A report by the Director of Law, HR and Asset Management reminded Members that, at its meeting on 21 December 2009, the Council passed a resolution to formally adopt the ‘new style Leader and Cabinet Executive (England)’ model and approve the following proposals relating to that model:

‘(1)  That Council, in pursuance of the Local Government and Public Involvement in Health Act 2007, adopts the Leader and Cabinet Executive (England) model of governance.

(2)  That Council approves and adopts the proposals relating to the Leader and Cabinet Executive (England) model of governance set out at Appendix 1 to the report of the Director of Law, HR and Asset Management.’

The report set out the changes required to the Council’s Constitution to comply with the requirements of the Local Government and Public Involvement in Health Act 2007 (‘the 2007 Act’). The following changes were the most important features of the new governance arrangements:

·  Provision for the Leader to be elected for a four year term of office (or until their earlier date of retirement as a Councillor) instead of being appointed every year.

·  Provision for the removal of the Leader (within the four year term of office) by resolution of the full Council and for the election of a new Leader.

·  Provision for the Leader (rather than full Council) to appoint (and remove) Members of the Cabinet.

·  All executive power will be vested in the Leader (rather than the Cabinet collectively) and the Leader will then decide whether to delegate it to Cabinet, individual Cabinet Members or officers.

·  Provision for the Leader to be able to appoint a Deputy Leader, who will hold office whilst the Leader remains in office.

The suggested drafting amendments to the Constitution to give effect to these new arrangements were set out in Appendix 1 to the report.

In addition to the changes required to comply with the 2007 Act, the amendments in Appendix 1 also included within the new Council Procedure Rule 5A, Annual Council Meeting, a mechanism for determining the date of that meeting.  This would meet the requirements of the Local Government Act 1972.  It would also mean that the 2010 Annual Council Meeting would commence on 17 May 2010.

RESOLVED:

That the content of the report be noted and it be recommended to Council that,

(a)  the changes to the Constitution set out in Appendix 1 to the report be approved, along with the following amendments:

Article 7 – The Cabinet

Delete: 7.6.iii and replace with

Where the Leader makes any change to the above arrangements for the exercise of executive functions, the Leader must give written notice to the Proper Officer and to the person, body or committee concerned.  The notice must set out the extent of the amendment to the scheme of delegation and whether it entails the withdrawal of delegations from any person, body, committee or Cabinet as a whole.  The Proper Officer will immediately notify all Chief Officers and Councillors of the changes and will present a report to the next ordinary meeting of the Council setting out the changes made by the Leader.  Where the Leader seeks to withdraw delegation from a committee, notice will be deemed to be served on that committee when he/she has served it on its Chair.

Rules of Procedure

Council Procedure Rules – Standing Orders

Section 1 – Relating to meetings of the Council

Paragraph 2 – Election of Mayor and Deputy Mayor

Add:

Should the Deputy Mayor subsequently be asked by the Leader to take up a position in his/her Cabinet and wishes to accept that invitation, then the Deputy Mayor shall relinquish the post of Deputy Mayor but may still be considered “Mayor Designate” for the following year.  In these circumstances, a new election for Deputy Mayor will be held as soon as practicable to carry out all the activities associated with that post.

(b)  the Director of Law, HR and Asset Management (in consultation with the Leaders of all Political Groups) be given delegated authority to make any necessary consequential amendments to the Constitution consistent with the changes contained within Appendix 1 to the report.