked about Member protocols for responding to correspondence. The Cabinet Member advised that he would contact the Local Member concerned.

 

Mr Wortham of Brighstone asked the Council if it might be in the public’s best interest to sever all connection with High Point Rendell.  The Deputy Leader advised that he would discuss this with the Chief Executive and provide a written response.

 

Mr Stark asked about Item 5 on the agenda, seeking reassurance that a guillotine would not be imposed on the Investigatory and Disciplinary Committee. The Deputy Leader advised that the Investigatory and Disciplinary Committee would bring the investigation to a conclusion and submit the results to the Council.

 

Mr Stark asked a supplementary question about whether the Deputy Leader would agree with him, that the Investigatory and Disciplinary Committee had to date conducted the enquiry in a thorough manner.  The Deputy Leader agreed.

 

4.                      Chairman’s Report

 

The Chairman had provided a written report about recent events attended.  The Council’s Vice Chairman was thanked for his support during the Island Games event in Rhodes.

 

5.                  Motion Under Procedure Rule 11

 

Members of the Investigatory and Disciplinary Committee left the Chamber for this item.

 

An amended motion was presented by Cllr Lumley:

 

“That Council resolves that the Undercliff enquiry be wound up by 30 September 2007.”

 

The motion was seconded and during the debate concerns were raised about taking sufficient time to establish the truth whilst protecting employees’ rights.  Council was informed that costs to date had been supported by the risk contingency fund.

 

The Chief Executive also advised Council that it would be unlawful to terminate the enquiry because the Council’s Monitoring Officer had issued a Statutory Report and the Council therefore had a duty to complete the investigation.  In addition, individual employees’ rights might be undermined, putting employees at risk, should the investigation be terminated.

 

Following the vote the motion was lost.

 

6.                      Appointments and Constitutional Matters

 

Council considered the proposals regarding the appointment of two Member Appointment Committees, specifically to appoint to the Head of the Safer Neighbourhoods Partnership and the Head of Adult Care; to revise the political proportionality following an internal movement of one of the Members; and to discuss changes to the Member Champions for Civic Pride and the Environment and Heritage.

 

Following the recent changes for Cllr Churchman and Cllr Mosdell,  nominations for two new Member Champions were: Cllr Whittaker for Member Champion for Civic Pride, and Cllr Hobart for Member Champion for Heritage and Environment.

 

Following the debate it was

 

RESOLVED:

 

THAT Council:

 

(a)          Establish two Appointment Committees (Appointment Committee for the Head of Safer Neighbourhoods Partnership and the Appointment Committee for the Head of Adult Care) with a membership of 5 to be allocated in accordance with political proportionality to 4 members of the Conservative Group and one member from other groups on the Council.

(b)          Allocate seats to political groups in accordance with the proportionality rules set out in the Council’s Constitution.

(c)           Appoint Cllr Whittaker as Member Champion for Civic Pride and Cllr Hobart as the Member Champion for Environment and Heritage.

 

7.                      Recommendations from the Standards Committee

 

The Chairman of the Standards Committee was invited to address Council prior to the introduction of the report and proposal by the Cabinet Secretary. 

 

(a)          Revised Code of Conduct

 

Members discussed the revised code of conduct and the recommendations put forward by the Standards Committee.  Following the vote it was

 

RESOLVED:

 

(i)                 THAT the new model Code of Conduct with the ten General Principles of Public Life be adopted.

 

(ii)               THAT the Draft Protocol on Confidential Information (as detailed in Appendix 1 of Paper C2, attached) be adopted pending the publication of the Standards Board Model Documents.

 

(b)          Indemnity of Members

 

The Chairman of the Standards Committee addressed Council advising that the revised indemnity of Members followed a decision made by Council in 2003.  All requests for indemnity cover would be submitted to the Council’s Monitoring Officer and Chief Financial Officer for approval. 

 

Members were also informed that the revised arrangements would ensure maximum cover for Members with specific responsibility, particularly for care and children’s services.

 

Following a brief debate it was

 

RESOLVED:

 

(i)                 THAT the authority provides indemnity for members to cover their costs and liabilities in Civil proceedings and in Criminal and Standards proceedings (including hearings before the local Standards Committee), subject to:

 

§         repayment if the offence is admitted or the offence is proven

 

§         only being payable where the member has acted in good faith

 

(ii)               THAT any such indemnity is limited to insurance cover limits and conditions except in exceptional circumstances

 

(iii)             THAT each case be considered on its own merits within these conditions by the Monitoring Officer and Chief Finance Officer

 

(iv)              THAT an appeal lies from the Monitoring Officer and the Chief Finance Officer to the Standards Committee save in cases before the local Standards Committee when alternative reciprocal arrangements with other Standards Committees will be established.

 

8.                      Recommendation from the Audit and Performance Committee

 

Council was advised of the statutory duty to publish the Best Value Performance Plan (BVPP) by 30 June 2007.    The Plan had been reviewed and discussed by the Audit and Performance Committee on 21 June 2007 with a recommendation being submitted to Council to adopt the BVPP.

 

The motion was seconded and during the debate queries were raised about the detail included with the Best Value Performance Indicators, Appendix B of the report.  Council was advised that the performance indicators were nationwide and therefore not all of them were necessarily appropriate for the Island.  In addition, the Audit and Performance Committee had reviewed the format and content of each one of the indicators and provided feedback to the Corporate Performance Team.

 

However, enquiries regarding the Council’s performance in health and wellbeing and children’s services would receive written responses from the appropriate Cabinet Member.

 

RESOLVED:

 

(a)          THAT the proposed format of the BVPP be approved.

 

 

9.                      Cabinet

 

Reports Of The Cabinet Members

 

(i)                 The Leader

 

A written report had been received in the Leader’s absence.

 

(ii)               The Deputy Leader and Cabinet Member for Schools Leadership and Governance

 

The Cabinet Member had provided a written report.

 

Cllr Lumley asked if the Cabinet Member intended to implement Year 9 plans without the use of portacabins, as previously advised.  The Cabinet Member informed Members that schools selected for 2009 would not require portacabins.  It was also envisaged that the necessary infrastructure would be in place by 2010, eradicating the use of portacabins at that time.

 

(iii)             Cabinet Member for Children’s Services

 

A written report had been provided.

 

(iv)              Cabinet Member for Regeneration, Leisure and Communications

 

A written report had been provided.

 

Cllr Gardiner asked for an update on the Island’s involvement with preparations for the 2012 Olympic Games.  The Cabinet Member advised that initial discussions were taking place with the Olympic Administration Team, and a bid had been submitted to the South East Region Training Camps Committee in January 2007.

 

Cllr Mosdell asked if the Cabinet Member was aware of any link between the South East England Development Agency (SEEDA) and private development in East Cowes.  The Cabinet Member advised that a Workshop would be held during July 2007 to include all Local Members, SEEDA representatives, English Heritage and the Isle of Wight Economic Partnership to investigate all potential links.

 

(v)                Cabinet Member for Health, Wellbeing and Supporting People

 

A written report had been provided and the Cabinet Member highlighted the retirement of care worker, Mrs Valerie Cohen, who had retired following 33 years service with an unblemished attendance record.

 

(vi)              Cabinet Member for Customers and Parish Empowerment

 

A written report had been provided.

 

(vii)            Cabinet Member for Economy, Tourism, Assets and Planning

 

The Cabinet Member informed Council that there was no specific update for this meeting, but invited questions.

 

Cllr Miller asked for a report on the cost and value of the Council’s hospitality tent provided at the Isle of Wight Festival.  The Cabinet Member advised that large numbers of people had visited the tent, which had included a Tourist Information Centre.  A written response would be provided.

 

(viii)          Cabinet Member for Resources

 

A written report had been provided.

 

(ix)              Cabinet Member for Safer Communities and Fire Modernisation

 

A written report had been provided in the Cabinet Member’s absence.  The Chairman advised Members to contact the Cabinet Member direct with any questions.

 

(x)                Cabinet Member for Environment and Transport

 

A written report had been provided.

 

Cllr Webster presented a petition from the East Cowes Town Council about road conditions.  The Cabinet Member accepted the petition and advised that he would discuss the matter with officers and provide an appropriate response.

 

Cllr Knowles asked when the ‘give way’ signs and zebra crossings would be re-painted.  The Cabinet Member advised that a written response would be provided.

 

Cllr Knowles asked for an update on the Private Finance Initiative and the Cabinet Member advised that a response had been expected in June, but had now been delayed until autumn 2007.

 

Cllr Knowles asked if the work at Ryde Interchange would definitely begin in October 2007.  The Cabinet Member advised that he was confident that the work would start in October 2007.

 

Cllr Hancock questioned the traffic management arrangement around the Lugley Street and Lower St James’s Street, which was causing long delays.  The Cabinet Member advised that a traffic survey study had recently been completed, which would inform a traffic improvement plan for the whole of Newport.

 

Cllr Hancock asked the Cabinet Member to note that concerns had been raised by retailers in the Lugley Street and Lower St James’s Street area.  The Cabinet Member advised that this would be noted.

 

(xi)              The Vice-Chairman of Scrutiny

 

The Vice-Chairman advised that a development session had been attended and an informal meeting of the Scrutiny Committee had been arranged for 21 July 2007.

 

 

 

CHAIRMAN


                                                          APPENDIX 1

 

DRAFT PROTOCOL ON CONFIDENTIAL INFORMATION

 

 

Members must not disclose confidential information, except where:

 

a.      You have consent or required by law (no change to the existing policy)

 

b.      The disclosure is made to a third party to obtain professional advice

 

c.      The disclosure is reasonable and in the public interest and made in good faith and does not breach any reasonable requirements of the authority.

 

 

There are four stages to public interest disclosure:

 

                                                               i.      Ask why this is confidential

 

                                                             ii.      Raise concerns through appropriate channels and seek advice

 

                                                            iii.      Consider circumstances – relevant whistleblowing and freedom of information protocols

 

                                                           iv.      Decide how much of the information needs to be disclosed

 

                                                             v.      Members MUST seek the advice of the Monitoring Officer.