MINUTES OF THE ANNUAL MEETING
OF THE COUNCIL 17
May 2001
(11.00am
– 3.45pm)
PRESENT: The Mayor (Councillor Knowles),
Deputy Mayor (Councillor Lakin), Councillors Bagnall, Benstead, Bradnack,
Callaghan, Cowell, Currie, Dixon, Douglas, Dryden, Durrant, Ellis-Miller,
Gilchrist, Griffiths, Harrison, Hipkin, Howarth, Howell, James, Johnston,
Levison, Liddle, Mbaya, Nimmo-Smith, Overhill, Reed, C Rosenstiel, J
Rosenstiel, M Schofield,
T Schofield, Slatter, Smart, Smith, Stebbings, Stuart, Ward, White and Woodford
FOR THE
INFORMATION OF THE COUNCIL
01/20
APPOINTMENT OF MAYOR 2001/2002
Councillor M Schofield proposed and
Councillor J Rosenstiel seconded the nomination of Councillor Lakin as Mayor
for the municipal year 2001/2002.
Councillor
Gilchrist proposed and Councillor Smith seconded the nomination of Councillor
Dryden as Mayor for the municipal year 2001/2002.
A vote was taken with 25 votes in favour of Councillor Lakin and 14 votes in favour of Councillor Dryden.
Resolved that Councillor Lakin be elected Mayor for the municipal year 2001/2002.
(Councillor
Lakin then made the statutory declaration of acceptance of the office of
Mayor.)
01/21
APPOINTMENT OF DEPUTY MAYOR
2001/2002
Councillor White proposed and
Councillor Currie seconded the nomination of Councillor Slatter as Deputy Mayor
for the municipal year 2001/2002.
Councillor Reed
proposed and Councillor Bagnall seconded the nomination of Councillor Callaghan
as Deputy Mayor for the municipal year 2001/2002.
A vote was
taken with 22 votes in favour of Councillor Slatter and 17 votes in favour of
Councillor Callaghan.
Resolved that Councillor Slatter be elected Deputy Mayor for the municipal year
2001/2002.
(Councillor
Slatter then made the statutory declaration of acceptance of the office of
Deputy Mayor.)
01/22
MINUTES
The minutes of the meeting of the
Council held on 5 April 2001 were confirmed as a correct record and signed by
the Mayor.
01/23
MAYOR=S CHAPLAIN
The Council
noted the appointment of the Reverend Canon Christine Farrington as the Mayor=s Chaplain for the municipal year
2001/2002.
01/24
RESOLUTION OF THANKS TO THE OUTGOING MAYOR
Resolved (unanimously) (on the proposition of Councillor Nimmo-Smith, seconded by
Councillor Durrant and supported by Councillor Howell) that this Council
expresses its appreciation of the manner in which the duties of Mayor were
discharged by Councillor Evelyn Knowles during her period of office and that
the Common Seal be affixed to a copy of this resolution for presentation to
her.
01/25 MAYOR=S ANNOUNCEMENTS
·
Apologies
Apologies for
absence had been received from Councillors Blencowe, Talbot and Taylor.
·
Mayoral
Sunday Service
The Mayoral Sunday Service, combined with the
preaching of the Mott Sermon, would take place at Holy Trinity Church at
11.00am on Sunday 20 May.
·
Forthcoming
Octocentenary Events
On Sunday 3 June at 3.00pm, there would be an ecumenical service at Great St Mary’s organised by the Cambridge Churches.
The next in the series of Guildhall Open Days would be
on Saturday 16 June. Tours would take
place from 10.30am through until 2.00pm; it would be possible for members of
the public to view the city’s insignia and Charters and to have a guided tour
of the immediate city centre.
The next Open Day
would be on Thursday 28 June.
On Saturday 7
July, the Medieval Fayre and River Pageant would take place on Jesus Green and
the River Cam, starting at 2.00pm; representatives of Cambridge’s twin cities
would be present.
·
Midsummer
Fair
The proclamation
of Midsummer Fair would take place on Wednesday 20 June at 6.30pm.
·
Sport
England East “Service to Sport” Award and Charter Marks
The Council’s Sports Development Team had been presented with an award by Steve Cram for Sport England East on Tuesday 24 April for its outstanding work with disabled people. The award was for the local authority which had made the most significant contribution to sports development through a specific project focusing on equity and social inclusion. Councillor J Rosenstiel had accompanied the team to receive the award. On behalf of the Council, the Mayor formally congratulated the team on this achievement.
This same team of employees had also
been awarded a Charter Mark for excellence in public service, as had the
Council’s Reception and Telephone Services team. The Mayor placed on record the Council’s appreciation to all
those staff who had worked hard to
achieve these awards.
·
Order of Business
The Mayor explained that he proposed to alter the order of business to be transacted at the meeting, so that item 12 (Notice of Motion) would be taken before item 8 (City Board Adoption Minutes).
01/26
APPOINTMENT OF BAILIFFS
Councillor
Howarth proposed and Councillor C Rosenstiel seconded that Councillors
Nimmo-Smith and Stebbings be appointed as bailiffs.
Councillor
Bagnall proposed and Councillor Callaghan seconded that Councillors Dryden and
Mbaya be appointed as bailiffs.
Resolved (with no votes against) that Councillors Nimmo-Smith, Stebbings, Dryden
and Mbaya be appointed as bailiffs of the city for the municipal year
2001/2002.
01/27
NOTICE OF MOTION: CHAIRS OF PLANNING AND LICENSING SUB-COMMITTEES
Councillor
Bagnall proposed and Councillor Bradnack seconded the following notice of
motion:
“This Council resolves
that:
·
for the purposes of increasing transparency and public confidence in the
work of the City Council;
·
in order to emphasise the non-political nature of regulatory committees;
·
and in the spirit of reforms to the Council’s political management
structure
the Council establishes the principle that the Chairs of the Planning and Licensing Sub-Committees be not necessarily appointed from the membership of the majority party political group on the Council.”
Under Standing Order 7 it was agreed to deal with the motion at the
meeting.
Councillor Howarth proposed and Councillor James seconded the following
amendment:
“Delete all and insert:
‘The Council notes that
currently the quasi-judicial and policy determination roles of the Planning and
Licensing Sub-Committees are so intertwined that it would not be appropriate to
treat them separately from other committees in relation to the appointment of
their Chairs and Vice-Chairs.
The Council also notes,
however, that the new political arrangements for local government under the
Local Government Act 2000 envisage a clearer division between policy formation
and quasi-judicial functions.
The Council therefore
instructs the Periodic Electoral Review and Local Government Act Sub-Committee
to investigate, as part of its deliberations on the implementation of the new
arrangements, whether a sufficient separation of policy formation and
quasi-judicial functions can be achieved that it would become possible to
introduce a non-partisan element into the appointment of the Chairs or
Vice-Chairs of the Planning and Licensing Committees.’”
On being put to the vote, the
amendment was agreed by 28 votes to 0.
Resolved (by 37 votes to 0) that:
The Council notes that
currently the quasi-judicial and policy determination roles of the Planning and
Licensing Sub-Committees are so intertwined that it would not be appropriate to
treat them separately from other committees in relation to the appointment of
their Chairs and Vice-Chairs.
The Council also notes,
however, that the new political arrangements for local government under the
Local Government Act 2000 envisage a clearer division between policy formation
and quasi-judicial functions.
The Council therefore
instructs the Periodic Electoral Review and Local Government Act Sub-Committee
to investigate, as part of its deliberations on the implementation of the new
arrangements, whether a sufficient separation of policy formation and
quasi-judicial functions can be achieved that it would become possible to
introduce a non-partisan element into the appointment of the Chairs or
Vice-Chairs of the Planning and Licensing Committees.
01/28 MINUTES PRESENTED BY CITY BOARD FOR ADOPTION
The Council
considered the recommendations of the City Board meeting held on
8 May 2001.
01/A/24 Appointment of Committees 2001/2002
Resolved (by 22 votes to 0) that the size and membership of committees in
2001/2002 be as follows:
|
COMMITTEE |
LIB DEM |
LABOUR |
CONSERVATIVE |
|
CITY BOARD 12 |
Howarth C Rosenstiel Harrison Knowles Nimmo-Smith Slatter Smart (A – J
Rosenstiel) |
Bagnall Bradnack Durrant Reed |
Stuart (A- Douglas) |
|
ENVIRONMENT 10 |
Harrison Dixon Howarth Slatter White Ward (A- Woodford) |
Bradnack Durrant Johnston |
Douglas (A – Howell) |
|
COMMUNITY
DEVELOPMENT AND LEISURE 10 |
J Rosenstiel Knowles Ellis-Miller Levison M Schofield Taylor (A – Hipkin) |
Benstead Callaghan Reed Talbot |
- |
|
HOUSING AND HEALTH 10 |
Nimmo-Smith Griffiths James Liddle Smart Stebbings (A- Currie) |
Bagnall Gilchrist Overhill |
Howell (A- Stuart) |
(A = Alternate member)
01/A/25 Appointment to Other Bodies
Resolved that the following appointments be made:
i) (by
36 votes to 0) Cambridge Environment and Transport Area Joint Committee (five
City Council members): Councillors Blencowe, Johnston, Harrison, Howarth and C
Rosenstiel.
ii) (by 36 votes to 0)
Council Tax/Housing Benefits Review Board (10 members): Councillors Bradnack,
Callaghan, Dixon, Dryden, Griffiths, James, Johnston, Nimmo-Smith, Smart and
Stebbings.
iii) (by 22 votes to 0)
Councillor Smart as Chair of the Council Tax/Housing Benefits Review Board.
01/A/26 Appointment of
Chairs and Vice-Chairs
Councillor Bagnall proposed and Councillor Bradnack seconded the following amendment to the adoption minute:
“That Councillor Blencowe be appointed Chair of the Planning
Sub-Committee and Councillor T Schofield be appointed Chair of the Licensing
Sub-Committee.”
On being put to the vote, the amendment was lost by 18 votes to 22.
Resolved (by 22 votes to 0) that Chairs and
Vice-Chairs for 2001/2002 be appointed as
set out below:
|
|
CHAIR |
VICE-CHAIR |
City Board
|
Howarth |
C Rosenstiel |
Community Development & Leisure
|
J. Rosenstiel |
Knowles |
Environment
|
Harrison |
Dixon |
Housing & Health
|
Nimmo-Smith |
Griffiths |
Property & Admin S/Cttee
|
Taylor |
Lakin |
City Centre Development S/Cttee
|
C Rosenstiel |
Dixon |
Periodic Electoral Review & Local
Govt. Act S/Cttee
|
Howarth |
C Rosenstiel |
Planning S/Cttee
|
Slatter |
Smart |
Licensing S/Cttee
|
Knowles |
J. Rosenstiel |
Environment & Planning Policy
S/Cttee
|
Howarth |
Harrison |
01/A/27 Conventions
2001/2002
Resolved (with no votes against) that the
Conventions set out at Appendix 1 to these minutes be adopted for 2001/2002.
01/A/28 Local Government Act – Setting up a
Standards Committee and Members’ Remuneration Panel
Resolved (with no votes against)
1)
To approve
the draft Terms of Reference for the Standards Committee as set out at Appendix
2 to these minutes.
2)
That the
membership of the Committee totals eight, initially made up of three Liberal
Democrats, two Labour, one Conservative and two non-councillors and that the
option for an Executive Member to be on the Standards Committee be considered
in May 2002.
3)
That a
Selection Panel of four (two Lib Dem, one Lab, one Con) members determine the
selection process for non-councillors and recommend appointments to
Council.
The
Council noted that there would be a requirement for a special Council meeting on 13 September to consider the
Selection Panel’s recommendations.
(However, when the Selection Panel met on 19 June, it was agreed to
delay the recruitment of lay people to the early autumn. The necessity for a special Council meeting
on 13 September was therefore removed.)
Regarding
the Remuneration Panel:
4)
That
oversight of the Panel on members’ remuneration and decisions on how it
operates be delegated to the Periodic Electoral Review & Local Government
Act Sub-Committee.
5)
That the
Council advertises openly for candidates to the Panel.
6)
That the
Panel appoints its own Chair.
7)
That the
Panel’s Term of Office be three years and renewable by agreement between the
Council and each Panel member.
8)
That the
Sub-Committee decides whether the Panel receives an allowance guided by the
current principles applied to the rate at which members’ allowances are set and
the practices followed in a selection of other local authorities.
01/A/29 Amendments
to Delegations
Resolved (with no votes against) to confirm that the Directors of Central Services, Community Services and Environment & Planning, and second tier officers within those directorates, may exercise all of the powers and discharge all the duties identified in the Council’s scheme of delegation which relate to service areas for which they are responsible.
01/29
ORAL QUESTIONS
|
Question |
Question by |
Answer by |
|
Does the Chair
agree with me that the young people of Cambridge would benefit from an
outdoor skate board park and that this would be an ideal use for the Sport
England money in the vicinity of Parkside Pool? |
Councillor Douglas |
Councillor J Rosenstiel |
|
Is the Chair
disappointed at the refusal of the Labour Government to contribute to the
CCTV scheme planned for the Kingsway flats in Arbury, thus leaving the
project with insufficient funds for connection to the 24 hour monitoring service,
and resulting in a second-rate service which will not provide for immediate
police response whilst incidents are taking place? |
Councillor Ward |
Councillor Nimmo-Smith |
|
Can you tell me what the residency requirements are for becoming a City Councillor and if the ruling group believes that someone can perform the role properly while living many miles away? |
Councillor Howell |
Councillor Howarth |
|
Has the Council
agreed for further mobile phone masts to be sited on Kingsway flats, and what
consultations have been undertaken with residents affected? |
Councillor Howell |
Councillor Nimmo-Smith |
01/30 ANNUAL STATEMENTS
Councillors Howarth, Bagnall and
Stuart spoke on their groups= priorities for the forthcoming municipal year.
01/31
ADOPTION OF ANNUAL STATEMENT
Under the Scheme for Annual
Statements, that of Councillor Howarth was deemed to be a motion for adoption
by the Council.
Resolved (by 21 votes to 11) that the Annual Statement of the Liberal Democrat
Group be adopted as Council policy for 2001/2002.
01/32 RECEPTION OF MINUTES
The minutes of the City Board meeting of 8 May 2001 were presented for
the information of the Council.
The Council concluded its business at 3.45pm.
MAYOR
CONVENTIONS
A. Media
contact
1. Routine factual media
releases issued by officers and not containing any member quote will list the
relevant Chair and other group spokesperson(s) at the end. Such media releases
will also be copied to the Chair and to the spokesperson(s) listed on the
release.
2. Other media releases
(ie. those publicising committee decisions or dealing with major, sensitive or
controversial issues or new initiatives or containing member quotes) shall be
circulated in draft to the relevant Chair and shall only be issued if s/he
agrees the text.
3. The final version of the
media release will be copied simultaneously to the Chair and spokesperson(s).
(Members are
reminded that party political publicity should not be produced on
Council paper or using Council facilities (including officer assistance). This is broadly defined as "material
which appears to be designed to affect public support for a political
party". See further the separate
guidance issued by the Chief Executive).
4. In respect of all media
contact not covered by the rules on media releases, officers shall pay heed to
the following principles:
1. If the contact relates
to a proposal on which the council or a committee or sub-committee has yet to
make a decision, officers shall only give factual background information to the
press and shall refer the media to the Chair and the group spokespersons for
comments on the merits of the proposal.
2. If the contact relates
to a decision by the council or a committee or sub-committee, officers may
explain the decision and the reasons for it. Where the contact relates to a
matter which is controversial between the parties, officers shall bear in mind
that in these circumstances it is often more appropriate for the Chair and
spokespersons to comment on the merits of the decision.
In addition,
officers shall provide copies of all media releases for inclusion
in the Media Coverage Weekly List for inspection by members.
B. Agenda
planning and preparation and pre-committee briefings/member access to
information
1. Before
the start of each committee cycle, the Chief Executive will send each political
group leader a list of the major or sensitive items due to come before
committees in that cycle ("the Forward Look List"). Leaders, Chairs or group spokespersons may
then request further information, policy or procedural advice or other briefing
from relevant officers on these items.
All such information, advice or briefing will remain confidential
between the officers and the political groups requesting it and will not
be disclosed to or shared with the other groups (unless they have made a
similar request).
2. When
each draft agenda and reports for a committee or sub-committee meeting has been
prepared they will be copied to the Chair for information.
3. It is expected that
arrangements will be made for officers to meet the Chair of a committee
regularly, or for briefings when the draft agenda is being compiled. A similar
facility for regular briefings shall be offered to the other group
spokesperson(s). Any such briefings for other group spokespersons shall,
however, only take place after the Chair’s briefing (if there is one), or after
such time as a Chair’s briefing on the draft agenda has been declined. At this
stage, the other group spokesperson(s) shall be entitled to a copy of the draft
agenda.
4. No member shall have the
right to veto an item from appearing on a committee agenda, nor to require an
item or report to be re-worded (although requests for more information to be
included may be made).
5. Any member of the
Council may request that an item be put on the agenda for a committee or
sub-committee meeting provided adequate notice is given to enable the relevant
agenda item or report to be prepared and, if requested by a member
of a minority party, the item or report does not involve an unreasonable amount
of work by the officers.
6. Between
the issue of the final agenda and the meeting, the relevant officers will
arrange separate briefing(s) for the Chair and, if requested, the other group
spokesperson(s).
7. Draft minutes of
meetings will be circulated for comment on their accuracy to the Chair and
other group spokesperson(s). The
officers' view on the accuracy of the minutes shall be final, subject to the
right of a committee or sub-committee to amend minutes presented to it for
approval.
8. All members of the
Council are entitled to request factual information from officers about a
Council department or service and the information will be provided unless
! there is a legal
reason why it should not be disclosed (eg. the information is confidential
under section 100F(2) of the Local Government Act 1972, or the member in
question has a pecuniary interest in relation to it)
! the relevant Chief
Officer considers the request to be unreasonable in terms of the resources
required to provide the information and is supported in this view by the
relevant Chair. If information is
refused in these circumstances and the member wishes to pursue the request, the
request will be referred to the relevant committee for a decision on whether or
not the information should be provided.
(If a member wishes the fact that s/he has requested the information to
be kept confidential from other members, the Chief Executive shall take the
final decision on whether or not the information should be provided).
9. Where an officer sends
information on his/her own initiative to the Chair, copies will be provided to
the other group spokesperson(s).
C. Consultation
with members before exercising delegated powers
1. There are several
references in Standing Orders and their Appendices to officers having delegated
authority to take action after consultation with the Chair.
2. Except as set out in
para.3 below, the Chair and the other group spokesperson(s) should be consulted
in these circumstances. If the Chair objects to the proposed course of action
(but not if one or both of the other group spokespersons objects), the Chief
Officer shall not be authorised to exercise the delegated power without
reference to the relevant committee or sub-committee.
3. In exercising the
delegation in para. 33 of Appendix D to Standing Orders (cases of urgency or
emergency), a Chief Officer shall either consult members (in which case the
Chair and, so far as practical in the time available, spokesperson(s) shall
both or all be contacted) or the Chief Executive (if available) before
taking action. If only the Chief Executive is consulted, the Chief Officer
shall, as soon as possible after taking the action in question, inform the
Chair and spokesperson(s) of what has happened. (This shall be in addition to
reporting the action taken to the next meeting of the relevant committee or
sub-committee).
D Changes
to committee membership
1. The Local Government and
Housing Act 1989 (and Regulations made under it) obliges the Council, in making
appointments to committees, to give effect to the wishes of the political group
to whom the seat has been allocated in accordance with the rules on political
balance.
2. It has been this
Council’s practice to interpret the legislation flexibly to allow a group to
change its membership on a committee or sub-committee during the municipal year
by notice from the Group Leader to the Chief Executive. This procedure is
available as a result of paragraph 6 (a) of Appendix C to Standing Orders.
3. This procedure shall be
operated by the political groups so that:
(a) as the Council does not operate a system of substitutes, any change made by any political group to its representation on a committee should not be for the duration of one meeting, unless it is the last meeting in the municipal year;
(b) a change can only be
effected by the Group Leader (or Deputy - the “Representative” according to the
Regulations) giving the Chief Executive at least three clear working days’
notice in writing before the first meeting for which the change is to be
operative. “Clear working days” means excluding the day of the meeting, the day
on which notice is given, Saturdays, Sundays & Bank Holidays and any other
day when the Guildhall is closed for business.
The Standards Committee will have the following roles and functions:
(1) advising the Council and its committees
as appropriate on the ethical framework within which councillors and officers
should operate;
(2) advising the Council and its committees
as appropriate on the ethical aspects of the corporate governance framework
within which councillors and officers should operate;
(3) promoting
a culture of openness, ready accountability and probity, in order to ensure the
highest standards of conduct of councillors and officers;
(4) promoting and maintaining high standards
of conduct by councillors and co-opted members;
(5) assisting councillors and co-opted
members to observe the Members’ Code of Conduct;
(6) advising the Council on the adoption or
revision of the Members’ Code of Conduct;
(7) monitoring the operation
of the Members’ Code of Conduct;
(8) advising, training or arranging to train
councillors and co-opted members on matters relating to the Members’ Code of
Conduct;
(9) granting dispensations to councillors and
co-opted members from requirements relating to interests set out in the
Members’ Code of Conduct;
(10) dealing with any reports from a case
tribunal or interim case tribunal, and any report from the Monitoring Officer
on any matter which is referred by an Ethical Standards Officer to the
Monitoring Officer;
(11) supporting the Monitoring Officer and Chief
Financial Officer in their statutory roles;
(12) taking an overview of complaints handling
within the Council and issues relating to the Internal or external Ombudsman;
(13) overseeing the
Employee Code of Conduct;
(14) overseeing the
Confidential Reporting (“whistleblowing”) Policy.