Agenda item

Appointment of Committees

 

That the Council appoint the following committees:

 

Audit Committee

Clwyd Pension Fund Committee

Constitution and Democratic Services Committee

Joint Governance Committee (for Pensions)

Licensing Committee

Planning Committee

Standards Committee

The six Overview & Scrutiny Committees listed in paragraph 1.01

 

Determination of the size of committees

 

That the size of each Committee be as set out in paragraph 1.03 of the report.

 

Terms of Reference of committees and Pension Delegations

 

That the terms of reference for each committee in Part 2 of the Constitution be approved).

 

Political Balance

 

(a)       That the seats be allocated in accordance with political balances (and the rules on membership of the Planning Committee); and

 

(b)       That the Constitution be amended so that in the event of two Members from a multiple Member ward being nominated to the Planning Committee, then the seat be allocated:

 

·         In the first instance, by agreement between the two respective Group Leaders;

·         In the event that agreement is not possible, the Chief Officer to draw lots from the nominations to decide which councillor can take up the seat.

 

Appointment of Chairs of Standing Committees

 

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

 

·             Clwyd Pension Fund Committee - Councillor Dave Hughes

·             Constitution & Democratic Services Committee - Councillor Rita Johnson

·             Licensing Committee - Councillor Sharps

·             Planning Committee - Councillor Wisinger

 

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

 

            Community and Enterprise           -             Labour Group

            Education and Youth                     -             Labour Group

            Corporate Resources                     -             Conservative Group

            Environment                                    -             New Independents Group

            Organisational Change                 -             Independent Alliance Group

            Social & Health Care                      -             Independent Group

 

Local Choice Functions

 

That the existing Local Choice functions as set out in the Constitution be confirmed.

 

Nominations to Internal Bodies

 

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

 

Standards Committee

 

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

 

Appointments to Outside Bodies

 

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).

The Council considered the report of the Chief Officer (Governance) which dealt with matters that required decision at the Annual Meeting of the County Council in accordance with Council Procedure Rule 1.1 (vii) - (xiv).  The report was split into sections, each one dealing with one decision that needed to be made and the relevant issues for consideration.  Each section was considered and voted on in turn.

 

(A)       Appointment of Committees

 

The Chief Officer (Governance) explained that the Constitution provided for the appointment of the following: Audit Committee; Clwyd Pension Fund Committee; Constitution & Democratic Services Committee; Joint Governance Committee (for Pensions); Licensing Committee; Planning Committee; Standards Committee and six Overview and Scrutiny Committees.

 

Councillor Attridge moved approval of the recommendations as outlined in the report which were seconded by Councillor Bithell.

 

RESOLVED:

 

That the Council appoint the following committees:

 

Audit Committee

Clwyd Pension Fund Committee

Constitution and Democratic Services Committee

Joint Governance Committee (for Pensions)

Licensing Committee

Planning Committee

Standards Committee

The six Overview & Scrutiny Committees listed in paragraph 1.01

 

(B)       Determination of the size of Committees

 

The Chief Officer (Governance) explained that the size of each committee must be decided at the Annual Meeting.  Details of the provision for the size of the Committees were outlined in the report.

 

Councillor Attridge moved approval of the recommendations as outlined in the report which was seconded by Councillor Bithell.

 

RESOLVED:

 

That the size of each Committee be as set out in paragraph 1.03 of the report.

 

(C)       Terms of Reference of Committees and Pension Delegations

 

The Chief Officer (Governance) explained that the Annual Meeting was required to decide the terms of reference of the committees that it appointed.  The existing terms of reference of the existing committees were as set out in Part 2 of the Constitution.

 

Councillor Attridge moved approval of the recommendations as outlined in the report which was seconded by Councillor Bithell.

 

RESOLVED:

 

That the terms of reference for each committee in Part 2 of the Constitution be approved).

 

(D)       Political Balance

 

The Chief Officer (Governance) explained that at, or as soon as practicable after the Annual Meeting, the Council was required 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.

 

There were 157 seats in total for Councillors across all of the committees based on the current group membership and the entitlement of each group to seats was shown in paragraph 1.12 of the report.  As there had been no change in group sizes, the current political balance seat calculations were appended for consideration as one of a number of possible solutions.

 

Councillor Peers referred to Planning Committee membership restrictions on multiple member wards as set out in the legislation and the mechanism agreed by the Council to firstly resolve these nominations through negotiation between respective Group Leaders.  If this could not be achieved, the second stage was for the proper officer to accept the first nomination received.  Councillor Peers moved an amendment that any nominations be assessed by the Chief Officer to select a candidate based on their skills and that if both candidates were considered acceptable, the decision be based on votes cast in the last local elections.

 

The Chief Executive raised concerns about the suggested involvement of Chief Officers in this process, and the use of election voting outcomes for a different purpose for which there was no precedent.

 

These concerns were shared by the Chief Officer (Governance) who recalled more traditional ways of resolving nominations from multiple member wards suggested at the previous Annual Meeting, such as drawing lots or tossing a coin, practices which were common in resolving ties in elections.

 

In recalling the previous debate, Councillor Aaron Shotton proposed the drawing of lots as a fairer method than accepting the first nomination.  This was seconded by Councillor Attridge.

 

It was clarified that if agreed, this would be specified in the Constitution and that in the first instance, resolution would be sought through agreement by Group Leaders.  On being put to the vote, this was carried.

 

RESOLVED:

 

(a)       That the seats be allocated in accordance with political balances (and the rules on membership of the Planning Committee); and

 

(b)       That the Constitution be amended so that in the event of two Members from a multiple Member ward being nominated to the Planning Committee, then the seat be allocated:

 

·         In the first instance, by agreement between the two respective Group Leaders;

·         In the event that agreement is not possible, the Chief Officer to draw lots from the nominations to decide which councillor can take up the seat.

 

(E)       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.  A table in paragraph 1.14 of the report outlined which body appointed which Chair and what restrictions (if any) applied.

 

Councillor Aaron Shotton moved the following, which was seconded by Councillor Attridge:

 

• That Councillor Dave Hughes be appointed as Chair of the Clwyd Pension Fund Committee;
• That Councillor Rita Johnson be appointed as Chair of the Constitution & Democratic Services Committee;
• That Councillor Sharps be appointed as Chair of the Licensing Committee; and
• That Councillor Wisinger be appointed as Chair of Planning Committee

 

As the Leader of the Independent Alliance group, which was the second largest group on the Council, Councillor Peers moved an amendment to enable his group to have a fairer portion of Chair allocations on committees.  He proposed that Councillor Woolley be appointed Chair of the Constitution & Democratic Services Committee and Councillor Rosetta Dolphin as Chair of the Licensing Committee.  This was seconded by Councillor Chris Dolphin.  On being put to the vote, the amendment was lost.

 

The substantive motion, as moved by Councillor Aaron Shotton, was seconded by Councillor Bithell and on being put to the vote, was carried.

 

The Chief Officer (Governance) explained that the chairs of Overview & Scrutiny Committees were chosen by the political groups based on the strength of the various groups and which had seats on the Cabinet.  Chairs were allocated to groups with a place on Cabinet first and any entitlement was rounded down to the nearest whole number.  The remaining chairs were then allocated to groups without a seat on Cabinet, rounding up to the nearest whole number.

 

Councillor Aaron Shotton moved the following, which was seconded by Councillor Attridge:

 

Overview & Scrutiny Committee            Group to Choose Chair

Community & Enterprise                         Labour

Education & Youth                                  Labour

Corporate Resources                              Conservative

Environment                                             New Independents

Organisational Change                          Independent Alliance

Social & Health Care                               Independent

 

In response to a question from Councillor Peers, the Chief Officer provided clarification on the legislation to ensure fair entitlement of chair positions allocated to political groups with no Executive positions, as reflected in the appendix to the report.

 

Councillor Chris Dolphin called for fairness across the Council and moved an amendment that the Chair of the Environment Overview & Scrutiny Committee be allocated to the Liberal Democrat group.  This was seconded by Councillor Richard Jones who felt that the position should be allocated between the two smallest political groups in alternating years.  On being put to the vote, the amendment was lost.

 

The substantive motion, as moved by Councillor Aaron Shotton, was put to the vote and carried.

 

RESOLVED:

 

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

 

·             Clwyd Pension Fund Committee - Councillor Dave Hughes

·             Constitution & Democratic Services Committee - Councillor Rita Johnson

·             Licensing Committee - Councillor Sharps

·             Planning Committee - Councillor Wisinger

 

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

 

            Community and Enterprise           -             Labour Group

            Education and Youth                     -             Labour Group

            Corporate Resources                     -             Conservative Group

            Environment                                    -             New Independents Group

            Organisational Change                 -             Independent Alliance Group

            Social & Health Care                      -             Independent Group

 

(F)       Local Choice Functions

 

The Chief Officer (Governance) 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 Part 3, Section A, Table 3 of the Constitution.

 

Councillor Bithell moved approval that the existing Local Choice Issues be confirmed, which was seconded by Councillor Ian Dunbar.

 

RESOLVED:

 

That the existing Local Choice functions as set out in the Constitution be confirmed.

 

(G)       Nominations to Internal Bodies

 

The Chief Officer (Governance) 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 continue, as set out in the report.

 

Councillor Attridge moved approval of the recommendations as outlined in the report, which was seconded by Councillor Bithell.

 

RESOLVED:

 

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

 

(H)       Standards Committee

 

The Chief Officer (Governance) explained the composition and membership of the Standards Committee which Members were requested to note.

 

Councillor Attridge moved the recommendations in the report, which were seconded by Councillor Bithell.

 

RESOLVED:

 

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

 

(I)         Appointments to Outside Bodies

 

The Chief Officer (Governance) explained that members had been appointed to Outside Bodies for the whole term of the Council at the AGM in 2017, subject to any change agreed by the Chief Executive in consultation with Group Leaders.

 

Councillor Attridge moved the recommendations in the report, which were seconded by Councillor Dunbobbin.

 

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).