Decision details

That Council appoints the following Committees:

 

Audit Committee

Clwyd Pension Fund Committee

Community, Housing & Assets Overview & Scrutiny Committee

Constitution & Democratic Services Committee

Corporate Resources Overview & Scrutiny Committee

Education, Youth & Culture Overview & Scrutiny Committee

Environment & Economy Overview & Scrutiny Committee

Joint Governance Committee (for Pensions)

Licensing Committee

Planning Committee

Social & Healthcare Overview & Scrutiny Committee

Standards Committee

Grievance Committee

Grievance Appeals Committee

Appeals Committee

Investigation & Disciplinary Committee

 

(ii)        Determination of the size of Committees

 

The Chief Officer explained that the size of each of the  Committees that Council  had  appointed must be decided at the Annual Meeting.  Council determined at its meeting on 27 February that there should be a new politicalbalance solution which achieved an overall reduction in the number of committee places whilst still making provision for all political groups to be represented on the Council’s  major committees.  The details of the provision for the size of the Committees was as set out in the report (subject to the corrections for the terms of reference for the Environment & Economy Overview & Scrutiny Committee and the Corporate Resources Overview & Scrutiny Committee as explained under the item on Appointment of Committees) .

 

RESOLVED:

 

That the size of each committee be as set out in paragraphs 1.03 and 1.04 of the

report.

 

 

(iii)       Terms of Reference of Committees

 

The Chief Officer explained that the Annual Meeting was required to decide the terms of reference of the Committees that it appointed.   He advised that the terms of reference of the existing Committees were set out in the Constitution.  The terms of reference for the Overview & Scrutiny Committees within the revised structure were attached as appendix 1.  They were agreed by Council on 27 February 2020.    However, the Chief Officer reiterated that further amendments were required to move Emergency Planning and Crime and Disorder Partnership from the scope of Environment & Economy Overview and Scrutiny Committee  to the Corporate Resources Overview & Scrutiny Committee.

 

The new Overview & Scrutiny committee terms of reference would be incorporated within the Constitution. 

 

Councillor Ian Roberts moved approval of the recommendation in the report subject to the above amendments to the terms of reference.  This was seconded by Councillor Ted Palmer

 

RESOLVED:

 

That the terms of reference for each Committee as set out in the Constitution and, Overview & Scrutiny Committees as set out in Appendix 1 to the report, be approved subject to Emergency Planning and Crime and Disorder Partnership being moved from Environment & Economy Overview & Scrutiny Committee to the Corporate Resources Overview & Scrutiny Committee.

 

(iv)      Political Balance

 

The Chief Officer (Governance) explained that the Council was required at, or as soon as practicable after the Annual Meeting, to decide the allocation of seats to political groups in accordance with the Political Balance Rules contained in the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) Regulations 1990 as amended.  Members were advised that these rules did not apply to the Cabinet or to the Standards Committee.

 

The Chief Officer referred to the key points as detailed in the report.  He explained that in the allocation of political balance where some councillors were not in a political group then the Council must ensure that a proportion of seats were allocated to those councillors.  He said there was currently one non-aligned Councillor and provision for that Member was detailed in Appendix 2 of the report. 

 

The Chief Officer explained that to attain political balance it had been necessary to separate out the ‘employment’ committees which were the Grievance, Grievance Appeals and Investigation & Disciplinary Committees, otherwise the smaller political groups would be disadvantaged by having to use part of their seat allocation on committees which were seldom required to meet.  The separation required a specific agreement from all Members of the Council. 

 

The Chief Officer advised there were 118  seats in total for Councillors across all of the Council Committees based on the current group membership.  The entitlement of each group to seats was as set out in paragraph 1.14 of the report.

 

Councillor Carolyn Thomas moved approval of the recommendation in the report which was seconded by Councillor Ian Roberts.  When put to the vote this was carried.

 

Councillor Patrick Heesom sought clarification on the additional agreement that all Members, at the discretion of the Chair, had the right to attend and speak, but not vote,  at Overview & Scrutiny Committees.  The Chief Officer confirmed that Councillor Heesom’s understanding was correct and said this was an important consideration in relation to reducing the size of Committees.

 

RESOLVED:

 

That the seats be allocated in accordance with the political balance as set out in Appendix 2 of the report and the rules on membership of the Committees as set out in paragraphs 1.08 – 1.14, and that the seats on the Grievance, Grievance Appeals, and Investigation and Disciplinary Committees, be allocated to give a broad political spread of membership.

 

(v)       Appointment of Chairs of Standing Committees

 

The Chief Officer (Governance) explained that Committee Chairs were appointed by different bodies, some of which were subject to restrictions.  The table in paragraph 1.16 of the report outlined which body appointed which Chair and what restrictions (if any) applied.

 

Councillor Ian Roberts moved the following, which was seconded by Councillor Kevin Hughes:

 

• That Councillor Ted Palmer be appointed as Chair of the Clwyd Pension Fund Committee;

 

Councillor Mike Peers moved an amendment that Councillor Ralph Small be appointed as Chair of the Clwyd Pension Fund Committee.  This was seconded by Councillor Bob Connah.

 

Councillors Bob Connah and Richard Jones spoke in support of the nomination of Councillor Ralph Small.

 

On being put to the vote the amendment by Councillor Peers was lost.   The  substantive Motion, as moved by Councillor Ian Roberts, which was also put to the vote was carried.

 

Councillor Ted Palmer thanked Members for their support of his  nomination.

 

Councillor Ian Roberts moved the following, which was seconded by Councillor Chris Dolphin:

 

• That Councillor Neville Phillips be appointed as Chair of the Constitution & Democratic Services Committee

 

Councillor Mike Peers moved an amendment that Councillor Arnold Woolley be appointed as Chair of the Constitution & Democratic Services Committee.  This was seconded by Councillor Helen Brown. 

 

On being put to the vote the amendment by Councillor Peers was lost.   The  substantive Motion, as moved by Councillor Ian Roberts, which was also put to the vote was carried.

 

Councillor Neville Phillips thanked Members for their support of his  nomination.

 

Councillor Ian Roberts moved the following, which was seconded by Councillor Carolyn Thomas.  When put to the vote this was carried.

 

• That Councillor Sharps be appointed as Chair of the Licensing Committee.

 

Councillor Tony Sharps thanked Members for their support.

 

Councillor Ian Roberts moved the following, which was seconded by Councillor Chris Bithell.  When put to the vote this was carried.

 

• That Councillor Wisinger be appointed as Chair of Planning Committee

 

Councillor David Wisinger thanked Members for their nomination and continued support.

 

Councillor Mike Peers referred to the allocation of membership which he felt disadvantaged his own group which was the second largest on the Council, and commented on the need for a fair and equitable allocation of seats across political groups.

 

The recommendation that the Grievance Committee, the Grievance Appeals Committee, and Investigation & Disciplinary Committee should each appoint their own Chairs from amongst their respective memberships was moved by Councillor Ian Roberts and seconded by Councillor Chris Bithell.  When put to the vote this was  carried.

 

The Chief Officer explained that under the Local Government Measure 2011 the  Chairs of Overview & Scrutiny Committees are chosen by the political groups based on the strength of the various groups and which had seats on the Cabinet.  Chairs are allocated to groups with a place on Cabinet first and any entitlement was rounded down to the nearest whole number.  The remaining Chairs are then allocated to groups without a seat on Cabinet (rounding up to the nearest whole number).  The allocations of Chairs was set out in Appendix 2 of the report.

 

Councillor Ian Roberts moved the following, which was seconded by Councillor Carolyn Thomas:

 

Overview & Scrutiny Committee      Group to Choose Chair

Corporate Resources                            Conservative

Education, Youth & Culture                 Labour (Councillor David Healey)

Social & Healthcare                               Liberal Democrat

Environment & Economy                     Independent Alliance

Community, Housing & Assets           Labour (Councillor Ian Dunbar)

 

On being put to the vote, this was carried.

 

RESOLVED:

 

(a)       That the Chairs of the following Committees be appointed (noting any restrictions on eligibility):

 

·             Clwyd Pension Fund Committee - Councillor Ted Palmer

·             Constitution & Democratic Services Committee - Councillor Neville Phillips

·             Licensing Committee - Councillor Tony Sharps

·             Planning Committee - Councillor David Wisinger

 

(b)       That the Grievance Committee, the Grievance Appeals Committee, and Investigation & Disciplinary Committee should each appoint their own Chairs from amongst their memberships;

 

(c)        That the following groups be allocated the chair of the Overview & Scrutiny Committees as outlined:

 

Corporate Resources                      Conservative

Education, Youth & Culture           Labour (Councillor David Healey)

Social & Healthcare                         Liberal Democrat

Environment & Economy               Independent Alliance

Community, Housing & Assets                 Labour (Councillor Ian Dunbar)

 

(vi)      Local Choice Functions

 

The Chief Officer explained that the Council was required to agree such part of the Scheme of Delegation as the Council determined it was for the Council to agree.  This related to local choice functions which could be decided either by the Council or the Cabinet and/or delegated to officers.  The table of Local Choice Functions was  included in the Constitution.

 

Councillor Peers referred to the provision within the Constitution (function 20) to make payments to provide compensation in cases of maladministration and asked if such payments (specifically large payments) could be submitted to Council for consideration.  The Chief Officer provided clarification of the function and explained that such payments were varied but in general were for small amounts and were determined at Chief Officer level.  He acknowledged the point made by Councillor Peers that an overview of the procedures would be helpful and suggested that this could be undertaken by either the Audit Committee or Standards Committee.  The Chief Executive agreed that anonymised reports be provided retrospectively to the Audit Committee and Standards Committee (twice yearly) on the number of compensation cases and outcomes regarding involuntary settlements within function 20 of the Constitution.  Councillor Mike Peers moved approval of the proposal which was seconded by Councillor Marion Bateman.

 

Councillor Ian Roberts moved approval of the recommendation in the report  that the Local Choice functions as set out in the Constitution be approved, which was duly seconded

 

RESOLVED:

 

(a)       That the Local Choice functions as set out in the Constitution be approved; and

 

(b)       That anonymised reports be provided retrospectively to the Audit Committee and Standards Committee (twice yearly) on the number of compensation cases and outcomes regarding involuntary settlements within function 20 of the Constitution. 

 

(vii)     Nominations to Internal Bodies

 

The Chief Officer explained that the existing Scheme of Delegation provided for an Appointments Committee for first and second tier officers, comprising seven Members.  This was not a standing committee and was convened when required by seeking nominations from Group Leaders.  It was recommended that the make-up of the Committee continues, as set out in the report.

 

Councillor Ted Palmer moved approval of the recommendation in the report which was seconded by Councillor Ian Dunbar.

 

RESOLVED:

 

That the make-up of the Appointments Committee be approved.

 

(viii)    Standards Committee

 

The Chief Officer outlined the composition and membership of the Standards Committee which Members were requested to note.

 

Councillor Ted Palmer moved approval of the recommendation in the report which was seconded by Councillor Ian Dunbar.

 

RESOLVED:

 

That the composition and membership of the Standards Committee be noted.

 

(ix)      Appointments to Outside Bodies

 

The Chief Officer explained that at the Annual Meeting in 2017 Council appointed Members to outside bodies for the whole term of the Council.  It also gave the Chief Executive in consultation with Group Leaders, the power to make changes to those nominations as required.

 

Councillor Ted Palmer moved approval of the recommendation in the report which was seconded by Councillor Ian Dunbar.

 

RESOLVED:

 

That Council notes that nominees to Outside Bodies have been appointed for the whole

Council term and the Chief Executive’s power to vary those nominations (in

consultation with Group Leaders).