ISLE OF WIGHT COUNCIL

 

Chief Executive Officer

County Hall

Newport

Isle of Wight

PO30 1UD

 

1 July 2003

 

To: ALL MEMBERS OF THE COUNCIL

 

You are hereby summoned to attend a MEETING of the COUNCIL to be held on WEDNESDAY, 9 JULY 2003 in the COUNCIL CHAMBER, COUNTY HALL, NEWPORT, ISLE OF WIGHT commencing at 10.00 am for the transaction of the business set out in the agenda below.


 

AGENDA

 

PRAYERS

 

1.             To approve as a correct record and to sign the Minutes of the meeting of the Council held on 11 June 2003 (Paper A).

2.             To receive any declarations of interest.

 

3.             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, 7 July 2003.

 

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

 

5.            To consider the following business as deferred from the last Council meeting:

 

Development Of The Full Council Meeting

 

To consider the attached motion from Mr A Sutton (Paper B).

 

6.            Motions submitted under Procedure Rule 11:

 

(a)         By Mrs D Gardiner CC :

 

This Council, noting with concern the low voter turnouts at the 2001 elections and particularly at the recent by-election, determines to conduct the 2005 local elections entirely by postal ballot, provided:

 

1.            there is not a general election on the same day;

2.            the cost of such an election is not significantly more than the usual running costs.”

 

(b)         By Mr D Knowles CC :

 

“THAT all Members be reminded of the Council’s Crime and Disorder Strategy as adopted by the Council at its meeting on 20 March 2003 and that particular emphasis be placed on the tackling anti-social behaviour (that frequently leads to crime and disorder) by all the agencies involved. In agreeing this emphasis the Council calls upon all agencies and partners (with particular reference to those Licensed to sell alcohol) to work together to reduce anti-social behaviour and where necessary to issue Anti-Social Behaviour Orders and/or Acceptable Behaviour Contracts.”

 

7.            Possible Extension of the Eastern Boundary of Wootton Parish Council

 

To consider the attached report (Paper C) from the Portfolio Holder for Resources.

 

8.            Recommendations from the Standards Committee

 

MEMBERS’ INDEMNITY AND INSURANCE ARRANGEMENTS

 

The Committee considered a report from the Monitoring Officer setting out the current arrangements for Members indemnity and insurance and suggesting ways that this cover might be extended to ensure maximum protection for Members whilst undertaking their official duties in a responsible manner.

 

It was noted that with regard to outside bodies the Resources Select Committee of the Council had commissioned some work to identify which outside bodies it would be appropriate for the Council to appoint to and what conditions should be attached to any such appointment.  A further report would be submitted back to this Committee once this work had been completed.

 

On the issue of extending the indemnity and insurance arrangements for Members the Committee considered that these should be slightly more restricted than recommended to ensure that the Council could (on the recommendation of this Committee on a case by case basis) not extend the indemnity when the circumstances justified it.

 

RESOLVED TO RECOMMEND TO THE COUNCIL :

 

(a)         THAT the following policy be adopted with regards to Members indemnity in defending libel actions against Members:

 

(i)           That the Council may meet, in cases where the insurance cover for defending defamation cases applies, the percentage of uninsured costs or damages where it is advised it is legally able to do so, on a case by case basis.

 

(ii)         That no indemnity is offered to Members defending defamation cases where insurance cover does not apply.

 

(iii)       That indemnity for the costs of defamation proceedings brought by a Members will only be considered by the Council following receipt of legal advice sought and paid for by the Member concerned which advises there is a substantial defamation and good prospects of successful proceedings.

 

(iv)        That the Standards Committee make a recommendation in any case (including whether an excess should be applied) where funds are likely to be committed by the Council to indemnify a Member in any of the above circumstances.

 

(b)         THAT the Council adopt the following policy for the payment of a Member’s costs in defending themselves against an allegation to the Standards Board:

 

That the Council indemnifies Members for reasonable costs of defending themselves against a complaint to the Standards Board where:

 

(i)           The Member has been cleared of all or part of the allegation; and

 

(ii)         The Council is advised it is legally able to do so, on a case by case basis, and

 

(iii)       That the Standards Committee make a recommendation in any case where funds are likely to be committed by the Council to indemnify a Member under this policy.

 

(A copy of the report considered by the Standards Committee is attached at Paper D)

 

9.            EXECUTIVE :

 

(b)         Recommendation from the Executive held on 18 June 2003:

 

Best Value Performance Plan 2002/03

 

The Executive considered the Best Value Performance Plan for adoption by the Council. This was an annual document setting out the Councils performance against a range of indicators as required by the Audit Commission.

 

RESOLVED TO RECOMMEND TO COUNCIL :

 

THAT the Best Value Performance Plan be approved.

 

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

 

(c)         Portfolio Holders to give an update on major issues and to answer written and oral questions on budget or policy :  

 

(i)           The Leader (Mrs S A Smart)

(ii)         Deputy Leader (Mr P G Harris)

(iii)       Economic Development, UK and EU, Regional Issues (Mr H Rees);

(iv)        Education and Lifelong Learning (Mrs J L Wareham);

(v)          Fire, Emergency Planning and Consumer Protection (Mr D J Knowles);

(vi)        Resources (Mr R R Barry);

(vii)      Social Services and Housing (Mr G Kendall);

(viii)    Sustainable Development, Environment and Planning Policy (Mrs T Butchers);

(ix)        Tourism and Leisure (Mr J Fleming);

(x)          Transport (Mr E Fox).

 

To guarantee a full reply Members must submit a question in writing or by electronic mail to Committee Services no later than 10.00 am on Tuesday, 8 July 2003. A further period of 10 Minutes will be allowed for oral questions to each Portfolio Holder.

 

 

                                                                                              

 

 

                                                                                  M J A FISHER

                                                                           Chief Executive Officer