CONSITUTION WORKING PARTY 24TH FEBRUARY 2005 Minutes of the meeting of the Constitution Working Party held in County Hall, Mold on Thursday, 24th February, 2005. PRESENT: Councillor Mrs D.S. Banks, D. Barratt, J.G. Beard, RJ.T. Guest, P.G. Heesom, M. Higham, R.P. MacFarlane, N.R. Steele-Mortimer and P.J. Walkden. SUBSTITUTES: Councillor N. Matthews for D.M.D. Clayton, E. F. Evans for L.A. Aldridge, J.F. Jones for D. Darlington, Mrs R. Griffiths for Mrs G.D. Diskin. IN ATTENDANCE: The Chief Executive attended for minute number 22 below. Monitoring Officer and Principal Administration Officer. RESOLVED That in the absence of the Chairman and Vice-Chairman, Councillor M. Higham be appointed Chairman for this meeting. 21. MINUTES Subject to the reference in minute number 19 (2) for the requirement for any substitute for the Audit Committee to have received the appropriate training, that the minutes of the meeting held on 8th December 2004 be received as a correct record. 22. ACCESS TO BUILDING SUB-GROUP The Working Party considered the report of the Monitoring Officer, the purpose of which was to consider recommended amendments to that part of the protocol on Members/Officers relations concerning access to buildings. The Monitoring Officer reported that the Access to Building Sub-Group set up by this Working Party had met on two occasions. Arising from the deliberations of that group the new draft Section 11 of the protocol was attached to the report for the Working Party’s consideration. It was also agreed that discussions proceed in relation to access to the printing room by Members and changes to Members Services Suite to enable access to be available to Members between 8 am and 6 pm. The Monitoring Officer then presented the proposed amendments to the protocol and the Working Party examined each of these individually. Minor amendments were made and these were noted by the Monitoring Officer. With regard to the point made earlier about the times for access to the Members Services area, the Chief Executive accepted that it was reasonable to extend the existing hours in line with that suggested. Following on from this discussion Councillor P.G. Heesom felt that facilities needed to be available for Members to undertake bulk copying. The Chief Executive explained that there was a photocopier in the Members Services Area which was intended to address general requirements. He further suggested that if large or bulky photocopying jobs were necessary then this could be arranged via the Members Services support staff who would arrange for it to be delivered to and returned from the main photocopying area on the first floor. He emphasised the importance of this arrangement because the Housing Benefits Section was situated on the same stretch of corridor and therefore strict security control along that corridor was necessary. Councillor P.G. Heesom felt that it was necessary for Members to have personal access to copying facilities to accommodate bulk jobs particularly when there was confidential group business involved. In making these comments Councillor Heesom fully accepted the need for security in that area but suggested that the rearrangements of doors or locking of some areas could address this problem. In response the Chief Executive expanded upon security issues and commented that it was necessary to have a fundamental trust of staff to maintain confidentially. In this respect he felt that there was no need for Members to have access to the first floor copying area. Councillor P.G. Heesom stressed that in no way was he doubting the integrity of the staff but felt that it would be advisable to take away an element of risk before that risk took place. An alternative would be to provide a copier in the Member Services Area which was capable of undertaking large photocopying jobs on an economic basis. A number of Members commented that they would not wish to give the impression to staff that they were not trusted. Councillor R.G.T. Guest suggested that it be made clear that there was no offence intended in the comments but that the intention was to address a problem before it arose. The Chief Executive made the comparison that it could be construed that there was an element of trust in one area of the Council’s operation but not the other in as much that staff in the print room would be required to copy the confidential information referred to. The Chief Executive suggested that as a way forward that the current usage of the photocopier in the Member Services area be monitored and the levels of copies calculated. On this basis it could be determined if a photocopier with greater capacity is required. Councillor P.G. Heesom felt that it was unreasonable for such a monitoring exercise to be undertaken. The Access to Building Sub-Group also suggested that discussions proceed regarding the possibility of a similar sub-group to this, being established to consider car parking outside Phase One in County Hall. The Chief Executive in response to this suggestion advised that there was a number of issues relating to car parking around the County Hall complex. He suggested that although there had been certain difficulties there appeared to have been a significant increase in the need for car parking spaces over the last few months. Members expanded on the difficulties they had about parking on meeting days and suggested a number of methods as to how this could be addressed. The Chief Executive indicated that he had already initiated some preparatory work to identify why there has been a sudden upsurge in the requirement for parking. Whilst noting the suggestions of Members which he accepted could solve problems for parking at the front of County Hall felt that it may merely shift the problem to another area of the County Hall complex. In these circumstances he suggested that he be allowed to conclude his research on this issue which would allow him an opportunity to advise Members of an appropriate course of action in the future. The Monitoring Officer also referred to an issue that had been raised at the sub-group on 17th December 2004 whereby it was recommended that a formal statement be issued to all Members of staff stating that the Council would not tolerate any bullying or aggressive behaviour by Members of the Council towards Council staff and that all political groups be asked to sign up to such a statement. The Monitoring Officer explained why this issue had been raised and Members felt that it was appropriate for such a statement to be made. Councillor P.G. Heesom reminded the Working Party that all Members had already in fact signed and accepted the Code of Conduct. Councillor R.J.T. Guest also indicated that it needed to be made clear that such a statement did not add anything in legal terms to the employee’s existing rights. Members were concerned that it was necessary for such an issue to be raised and felt that rather than groups signing up on behalf of its Members, that Members in their own right should be requested to sign the undertaking. RESOLVED a) That the amended Member/Officer protocol as detailed in the appendix to the report of the Monitoring Officer and subject to the amendments made by the Working Party, and noted by the Monitoring Officer, be approved. b) That discussions proceed for the Member Services Area being available from 8am until 6pm and that the usage of the photocopier in that area be monitored to ascertain if it is necessary for a larger capacity copier to be provided. c) That a report from the Chief Executive in relation to car parking in the County Hall complex be awaited and further consideration be given to the establishment of the sub-group to discuss the relevant issues when it has been received. d) That all Members of the Council be requested to sign up to a statement confirming that the Council would not tolerate any bullying or aggressive behaviour by Members of the Council towards Council staff. 23. PROPOSED AMENDMENTS TO THE CONSTITUTION The Committee considered the report of the Monitoring Officer, the purpose of which was to recommend tidying up amendments to the County Council’s Constitution. Prior to the presentation of his report the Monitoring Officer suggested that because it was such a large document and was likely to require amendment on a regular basis that it would be more appropriate if it could be emailed to Members of the Council. Members felt that this was a reasonable suggestion to avoid unnecessary costs but expressed a preference that copies be sent on disk to all Members with hard copies being made available in the Member Services Suite. The Monitoring Officer then presented his report and he expanded upon each of the recommendations contained therein and the reason for those amendments. The proposed amendments related to the School Admissions Policy, changes necessary as a result of the transfer of various functions from one Directorate to another and the subsequent need to update the job purpose and accountabilities of some Directors. He also reported on changes to the Delegation Scheme of Executive functions agreed by the Leader including changes to delegations relating to Traffic Regulation Orders. The Working Party was also advised that the Delegation Scheme also required amendment in relation to the grant of Licenses, Certificates and other authorisations. The Monitoring Officer also reported upon the decision of the Overview and Scrutiny Co-ordinating Committee which at a meeting held on 23rd February 2005 agreed detailed Terms of Reference for each of the 6 new proposed Overview & Scrutiny Committees. Arising from this the Head of Scrutiny had submitted another report to the Co-ordinating Committee whereby he indicated that the Constitution required certain items to appear on every Overview and Scrutiny Committee Agenda. It was subsequently suggested that it was not necessary for these items to appear unless there was a relevant item to be addressed in accordance with that specific requirement and the Working Party felt that this was reasonable. The Monitoring Officer reported on those issues relative to the Council’s Financial Regulations as a result of guidance issued under the Money Laundering Regulations 2003 which were implemented on 1st March 2004. He suggested that financial recommendations he amended to comply with this and this accepted by the Working Party. A further amendment to the regulations related to the County Treasurer’s delegated powers in relation to the write off bad debts. An increase in the figure to £5,000 was recommended and the Working Party accepted this. RESOLVED That the proposed amendments to the Constitution as identified in the report of the Monitoring Officer and those further amendments referred by him at the meeting be recommended to the Council for acceptance. …………………………….. Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT CONSTITUTION WORKING PARTYDATE: 24TH FEBRUARY 2005 MEMBERITEMMIN. NO. REFERS THERE WERE NO DECLARATIONS MADE. - 1012 -
