ISLE OF WIGHT COUNCIL

Chief Executive Officer

County Hall

Newport

Isle of Wight

PO30 1UD

 

20 April 2004

 

To: ALL MEMBERS OF THE COUNCIL

 

You are hereby summoned to attend a MEETING of the ANNUAL COUNCIL to be held on WEDNESDAY, 28 APRIL 2004 in the COUNCIL CHAMBER, COUNTY HALL, NEWPORT, ISLE OF WIGHT commencing at 10.30 am for the transaction of the business set out in the agenda below.

 

Please note slightly later start time.


 

As this is the Annual Meeting a light lunch will be provided for all members and invited guests in Committee Room 1.

 

AGENDA

 

PRAYERS

 

1.             To elect a Chairman of the Council for the ensuing year.

 

2.             To elect a Vice Chairman of the Council for the ensuing year.

 

3.             To elect a Deputy Chairman of the Council for the ensuing year.

 

Attached is a programme for the procedure to be followed for the above appointments.

 

Lunch will be served at this point in Committee Room 1.

 

4.             To approve as a correct record and to sign the Minutes of the meeting of the Council held on 17 March 2004 (Paper A).

 

5.             To receive any declarations of interest.

 

6.             To deal with any questions from members of the public.

 

Questions may be asked without notice but to guarantee a full reply at the meeting, the question must be delivered in writing or by electronic mail to Committee Services no later than 10.00 am on Monday, 26 April 2004.

 

It is unlikely that the Council will not get to this item until after lunch.

 

7.             To receive any official communications and correspondence submitted by the Chairman.

 

8.             To elect the Leader of the Council who will also be the Chairman of the Executive.

 

9.             Constitutional Review

 

To consider the attached report from the Leader of the Council on the review of the constitution as deferred at the last meeting (Paper B)

 

Although the Council’s Procedure Rules sets out the order in which the business of the Annual Meeting will be taken at this stage the Council will be asked to consider agenda item 14 before the next 2 items as it will have a direct effect on them.

 

10.        To appoint other members of the Executive.

 

Assuming the recommendations set out in Agenda item 14 are agreed to appoint 9 other members of the Executive to the following portfolios:

 

Deputy Leader;

Adult and Community Services;

Children Services;

Economic Development, UK and EU, Regional Issues;

Fire, Emergency Planning and Consumer Protection;

Resources;

Sustainable Development, Environment and Planning Policy;

Tourism and Leisure; and

Transport

 

11.        To elect Chairmen and Vice Chairmen of the following Select Committees (again assuming the recommendations set out in Agenda item 14 are agreed):

 

(i)                 Adult and Community Services;

(ii)               Children’s Services;

(iii)             Economic Development, Planning, Tourism and Leisure Services;

(iv)              Environment and Transport;

(v)                Fire and Public Safety; and

(vi)              Resources.

 

12.       To elect Chairmen and Vice Chairmen of the following Regulatory Committees:

 

(i)                 Development Control;

(ii)               Licensing; and

(iii)             Regulatory

 

13.        Dates of future meetings

 

For Members to agree the dates of meetings of the Council for the ensuing year (all meetings to commence at 9.30 am):

 

Wednesday, 12 May 2004

Wednesday, 9 June 2004

Wednesday, 21 July 2004

Wednesday, 18 August 2004

Wednesday, 15 September 2004

Wednesday, 27 October 2004

Wednesday, 24 November 2004

Wednesday, 8 December 2004

Wednesday, 19 January 2005

Tuesday, 22 February 2005

Wednesday, 16 March 2005

Wednesday, 13 April 2005

Wednesday, 25 May 2005 (Annual Council)

 

14.        RECOMMENDATIONS FROM THE EXECUTIVE HELD ON 2 APRIL 2004 :

 

ORGANISATIONAL CHANGES ARISING FROM THE CREATION OF A CHILDREN’S SERVICES DIRECTORATE

 

The Executive at its meeting on 17 December 2003 had decided to proceed with the establishment of a Strategic Director of Children’s services with effect from 1 April 2004. A report was now presented to the Executive of the implications of creating a Children’s Services Directorate and on the structural changes that would be required as a consequence, including necessary changes at portfolio holder and at select committee level.

 

Members were informed that the politically proportionate Appointments Panel had unanimously appointed David Pettitt to the post of Strategic Director of Children’s Services pending the creation of that post by decision of the Executive or by statute.

 

Members discussed a number of issues raised in the report including the placement of Museums and Libraries, the proposed relocation of the Best Value Unit and the change of name to the Corporate Services Directorate.

 

The close relationship and connection between Tourism and Leisure Services was debated in detail. During the debate an amendment was proposed and seconded that

 

(i)                 in order to reflect the recommendation of the Select Committee that Leisure Services should be linked with Tourism in any future restructuring and

 

(ii)               to secure the benefits of bringing Leisure Services together with Tourism sooner rather than later that Appendix A be amended to place Leisure Services in the Environment Services Directorate

 

There was also an amendment to locate Sport and Arts in the Children’s Services Directorate together with Libraries and Museums as set out in the report.

 

Members also considered the view that given the strategic nature and significance of the changes highlighted in the report, that Full Council should be afforded the opportunity to debate the issues.  Legal advice was received that with the exception of the changes to portfolio holder and select committee arrangements that were proposed to take effect from the Annual Council meeting, the proposed changes were an Executive function and responsibility which therefore could not be delegated.

 

RESOLVED :

 

(i)                 THAT the Council proceed to create a Directorate for Children’s Services by April 2005 in accordance with the recommendations set out in the report

 

(ii)               THAT the other consequential changes to the Council’s management structure as shown in Appendix A (as amended) attached to the report be approved and be implemented with effect from 1 April 2004 or within a reasonable period thereafter, the amendments being that Leisure Services be moved into the Environment Services Directorate and that Sports and Arts be moved into the new Children’s Services Directorate

 

(iii)             THAT the Monitoring Officer be given Delegated Authority to amend the existing schemes of delegations as necessary insofar as this is required to achieve the new Children’s Services Directorate

 

(iv)              THAT with effect from the Annual Meeting the changes in portfolio holder and Select Committee arrangements as set out in the report be effected

 

(v)                THAT the above recommendations will not be implemented until they have been endorsed by Full Council

 

(A copy of the report as considered by the Executive is attached at Paper C)

 

15.       RECOMMENDATIONS OF THE CO-ORDINATING COMMITTEE

 

TOWARDS EXCELLENT OVERVIEW AND SCRUTINY – THE NEXT STEPS

 

The Committee considered the report of the Head of Select Committee and Best Value Support in relation to a number of issues raised by the IDeA Peer Review and the Ofsted Inspection of the LEA. An initial review of some working arrangements and processes,  together with a web based survey of democratic arrangements in all other English Unitary Authorities, had been undertaken.

 

One area that had been highlighted by the Peer Review was the way that the Chairmanship of Select Committees were allocated. Arising from the information obtained through research and reviews undertaken by a number of organisations it appeared that there was no proven correlation between best practice and opposition groups having Chairmanships. There was a link to the quality and leadership of Select Committee Chairmen. It was believed that the proposed training through South East Employers should assist in developing the skills required. This would then enable the matter to be reviewed in 12 months time.

 

Members were reminded that at the last meeting details of the size and commencement time of Select Committees of other unitary authorities had been requested. The Head of Select Committee and Best Value outlined the results of this and a copy of this was circulated. The Committee agreed that the current membership of 12 for each Select Committee was creating a large burden for non-Executive members. Discussion took place on what was considered to be a reasonable number. The Head of Select Committee and Best Value Support indicated that the quorum and number for a call-in would also require amendment if the membership was reduced below 10. Any change in the size of Select Committees would have to be agreed by full Council.

 

In respect of the frequency of meetings there was an opportunity for each Select Committee to utilise the diaried date to have an informal briefing on a key topic, particularly if stakeholders were involved, or undertake an information gathering site visit. On the matter of commencement time of meetings reference was made to the Healthfit consultation exercise carried out by the Social Services, Housing and Benefits Select Committee. This involved a series of evening meetings to assist in stakeholder attendance. Members considered that when Select Committees established their workplans the style of meeting and timing could be taken into account to ensure a flexible approach. The ability for members to attend local community meetings, Town and Parish Council meetings or school governing bodies could be seriously affected if all Select Committee meetings were moved to late afternoon or evenings.

 

The Head of Select Committee and Best Value Support then referred to how the workplans for Select Committees were determined. All the advice on best practice, especially through the Centre for Public Scrutiny, indicated that to demonstrate independent and transparent overview and scrutiny the present arrangements should continue to be developed.  To assist in the process it was intended to introduce a pro-forma and criteria for Select Committees to use in establishing priorities and key issues requiring attention. Members agreed with the proposed development and suggested that in addition the Constitution should be amended to ensure adherence to this process. The Committee noted that it was intended for each Select Committee to have its Awayday on the date shown in the diary for the May meetings.

 

Consideration was then given to the call-in process and the need to ensure a better understanding of its purpose. Although there had been only a few occasions that this had been utilised it was clear that there was a requirement for a more structured approach to the process. The Head of Select Committee and Best Value Support suggested the adoption of a pro-forma. Members debated the interpretation of the reason given for a call-in and believed that this should be clarified by the Monitoring Officer and supplied as written guidance with the call-in form.

 

RESOLVED TO RECOMMEND TO COUNCIL

 

(a)       THAT the present arrangements for the allocation of Chairmanship of Select Committees remain but be reviewed in 12 months time.

 

(b)               THAT the size of Select Committees be reduced to 9, with the quorum being amended to 3 and the number required to activate a call-in reviewed accordingly to take into account proportionality.

 

(A copy of the report as considered by the Co-ordinating Committee is attached at Paper D)

 

16.       ANNUAL REPORT OF THE SELECT COMMITTEES

 

To receive the annual report of the Select Committees (Paper E)

                                                                                              

 

 

                                                                                  M J A FISHER

                                                                           Chief Executive Officer