CONSTITUTION FORUM 26TH JULY 2007 Minutes of the meeting of the Constitution Forum of Flintshire County Council held in County Hall, Mold on Thursday, 26th July 2007. PRESENT: Councillor R.J.T. Guest (Chairman) Councillors: Mrs. D.S. Banks, D. Barratt, D.M.D. Clayton, P.G. Heesom, R.P. MacFarlane, N. Phillips, A.P. Shotton and P.J. Walkden. SUBSTITUTE Councillors: E.F. Evans for J.G. Beard, A. Woolley for Colin Bithell. APOLOGIES Councillors L.A. Aldridge, G.D. Diskin, J.J. Griffiths, M. Higham and N.R. Steele-Mortimer. IN ATTENDANCE County Legal and Democratic Service Officer and Democratic Services Manager. 1. DECLARATIONS OF INTEREST None were received. 2. MINUTES RESOLVED That the minutes of the meeting held on the 5th April 2007, be confirmed as a correct record. 3. MATTERS ARISING FROM THE MINUTES Minute No. 6 The Leader of the main Opposition Group sought clarification on the current status of the Boards referred to in the minutes. The Chairman gave an update on the active work that had been undertaken relative to Procurement Board. The County Legal and Democratic Services Officer also reported that the Risk Management Board and Procurement Board could be dealt with as separate issues because the main reason they had been linked together was that an Officer had responsibility for both areas but this was no longer the case. The County Legal and Democratic Services Officer also reported upon minor issues involving a former member of the Corporate Management Team which again was no longer an issue. With regard to the Base Budget Review he understood that the County Finance Officer would be preparing a medium term financial strategy and for the Fora, that Lead Officers had been appointed. After some discussion it was felt reasonable to seek the Leader’s views regarding the current situation on the Boards. RESOLVED That the County Legal and Democratic Services Officer enquire from the Leader his intentions relating to the future of the Boards’ identified in Minute No. 6. MINUTE NO. 8 The Chairman indicated that he had been contacted about arranging a meeting of the Format of Minutes Working Group 4. BYELAWS WORKING GROUP It had been the intention to have a short meeting of the Byelaws Working Group upon the conclusion of this meeting. However, there appeared to have been some confusion regarding the membership of the Working Group and in the circumstances it was felt appropriate for the item to be discussed by this Forum in view of the advice received from the County Legal and Democratic Services Officer. RESOLVED That an additional item be considered by the Forum in relation to Byelaws. 5. MEMBER SUPPORT – TRAINING AND DEVELOPMENT The County Legal and Democratic Services Officer reported that following the first meeting of the Member Support Training Group it was suggested that the number be increased to nine Members. RESOLVED That the request be agreed. 6. INTERNAL AUDIT REPORT – CORPORATE GOVERNANCE The Forum considered the report of the County Legal and Democratic Services Officer, the purpose of which was to consider the Internal Audit report and agree an Action Plan for the implementation of its recommendations. The Forum was informed that an audit of Corporate Governance within Flintshire County Council was undertaken by Bentley Jenison staff on behalf of Internal Audit earlier in the year and the draft report was attached as an Appendix. The overall conclusion in the report was that the control framework in question provided adequate assurance that risk, material to the achievement of the organisation’s objectives were adequately managed and controlled. In the overall conclusion it was highlighted that a number of high profile positions within the Council’s Senior Management Team were interim appointments and expressed the view that a continuation of such arrangements would have a detrimental affect on good corporate governance. It was also highlighted that the Risk Management process referred to in a previous Internal Audit report was not yet fully embedded. The County Legal and Democratic Services Officer explained that as the Internal Audit report was corporate in nature, the Internal Audit Manager had assigned a corporate response timescale to it, consequently is was necessary for a completed Action Plan to be conveyed to the Internal Audit Manager within 40 days of the publication of the report i.e. by 30th July 2007. The report contained three significant recommendations and six recommendations that merited attention. The Action Plan attached to the report had been completed following consultation with all Chief Officers. The County Legal and Democratic Services Officer advised that in the Action Plan some of the recommendations had already been implemented, at least in part and submitted to Internal Audit. The County Legal and Democratic Services Officer took Members through the draft page by page. On that identified as para 5 on page 4 it was agreed that the implementation date be June 2008. On the same page, para 8, it was felt advisable that the date should be amended to 31st March 2008 and this was accepted. With regard to para 9, it was suggested that the date should be changed until, the earliest, July 2008 in view of the County Council elections which were scheduled for May 2008. However, after an explanation from the County Legal and Democratic Services Officer it was felt appropriate to leave the date at April 2008. With regard to para 6, on page 6, Members felt this should be made clear that no decision was made at that part of the meeting when all Officers of the Council left the meeting. Members referred to previous experience when there had been some criticism for not recording the outcome of meetings involving Members. The County Legal and Democratic Services Officer suggested a form of words to be included in the response to Internal Audit to clarify their position. He suggested the Forum might wish to indicate that it being improper for Members to come to any decision in relation to such discussions and that any matter requiring a decision should be converted into a formal Agenda item as soon as possible. The Forum felt that this was an appropriate form of words. The County Legal and Democratic Services Officer also quoted examples of such issues which could be discussed at that time. RESOLVED That the response be approved subject to the amendments now reported. 7. PUBLIC QUESTION TIME – REVIEW OF PROCEDURE Enclosed with the Agenda was a copy of the current procedure in relation to Public Question Time. Councillor Steele-Mortimer had raised issues regarding the restrictions placed on Public Question Time and a member of the public who had submitted a question for consideration but advised that it was not appropriate, expressed a similar view. The County Legal and Democratic Services Officer suggested that he report back to the next meeting with examples of questions that could be acceptable and examples of practices in other Authorities. RESOLVED That the County Legal and Democratic Services Officer proceed accordingly. 8. BYELAWS WORKING GROUP Pursuant to Minute No. 4 above, the County Legal and Democratic Services Officer reported that it was the intention to commence a review of the Council’s Byelaws. He had prepared information which detailed the current Byelaws that were in operation for the Council. He indicated that his intention was to ask the Byelaws Working Group to seek their approval for him to consult with Town and Community Councillors in relation to the possible take-up of powers under Clean Neighbourhoods and Environmental Act 2005, as part of the review of the Council’s Byelaws. Members concurred that this was reasonable and that the County Legal and Democratic Services Officer should proceed. It was suggested that all Members receive a copy of the report which the County Legal and Democratic Services Officer had prepared for the Byelaws Working Group and this was also agreed. RESOLVED That the County Legal and Democratic Services Officer consult Town and Community Councils accordingly. 9. DURATION OF MEETING The meeting commenced at 10am and finished at 11am. …………………. Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT CONSTITUTION FORUM DATE: 26TH July 2007 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE - 434 - L:\TP\DRAFT\DFT-CORPORATE\D-MIN\2007\CNS2607.doc (LT) - 439 -
