CONSTITUTION WORKING PARTY 8TH DECEMBER, 2004 Minutes of the proceedings of the meeting of the Constitution Working Party held in County Hall, Mold on 8th December, 2004. PRESENT: Councillor D.M.D. Clayton (Chairman) Councillors: L.A. Aldridge, D.S. Banks, D. Barratt, J.G. Beard, G.D. Diskin, J.J. Griffiths, R.J.T. Guest, P.G. Heesom, M. Higham and A. Woolley. SUBSTITUTES: Councillor J.F. Jones for D.L. Cox, R. Hampson for D. Darlington, Q.R.H. Dodd for N. Phillips, Mrs. S. Jones for P.J. Walkden. APOLOGY: Councillor N.R. Steele-Mortimer. IN ATTENDANCE: Chief Executive, Monitoring Officer, and Principal Administration Officer. The Corporate Support Manager and Ms Libby Sutton of Unison were also present. 16. MINUTES The minutes of the meeting held on 10th November, 2004 were approved as a correct record. 17. ACCESS FOR ELECTED MEMBERS - COUNTY HALL The Monitoring Officer reported that at the special meeting of the County Council held on 22nd November, 2004 a motion was considered in relation to access for Elected Members to service areas in County Hall. The Council subsequently resolved that the issue of Members access to Officers and Staff in County Hall be referred to this Working Party. It was also agreed that as security staff were involved that Trade Union representatives be present. The Monitoring Officer indicated that he had written to all Members asking for details of their access requirements and he summarised those for the benefit of Members at the commencement of the discussion. The Monitoring Officer further reported upon those Members who had access to other parts of the building including those areas beyond the bridge link. Councillor P.G. Heesom explained that a comparatively high number of Members required access to those departments situated beyond the bridge link. He quoted examples in support of this. He expressed a view which was supported by other Members that in a number of those departments there was no formal reception area where Officers could speak to Members who had issues to raise. Councillor Heesom also commented that a number of queries related to planning issues, and to be fair to the Officers who would need to provide the information they often required documentation which could be substantial if plans or maps were required. In those circumstances it was easier for a Member to go to the Planning Department rather than expect the Officer to bring all that information to the Members’ areas in Phase 1 of County Hall. Councillor Q.R.H. Dodd also quoted an example whereby it was necessary for him to visit the Education Department and he had to wait to be escorted to his meeting by a very Senior Officer of the Department and similarly escorted away at the conclusion. Other Members quoted similar instances and it was a general feeling that this was unacceptable. The Chief Executive commented upon the reasons why the systems had been introduced and advised that the buildings were more secure for the people who occupied them. Directors had been approached by members of staff who were concerned because their work was interrupted by regular unscheduled visits by Members. In this respect he accepted that some areas were more critical than others. The Chief Executive also explained that the approach by some Members did not comply with the protocol and their attitudes were portrayed as intimidating by some members of staff although this had not resulted in any formal complaint. He expanded that this initiative was not implemented in isolation and was linked to the development of the Members Services area and the improved facilities provided as a result of that. Ms Libby Sutton indicated that she was present as a Secretary of the Flintshire Joint Trade Unions Committee who fully supported the initiative. She expanded upon points where there had been thefts from offices in the County Hall complex. The Assistant Chief Executive supported this view and commented that there was bound to be initial difficulties until the system had an opportunity to develop. It was also reported that some Directors had expressed a view that productivity had increased since the introduction of the system and this was supported by Ms Sutton. Members were also informed that staff did not have full access and were restricted only to those areas where it was necessary for them to attend. The Leader in supporting the views expressed by the Chief Executive stressed that there was no political bias in determining those areas where Members could have access. Councillor R.J.T. Guest sought clarification on some of the identified problems. He suggested that if the approach of some Members to staff was inappropriate then there was a remedy for such matters to be addressed by the Standards Committee. Whilst accepting the need for security he suggested that the role of Councillors was different to that of members of the public because they had duties to perform. To undertake those duties it was necessary for them to have access to Officers of the Council. Councillor A. Woolley in supporting the views of Councillor Guest suggested that if security was an issue to be addressed then in the first instance perimeter security should be the priority. He also commented upon the difficulties with the automatic doors at the front entrance to County Hall. The Assistant Chief Executive confirmed that this matter had previously been raised and was currently being addressed. A number of Members supported the views already raised and commented on individual examples of difficulty they had encountered. Members said that they fully supported the principle of security of the buildings. They also expressed their concern at the points raised by the Chief Executive and Ms Sutton regarding the apparent intimidation of staff by Members of the Council but they felt that this was a different issue and should be addressed accordingly. The Leader of the Council, Councillor A. Aldridge, welcomed the discussion and felt that some very useful contributions had been made. He expanded upon the principles for the measures that had been taken but suggested that the implementation could have been handled better. He acknowledged the genuineness of the Members concerns and the constructive way they had been raised. In the circumstances he suggested that there were still a number of areas to be discussed and that it may be more appropriate for a Working Group to be established with a cross party representation of six Members being supported by the Chief Executive and the Monitoring Officer with an invitation for the Flintshire Joint Trade Unions Committee to be represented. RESOLVED: That a working group be established to review the protocol in relation to access for Members to buildings and Officers of the County Council. 18. TERMS AND REFERENCE OF OVERVIEW AND SCRUTINY COMMITTEES The Committee considered the report of the Monitoring Officer, the purpose of which was to consider making recommendations to the County Council in the light of the deliberations of the Overview and Scrutiny Co-ordinating Committee. The report detailed the background to its preparation. The Overview and Scrutiny Committee resolved that the Working Party be advised of the recommendations including those reported at the meeting from the Policy and Corporate Management Overview and Scrutiny Committee. RESOLVED: That the recommendations from Overview and Scrutiny Committee in relation to the Terms and Reference of Overview and Scrutiny Committees be supported. 19. SUBSTITUTES AT MEETINGS The Monitoring Officer reported that at present the Constitution was silent in relation to substitution of Members at meetings of the Committee. The existing practice, which had previously been adopted in the former Standing Orders, was that any substitution would have to be submitted prior to the commencement of the meeting, in writing and signed by the Group Leader. The Working Party felt that such a procedure was appropriate. The Monitoring Officer reported that with regard to the Audit Committee the existing procedure indicated that any substitution must require the consent of the Group Leaders. In practice the Audit Committee had considered requests for substitutes and had to be satisfied that there was an appropriate reason for that substitution. The Working Party concurred that this was reasonable. RESOLVED: (i) That the County Council be recommended to amend the Constitution to include the provision to require any substitutions to be submitted prior to the commencement of the Committee in question, in writing and signed by the Group Leader. (ii) That for the Audit Committee, Group Leaders should submit details of that substitution in writing in the usual way, but that any substitution has to be agreed by the Audit Committee. 20. THE LOCAL AUTHORITIES EXECUTIVE ARRANGEMENTS (FUNCTIONS AND RESPONSIBILITIES) (AMENDMENT) (WALES) REGULATIONS 2004 The Statutory Instrument had previously been circulated and the Monitoring Officer expanded upon the key areas in the Instrument particularly in relation to the licensing function. RESOLVED: That the amendments identified in the documents be supported. …………………………. Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT CONSTITUTION WORKING PARTYDATE:8TH JANUARY, 2005 MEMBERITEMMIN. NO. REFERS NO DECLARATIONS WERE MADE - 622 -
