Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda

No interests were declared.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the meeting. Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

There were no members of the public wishing to speak or ask a question.

To approve the minutes of the meeting held on 27^th January 2011.

RESOLVED

That the minutes of the meeting held on 27^th January 2011 be approved as a correct record.

To commend the Constitution Committee to make a recommendation to Council to amend the Councillor Call for Action Protocol, to allow the Scrutiny Chairmen’s Group to take the lead in determining which of the Council’s five Overview and Scrutiny Committees should deal with cross-cutting issues raised under CCfA.

The Committee considered a proposed amendment to the Councillor Call for Action Protocol to allow the Scrutiny Chairmen’s Group to take the lead in determining which of the Council’s five overview and scrutiny committees dealt with cross-cutting issues raised under the Councillor Call for Action procedure.

RESOLVED

That the role of the Scrutiny Chairmen’s Group in determining which of the five overview and scrutiny committees should deal with cross-cutting  issues raised under the Councillor Call for Action procedure be recognised and Council be recommended to authorise the Borough Solicitor to make appropriate reference to the role of the Scrutiny Chairmen’s Group in the Councillor Call for Action Protocol by amending Section 7 of the Protocol.

To consider revisions to the procedure for the appointment of Authority Governors to educational establishments. 

The Committee considered proposed revisions to the procedure for the appointment of Authority Governors to educational establishments.

The requirement to make Authority Governor appointments was a statutory obligation on all Local Authorities. The current Appointment Process had been approved by the Governance and Constitution Committee on 3^rd November 2008.

Cheshire East’s Authority Governor vacancy level had been very high when the Council was established.  Over the last eighteen months, through the application of the approved process, this level had fallen to a level below the national average. Large numbers of vacancies led to a risk of weaker Governing Bodies and Headteachers being unsupported or insufficiently challenged in their role. The revised procedure would make the process more robust and more transparent, particularly in relation to the appointment of governors in schools in the Authority’s Improving Outcomes Programme.

The need for transparency and effectiveness in the process had been increased by the publication of the recent Education Bill which, if enacted unamended, would remove the requirement for schools to have an Authority Governor position. If the Local Authority wished to retain a representation on school Governing Bodies it was essential that schools were satisfied that the appointment process was transparent and effective, and was supplying them with valuable governors.

RESOLVED

That the revised procedure for the appointment of Authority Governors to school governing bodies in Cheshire East as set out in Annexe A to the report be approved subject to the following amendments:

1.      where there are two or more competing nominations for a vacancy at a primary school and one nominee is a local ward member for the ward in which the school is situated, the local ward member shall be appointed;

2.      where there are two or more competing nominations for a vacancy at a secondary school and one nominee is a local ward member for a ward served by the secondary school, the local ward member shall be appointed;

3.      where there are two or more nominations of local ward members in either case above, those members shall decide among themselves which one of them shall be appointed; in the event that agreement cannot be reached, all such nominations shall be considered equally alongside any others against the agreed criteria; and

4.      nominations by local ward members where they themselves are not the nominee shall be considered equally with other nominations against the agreed criteria.

To consider a number of proposals in respect of outside organisations.

The Committee considered a number of issues relating to appointments to outside organisations, including proposals concerning specific organisations, a revised casual vacancies procedure, a proposed procedure for dealing with new requests for representation, and a progress report on the guide for members appointed to outside bodies.

RESOLVED

That 

(1)          the appointment of representatives to the Adoption Panel, Cheshire Admissions Forum and the Fostering Panel be referred to Annual Council; 

(2)          no action be taken in respect of the appointment to the Crewe and Nantwich Twinning Association in the current Municipal Year;

(3)          Councillor S Wilkinson be appointed to the Standing Advisory Council for Religious Education (SACRE) to serve for the remainder of the Municipal Year;

(4)          no action be taken to appoint to Dial-a-Ride and Community Transport at the present time, pending the outcome of the Portfolio Holder’s review of the arrangements for appointments to this organisation;

(5)          Holmes Chapel Partnership be added as a Category 2 outside organisation and Councillor Les Gilbert be appointed as the Council’s representative;

(6)          the revised Casual Vacancies Procedure set out in the report be adopted for use in respect of Category 2 organisations and be commended to Cabinet for application to all Category 1 organisations;

(7)          the proposed procedure for dealing with new requests for representation on outside organisations as set out in the report be adopted;

(8)          the Sub-Committee be authorised to refer Category 1 organisations direct to Cabinet;

(9)          the procedure for making appointments in 2011-2012 be noted; and

(10)     it be noted that the Guide for Members Appointed to Outside Organisations has been finalised and issued to all Members.

To consider a report summarising the member training and development events held in 2010/2011 and outlining planned activities for 2011/2012. 

The Committee considered a report summarising the member training and development events held in 2010/11 and outlining planned activities for 2011/12.

The 2010/11 Member Development Programme had continued to build on the successes achieved in year 1 by maintaining the flow of information to Councillors and enhancing Members’ knowledge on a wide range of subjects. 

Work would continue during 2011 to maintain the standard required under the North West Development Charter to enable the Council to apply for re-accreditation in 2012.

The Panel’s priorities for 2011/12 included the creation of a comprehensive Induction Programme for newly-elected Members, a review of the Member Development Strategy and personal development planning.

RESOLVED

That the end of year report by the Chairman of the Member Development Panel be noted.

To consider an addendum to the report of the Independent Remuneration Panel submitted to the Constitution Committee on 27^th January 2011, following a meeting between the Panel and the Council’s Political Group Leaders on 2^nd March 2011.

The Committee considered a further report of the Independent Remuneration Panel following a meeting between the Panel and the Council’s political leaders on 2^nd March 2011.

The Panel had submitted its final report to the meeting of the Constitution

Committee on 27^th January 2011 (Appendix 1). Having debated the report

the Committee had resolved that:  

“The Independent Remuneration Panel be thanked for its report which is noted, and the Panel be invited to meet with the Council’s political leaders and Group Whips to discuss the recommendations in the report.”

The report summarised the discussion which had taken place on 2^nd March and set out the recommendations of the Panel as amended in the light of that discussion.      

RESOLVED

That the Independent Remuneration Panel be thanked for its further consideration of the Member Allowances Scheme and the Panel’s recommended changes to the Scheme as set out below be recommended to Council for adoption and implementation with effect from the beginning of the next municipal year:

1)        The Cheshire East Scheme of Members’ Allowances should make provision for the Independent Remuneration Panel to review, on an annual basis, the current Scheme’s allowances and recommend whether any adjustments were appropriate;

2)        The level of Basic Allowance for 2011/2012 should not be increased and remain at the same level awarded in the Scheme of Members’ Allowances for 2010/2011; 

3)        Except as provided for in recommendations 4 (a) - (c) in respect of the role of Vice-Chairmen, the level of remuneration in respect of Special Responsibility Allowances, Subsistence Allowances, Co-opted Member Allowance, Dependent Carer’s Allowance, Broadband/Line Rental fees and Members’ Surgery fees for 2011/2012 should not be increased and remain at the same level awarded in the Scheme of Members’ Allowances for 2010/2011; 

4a)                  Special Responsibility Allowances for the post of Vice Chairman be retained within the Scheme of Members’ Allowances for 2011/2012;

4b)      The role of Vice Chairman of Constitution Committee and Vice Chairman of Audit and Governance Committee be included in the Schedule of Special Responsibility Allowances appended to the 2011/2012 Scheme of Members’ Allowances;  

4c)      A Special Responsibility Allowance of £1,000 per annum be awarded to the Vice Chairman posts included in Schedule 1 of the 2011/2012 Scheme of Members Allowances, with an additional £50 payable for each meeting chaired up to an accumulated maximum total of £1,500 per annum;

5a)       The role of Chairman of Constitution Committee and Chairman of Audit and Governance Committee be included in the Schedule of Special Responsibility Allowances appended to the 2011/2012 Scheme of Members’ Allowances ;

5b&c)A gearing equivalent to 0.65 of Basic Allowance be applied to the post; the position to be kept under review; 

6)        The level of Travel Allowances for 2011/2012 should not be increased and should remain at the same level awarded in the Scheme of Members’ Allowances for 2010/2011; except for car mileage rates which are to remain linked to the amounts payable to officers in accordance with the National Joint Council for Local  ...  view the full minutes text for item 55.