Agenda item

(i)        Appointment of Committees

 

That Council appoints the following Committees for 2022/23:

 

Appeals Committee

Climate Change Committee

Clwyd Pension Fund Committee

Constitution and Democratic Services Committee

Governance & Audit Committee

Grievance Committee

Grievance Appeals Committee

Investigation and Disciplinary Committee

Joint Governance Committee (for Pensions)

Licensing Committee

Overview & Scrutiny Committees as follows:

·                     Community & Housing

·                     Corporate Resources

·                     Education, Youth & Culture

·                     Environment & Economy

·                     Social & Healthcare

Planning Committee

Standards Committee

 

(ii)       Size of Committees

 

(a)       That the size of each committee be as set out in paragraph 1.03 of the report; and

 

(b)       That the review of size of committees to odd numbers be referred to Group Leaders prior to the Constitution & Democratic Services Committee to enable a report back to Council.

 

(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 within the report; and

 

(b)       That the seats on the Grievance, Grievance Appeals and Investigation and Disciplinary Committees be allocated to give a broad political spread of membership.

 

(v)       Determination of Groups to appoint Overview & Scrutiny Chairs

 

That the Chairs of Overview & Scrutiny Committees be allocated as follows:

 

Overview & Scrutiny Committee:       Group to choose Chair:

Community & Housing                            Independent

Corporate Resources                              Independent

Education, Youth & Culture                    Labour (Councillor Teresa Carberry)

Environment & Economy                        Labour (Councillor David Evans)

Social & Healthcare                                 Eagle

 

(vi)      Appointment of Chairs of Standing Committees

 

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

 

·           Climate Change Committee - Councillor Alasdair Ibbotson

·           Clwyd Pension Fund Committee - Councillor Ted Palmer

·           Constitution & Democratic Services Committee - Councillor Rob Davies

·           Licensing Committee - Councillor Rosetta Dolphin

·           Planning Committee - Councillor Richard Lloyd

 

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

 

(vii)     Approval of the Constitution

 

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

 

(viii)    Nominations to Internal Bodies

 

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

 

(ix)      Standards Committees

 

That the three Councillors already appointed to serve on the Standards Committee for this term be noted.

 

(x)       Appointments to Outside Bodies

 

That Council delegates authority to the Chief Executive, in consultation with Group Leaders, to make any amendments to appointments to outside bodies as required.

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.

 

(i)        Appointment of Committees

 

The Chief Officer (Governance) explained that the Constitution provided for the appointment of the committees listed in paragraph 1.01 of the report.

 

The recommendation was moved and seconded by Councillors Ian Roberts and Billy Mullin.  On being put to the vote, this was carried.

 

RESOLVED:

 

That Council appoints the following Committees for 2022/23:

 

Appeals Committee

Climate Change Committee

Clwyd Pension Fund Committee

Constitution and Democratic Services Committee

Governance & Audit Committee

Grievance Committee

Grievance Appeals Committee

Investigation and Disciplinary Committee

Joint Governance Committee (for Pensions)

Licensing Committee

Overview & Scrutiny Committees as follows:

• Community & Housing
• Corporate Resources
• Education, Youth & Culture
• Environment & Economy
• Social & Healthcare

Planning Committee

Standards Committee

 

(ii)        Determination of the size of Committees

 

The Chief Officer (Governance) explained that the size of each committee must be decided at the Annual Meeting and that Council had previously agreed that the major Committees should be large enough for all political groups to be represented.  Reference was made to legislative requirements relating to the size and composition of the Planning Committee, Governance & Audit Committee and Standards Committee, as detailed in 1.04 of the report.

 

The recommendation was moved and seconded by Councillor Ian Roberts and Billy Mullin.

 

Councillor Glyn Banks referred to the political balance rule which stated that a majority group was entitled to a majority upon every committee.  He pointed out that where the majority group held half the seats, including the Chair, on a committee of 12, the Chair’s casting vote would in effect give them overall control.

 

The Chief Officer advised that Council could change the size of committees after the Annual Meeting if a consensus could be reached amongst Group Leaders.  He added that the political balance rule did not take account of Chairs’ casting votes and said that there were a number of committees where the majority group did not have the casting vote.

 

In response to a question from Councillor Mike Peers, the Chief Officer advised that the Planning Strategy Group was an advisory group appointed under Executive arrangements whose role was recognised in the Constitution, therefore was not included in the list of formal decision-making bodies in the report.

 

Councillor Bernie Attridge proposed an amendment that Councillor Banks’ request be referred to the Constitution & Democratic Services Committee so that a report could be brought back to Council.  He was seconded by Councillor Richard Jones.

 

The amendment was accepted by Councillor Ian Roberts who requested that the matter also be discussed with Group Leaders.  This became the substantive motion which was put to the vote and carried.

 

RESOLVED:

 

(a)       That the size of each committee be as set out in paragraph 1.03 of the report; and

 

(b)       That the review of size of committees to odd numbers be referred to Group Leaders prior to the Constitution & Democratic Services Committee to enable a report back to Council.

 

(iii)       Terms of Reference of Committees

 

The Chief Officer (Governance) explained that the Annual Meeting was required to decide the terms of reference of the Committees that it appointed.  These were set out in the Constitution and reviewed periodically.

 

Councillor Bernie Attridge moved approval of the recommendation and was seconded by Councillor Richard Jones.  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 did not apply to Cabinet or to the Standards Committee.  Explanation was given on the basis of the statutory requirement for allocating committee seats to political groups as well as separating out the ‘employment’ committees to ensure that smaller groups were not disadvantaged; a practice which required specific agreement from all Members.

 

The recommendation was moved and seconded by Councillors Bernie Attridge and Rob Davies.  On being put to the vote, this was carried.

 

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 within the report; and

 

(b)       That the seats on the Grievance, Grievance Appeals and Investigation and Disciplinary Committees be allocated to give a broad political spread of membership.

 

(v)       Determination of Groups to appoint Overview & Scrutiny Chairs

 

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.  Table 2 of the political balance calculation appended to the report provided a basic indication of entitlement to Overview & Scrutiny Chairs based on the sizes of political groups and those with Cabinet seats.

 

In response to Members’ comments, it was clarified that entitlement for the Labour and Liberal Democratic groups had been rounded down to the nearest whole number as they had seats on the Cabinet.  In conclusion, the Labour and Independent groups were each entitled to nominate two Chairs and the Eagle group was entitled to nominate one Chair.

 

Councillor Bernie Attridge proposed that the Independent group nominate Chairs for the Community & Housing and Corporate Resources Overview & Scrutiny Committees, the Labour group nominate Chairs for the Education, Youth & Culture and Environment & Economy Overview & Scrutiny Committees and that the Eagle group nominate the Chair of the Social & Healthcare Overview & Scrutiny Committee.

 

In seconding the proposal, Councillor Ian Roberts advised that the Labour group nominations were Councillor Teresa Carberry as Chair of the Education, Youth & Culture Overview & Scrutiny Committee and Councillor Dave Evans as Chair of the Environment & Economy Overview & Scrutiny Committee.

 

On being put to the vote, the recommendation was carried.

 

RESOLVED:

 

That the Chairs of Overview & Scrutiny Committees be allocated as follows:

 

Overview & Scrutiny Committee:            Group to choose Chair:

Community & Housing                                 Independent

Corporate Resources                                   Independent

Education, Youth & Culture                        Labour (Councillor Teresa Carberry)

Environment & Economy                             Labour (Councillor David Evans)

Social & Healthcare                                      Eagle

 

(vi)      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, as set out in paragraph 1.19 of the report.

 

Councillor Bernie Attridge proposed the following nominations, which were seconded by Councillor Helen Brown:

 

• that Councillor Allan Marshall be appointed as Chair of the Climate Change Committee;
• that Councillor Ted Palmer be appointed as Chair of the Clwyd Pension Fund Committee;
• that Councillor Rob Davies be appointed as Chair of the Constitution and Democratic Services Committee;
• that Councillor Marion Bateman be appointed as Chair of the Licensing Committee; and
• that Councillor Richard Lloyd be appointed as Chair of Planning Committee.

 

Councillor Ian Roberts proposed an amendment to the above and put forward the following nominations which were seconded by Councillor Paul Johnson:

 

• that Councillor Alasdair Ibbotson be appointed as Chair of the Climate Change Committee; and
• that Councillor Rosetta Dolphin be appointed as Chair of Licensing Committee.

 

As no further nominations were received, a vote was taken on each of the nominations in turn.  On being put to the vote, the following Chairs were appointed:

 

Councillor Alasdair Ibbotson - Climate Change Committee

Councillor Rosetta Dolphin - Licensing Committee

Councillor Richard Lloyd - Planning Committee

Councillor Rob Davies - Constitution & Democratic Services Committee

Councillor Ted Palmer - Clwyd Pension Fund Committee

 

RESOLVED:

 

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

 

·             Climate Change Committee - Councillor Alasdair Ibbotson

·             Clwyd Pension Fund Committee - Councillor Ted Palmer

·             Constitution & Democratic Services Committee - Councillor Rob Davies

·             Licensing Committee - Councillor Rosetta Dolphin

·             Planning Committee - Councillor Richard Lloyd

 

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

 

(vii)     Approval of the Constitution

 

The Chief Officer (Governance) explained that the Constitution was based on a national model which was updated in 2022.  As required, adoption of the updated model had been approved at the meeting preceding the Annual Meeting.

 

Councillor Bernie Attridge moved approval of the recommendation in the report which was seconded by Councillor Paul Johnson.  On being put to the vote, this was carried.

 

RESOLVED:

 

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

 

(viii)    Nominations to Internal Bodies

 

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 had been usual for Committee Members to be drawn from all groups, albeit not formally politically balanced, including the relevant Cabinet Member.

 

Councillor Bernie Attridge moved approval of the recommendation and was seconded by Councillor Paul Cunningham.  On being put to the vote, this was carried.

 

RESOLVED:

 

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

 

(ix)      Standards Committee

 

The Chief Officer explained the composition of the Standards Committee, including the three County Councillors who had been appointed last year for a five year term and were able to serve a maximum of two terms.

 

The recommendation, as moved and seconded by Councillors Bernie Attridge and Ian Roberts, was put to the vote and carried.

 

RESOLVED:

 

That the three Councillors already appointed to serve on the Standards Committee for this term be noted.

 

(x)       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 and organisations (collectively called “outside bodies”).  Appointments were made at the last Annual Meeting for the whole Council term.  Delegated authority was given to the Chief Executive, in consultation with Group Leaders, to make any amendments to those appointments as required.

 

Councillor Bernie Attridge sought clarity on the approval of appointments to the Welsh Local Government Association (WLGA) and proposed that two seats be allocated to the Labour group and two seats to the Independent group.

 

An amendment was moved by Councillor Ian Roberts that two seats be allocated to the Labour group, one seat to the Independent group and one seat to the Liberal Democrat group.  Councillor Attridge subsequently withdrew his motion as he felt this was a more representative proportion of seats.  He seconded Councillor Roberts’ proposal and on being put to the vote, this was carried.

 

RESOLVED:

 

That Council delegates authority to the Chief Executive, in consultation with Group Leaders, to make any amendments to appointments to outside bodies as required.