Agenda item

Constitutional Issues including Committees

Decision:

(i) Appointment of Committees

That Council appoints the following Committees:

Appeals Committee;

Clwyd Pension Fund Committee;

Constitution and Democratic Services Committee

Climate Change Committee

Governance and Audit Committee

Grievance Committee

Grievance Appeals Committee

Investigation and Disciplinary Committee

Joint Governance Committee (for Pensions)

Licensing Committee

Planning Committee

Standards Committee; and

The five Overview & Scrutiny Committees as listed in the report.

(ii) Determination of the size of Committees

(a) That the size of each Committee be as set out in paragraph 1.04 of the report, and the size of the Grievance Committee, Grievance Appeals Committee, and Investigation and Disciplinary Committee be increased to 13; and

(b) That the political balance and terms of reference for the Climate Change Committee be established at the next meeting of the County Council on 19 July 2022.

(iii) Terms of Reference of Committees

That the terms of reference for each Committee as set out in the Constitution be approved.

(iv) Political Balance

(a) That seats be allocated in accordance with political balance as set out

in Appendix 1 and the rules on membership of the Committees as set

out in paragraphs 1.09 – 1.14;

(b) That the seats on the Grievance, Grievance Appeals and Investigation

and Disciplinary Committees be allocated to give a broad political

spread of membership; and

(c) That further consideration be given to rules 3 and 4, as detailed in paragraph 1.12 of the report, to improve current procedures on making nominations to the Planning Committee.

(v) Appointment of Chairs of Standing Committees

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

· Clwyd Pension Fund Committee - Councillor Ted Palmer

· Planning Committee - Councillor Richard Lloyd

· Constitution and Democratic Services Committee - Councillor Rob Davies

· Licensing Committee - Councillor Rosetta Dolphin

(b) That the Grievance Committee, the Grievance Appeals Committee and Investigation & Disciplinary Committee should each appoint its own Chair from amongst its membership; and

Overview & Scrutiny Committee Group to Choose Chair

Corporate Resources Independent (Councillor Richard Jones)

Community, Housing & Assets Independent (Councillor Helen Brown)

Education, Youth & Culture Labour (Councillor Teresa Carberry)

Environment & Economy Labour (Councillor David Evans)

Social & Health Care Liberal Democrat

(vi) Approval of the Constitution

That the rules, procedures, delegations and codes/protocols within the Constitution be approved.

(vii) Nominations to Internal Bodies

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

(viii) Standards Committee

That the composition and membership of the Standards Committee be noted, including the appointment of Councillors Teresa Carberry, Andrew Parkhurst, and Anthony Wren to replace the membership of Councillors Gladys Healey, Patrick Heesom and Arnold Woolley.

(ix) Appointments to Outside Bodies

That Council delegates authority to the Chief Executive, in consultation with Group Leaders, to make appointments to outside bodies for this council term. Including authority to change any appointment (in consultation with group leaders) during the Council term as required.

Minutes:

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 also dealt with the appointment of other Committees and Chairs and other issues such as allocation of seats, under political balance.

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.

(i) Appointment of Committees

The Chief Officer (Governance) explained that the Constitution provided for the appointment of the following: Appeals Committee; Clwyd Pension Fund Committee; Constitution and Democratic Services Committee; Governance and Audit Committee; Grievance Committee; Grievance Appeals Committee; Investigation and Disciplinary Committee; Joint Governance Committee (for Pensions); Licensing Committee; Planning Committee; Standards Committee; and five Overview & Scrutiny Committees (as listed in paragraph 1.01 of the report).

Councillor Ian Roberts advised that the Licensing Committee was being passed to an Independent Group.

Councillor Ian Roberts moved an amendment to the recommendation in the report and proposed the creation of a new Climate Change Committee to drive forward the Council’s vision to seek solutions to the impact of climate change on local communities in Flintshire. This was seconded by Councillor Chris Bithell and when put to the vote was carried.

RESOLVED:

That Council appoints the following Committees:

Appeals Committee;

Clwyd Pension Fund Committee;

Constitution and Democratic Services Committee

Climate Change Committee

Governance and Audit Committee

Grievance Committee

Grievance Appeals Committee

Investigation and Disciplinary Committee

Joint Governance Committee (for Pensions)

Licensing Committee

Planning Committee

Standards Committee; and

The five Overview & Scrutiny Committees as listed in the report.

(ii) Determination of the size of Committees

The Chief Officer explained that the size of each committee must be decided at the Annual Meeting. Council had previously agreed that the major Committees should be large enough for all political groups to be represented.

The Chief Officer explained that the size of the Grievance Committee, Grievance Appeals Committee, and Investigation and Disciplinary Committee, as detailed in 1.04 of the report, had subsequently been increased to 13 to accommodate all political groups.

In response to the concerns expressed by Councillor Bernie Attridge on the proposed political balance, as outlined in the report, and the need to determine political balance for the new Climate Change Committee, the Chief Officer suggested that the terms of reference and membership for the Climate Change Committee be determined at the next meeting of the County Council on 19 July, and the political balance for Committees also be reviewed and recalculated.

Councillor Bernie Attridge moved approval of the recommendation in the report which was seconded by Councillor Richard Jones. When put to the vote this was carried.

RESOLVED:

(b) That the political balance and terms of reference for the Climate Change Committee be established at the next meeting of the County Council on 19 July 2022.

(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. These are set out in the Constitution.

Councillor Bernie Attridge moved approval of the recommendation in the report which was seconded by Councillor Hilary McGuill. When put to the vote this was carried.

RESOLVED:

That the terms of reference for each Committee as set out in the Constitution be approved.

(iv) 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. Those rules do not apply to Cabinet or to the Standards Committee. The rules of political balance would apply to the new Climate Change Committee.

The Chief Officer suggested that Councillors consider the political balance which had been proposed for consideration as an interim measure until consultation had taken place with Group Leaders concerning the allocation of seats on Committees, as other allocations may be possible. The political balance would then be reconsidered at the next meeting of the County Council on 19 July 2022.

In order to achieve political balance, it had been necessary to separate out the ‘employment’ Committees, which were the Grievance, Grievance Appeals and Investigation and Disciplinary Committees. Otherwise, the smaller groups would be disadvantaged by having to use part of their seat allocation on committees which seldom, if ever, met. This separation required a specific agreement from all Members of the Council.

The Chief Officer explained that previously it had been the practice to appoint a representative of the County Council on the Fire Authority based on political balance and this had been included in the calculation.

There were 117 seats for Councillors across all of the Council’s Committees based on the current group membership. The entitlement of each group to seats was set out in the table in the report.

Councillor Mike Peers referred to paragraph 1.12 of the report and expressed concerns around rules 3 and 4 on making nominations to the Planning Committee. Councillor Peers proposed that further consideration be given to rules 3 and 4, as detailed in the report, to improve current procedures. The Chief Officer agreed to discuss the proposal with Group Leaders during the next 12 months.

Councillor Richard Jones suggested that there were other outside bodies which should be included in the political balance calculations and cited the WLGA, and North Wales Police as examples. The Chief Officer explained that different rules were applied regarding how political balance was calculated on other outside bodies which were based on their political composition not the Council’s.

Councillor Bernie Attridge proposed a procedural motion that the meeting be adjourned to enable the political balance to be recalculated to include allocation to the WLGA. This was seconded by Councillor Richard Jones. Councillor Ian Roberts advised that the WLGA had not previously been included in the political balance calculation and moved that the WLGA not be included in the interim balance now being considered.

Councillor Attridge withdrew his proposal to adjourn the meeting.

Councillor Ian Roberts moved approval of the recommendations in the report which was seconded by Councillor Ted Palmer.

RESOLVED:

(a) That seats be allocated in accordance with political balance as set out

in Appendix 1 and the rules on membership of the Committees as set

out in paragraphs 1.09 – 1.14;

(b) That the seats on the Grievance, Grievance Appeals and Investigation

and Disciplinary Committees be allocated to give a broad political

spread of membership; and

(c) That further consideration be given to rules 3 and 4, as detailed in paragraph 1.12 of the report, to improve current procedures on making nominations to the Planning Committee.

(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. A table in paragraph 1.17 of the report outlined which body appointed which Chair and what restrictions applied (if any).

Councillor Bernie Attridge proposed the following nominations, which were seconded by Councillor Richard Jones:

that Councillor Carol Ellisbe appointed as Chair of the Clwyd Pension Fund Committee;
that Councillor Mike Peers be appointed as Chair of Planning Committee;
that Councillor Rosetta Dolphin be appointed as Chair of the Licensing Committee; and
that Councillor Rob Davies be appointed as Chair of the Constitution and Democratic Services Committee

Councillor Ian Roberts proposed an amendment to the above and put forward the following nominations, which were seconded by Councillor Billy Mullin.

that Councillor Ted Palmerbe appointed as Chair of the Clwyd Pension Fund Committee; and
that Councillor Richard Lloyd be appointed as Chair of Planning Committee

A vote was taken on whether to elect Councillor Carol Ellis, as nominated by Councillor Bernie Attridge, or Councillor Ted Palmer, as nominated by Councillor Ian Roberts, to be appointed as Chair of the Clwyd Pension Fund Committee. On being put to the vote Councillor Ted Palmer was appointed as Chair of the Clwyd Pension Fund Committee.

A vote was taken on whether to elect Councillor Mike Peers, as nominated by Councillor Bernie Attridge, or Councillor Richard Lloyd, as nominated by Councillor Ian Roberts, to be appointed as Chair of the Planning Committee. On being put to the vote Councillor Richard Lloyd was appointed as Chair of the Planning Committee.

On being put to the vote Councillor Rob Davies was appointed as Chair of the Constitution and Democratic Services Committee.

On being put to the vote Councillor Rosetta Dolphin was appointed as Chair of the Licensing Committee.

The Chief Officer advised that the Chair of the Climate Change Committee would be appointed by Council at the next meeting of the County Council on 19 July 2022.

The Chief Officer 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 Bernie Attridge moved the following nominations for the Independent Group, and Councillor Ian Roberts moved the following nominations for the Labour Group.

Overview & Scrutiny Committee Group to Choose Chair

Corporate Resources Independent (Councillor Richard Jones)

Community, Housing & Assets Independent (Councillor Helen Brown)

Education, Youth & Culture Labour (Councillor Teresa Carberry)

Environment & Economy Labour (Councillor David Evans)

Social & Health Care Liberal Democrat

On being put to the vote, the above nominations were carried.

RESOLVED:

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

· Clwyd Pension Fund Committee - Councillor Ted Palmer

· Planning Committee - Councillor Richard Lloyd

· Constitution and Democratic Services Committee - Councillor Rob Davies

· Licensing Committee - Councillor Rosetta Dolphin

(b) That the Grievance Committee, the Grievance Appeals Committee and Investigation & Disciplinary Committee should each appoint its own Chair from amongst its membership; and

Overview & Scrutiny Committee Group to Choose Chair

Corporate Resources Independent (Councillor Richard Jones)

Community, Housing & Assets Independent (Councillor Helen Brown)

Education, Youth & Culture Labour (Councillor Teresa Carberry)

Environment & Economy Labour (Councillor David Evans)

Social & Health Care Liberal Democrat

(vi) Approval of the Constitution

The Chief Officer explained that the Constitution set out how the Council functioned and contained within it:

· rules and procedures for managing meetings and Council business;

· delegations to the Cabinet (including the choice of what was to be and what was not to be an executive function;

· delegations to committees and advisory groups in line with their terms of reference;

· delegations to officers; and

· codes and protocols to support high standards of ethical behaviour and governance

The Chief Officer advised that the codes and protocols in the Constitution were kept under rolling review to ensure that they remained up to date and pertinent. Every code/protocol would be reviewed at least once over the term of this Council as part of that review. Changes were also made as and when required if a scheduled review had already taken place or was not due for some time. The Standards Committee will agree the programme for reviewing the Constitution at its next meeting.

The Council has adopted an interim policy on how to participate in meetings, for example whether they are in person or remote. Now that the new Council is in place it will be possible to review that protocol noting that the Local Government and Elections (Wales) Act 2021 required that Members and others be given the right to attend remotely should they wish. Most of the Council’s meeting rooms are not presently equipped with the technology to enable this to happen.

Councillor Bernie Attridge moved approval of the recommendation in the report which was seconded by Councillor Paul Johnson.

RESOLVED:

That the rules, procedures, delegations and codes/protocols within the Constitution be approved.

(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. In the past it has been usual for Committee Members to be drawn from all groups, albeit not formally politically balanced, including the relevant Cabinet Member.

Councillor Ian Roberts moved approval of the recommendation in the report which was seconded by Councillor Sean Bibby.

RESOLVED:

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

(viii) Standards Committee

The Chief Officer explained that the Standards Committee included five independent Members, a Town and Community Council representative, and three Councillors (who cannot also be the Leader or a Cabinet Member). The three County Councillors must be appointed for the life of this Council (5 years) and can serve a maximum of two terms. The Chief Officer sought nominations for the appointment of three Councillors to the Committee.

Councillor Bernie Attridge proposed Councillors Bill Crease and Antony Wren.

Councillor Ted Palmer proposed Councillor Teresa Carberry.

Councillor Hilary McGuill nominated Councillor Andrew Parkhurst.

No other nominations were received.

As four nominations had been put forward Councillor Bernie Attridge withdrew his nomination of Councillor Bill Crease.

When put to the vote Councillors Teresa Carberry, Andrew Parkhurst and Antony Wren were duly elected to the Standards Committee

RESOLVED:

(ix) Appointments to Outside Bodies

The Chief Officer advised that the Council could nominate Councillors to serve on different bodies such as the Fire Authority, Police and Crime Panel plus local charities organisations (collectively called “outside bodies”). Some outside bodies were regional, some covered the whole of the county, and some were purely local. Appointments were made for the whole council term. As it could be a long process filling each vacancy delegated authority was given to the Chief Executive, in consultation with Group Leaders, to make nominations as required

Councillor Bernie Attridge moved the recommendation which was seconded by Councillor Richard Jones.

RESOLVED:

At this stage of the meeting, there was a brief adjournment prior to considering the ordinary items of business.

Supporting documents:

Constitutional Issues including Committees, item 7. PDF 120 KB