Agenda and minutes

It was MOVED by Councillor Jane Kidd and SECONDED by Councillor Sue Knowles, that Councillor Paul Wray be elected as Chair of Council of Doncaster Metropolitan Borough for the 2015/16 Municipal Year.

On being put to the meeting, the Motion was declared CARRIED.

RESOLVED that Councillor Paul Wray be and is hereby elected, Chair of Council for Doncaster Metropolitan Borough, for the 2015/16 Municipal Year.

The Chair of Council made his Declaration of Acceptance of Office.

It was MOVED by Councillor Glyn Jones and SECONDED by Councillor Tony Revill, that Councillor David Nevett be elected as Vice-Chair of Council of Doncaster Metropolitan Borough for the 2015/16 Municipal Year.

On being put to the meeting, the Motion was declared CARRIED.

RESOLVED that Councillor David Nevett be and is hereby elected, Vice?Chair of Council for Doncaster Metropolitan Borough, for the 2015/16 Municipal Year.

The Chair of Council then announced a 15 minute recess for exchanging robes and determined that the meeting would reconvene at 11.05 a.m.

On behalf of the Council, Roger Harvey, Assistant Director of Legal Services and Monitoring Officer, presented badges to the retiring Chair of Council and her Consort.

At the conclusion of item 5 above, the meeting will stand adjourned and reconvene at 1.00pm in the Council Chamber in the Civic Office, Waterdale, Doncaster.

It was MOVED by Councillor Pat Knight and SECONDED by Councillor Linda Curran, that the Council place on record its thanks and appreciation to Councillor Pat Haith for the manner in which she had fulfilled the Office of Chair of Council, during the past year.

Councillor Pat Haith suitably responded and thanked Councillors Pat Knight and Linda Curran for their support over the past year.  She expressed thanks to the staff in Member Support, in particular, Kay Marelli, Mandy Bingham and Paul Lawson, for their valued support over the year.  Councillor Haith also expressed her gratitude to the Junior Civic Mayor, Mai Hurley, who had been a credit to her parents, Rosedale School and the children of Doncaster. 

Councillor Haith recalled some of the memorable highlights from her year in office and spoke of how she had been overwhelmed by the generosity and commitment by the Voluntary Groups she had visited.  Councillor Haith also expressed thanks to her husband Alan Haith, who had been her Consort and also thanked her sister, Linda Rodgers, who had stood in for the Consort at certain events throughout the year.  Councillor Haith thanked everyone who had attended and supported her charities by donating prizes and attending events in particular, she gave thanks to Councillor Eva Hughes for her support.  To conclude, Councillor Haith wished Councillor Paul Wray and his Consort, every success for the future.

No declarations of interest were made at the meeting.

RESOLVED that the Minutes of the Meeting of the Council held on 3rd March, 2015, a copy of which had been circulated to each Member, be approved as a correct record and signed by the Chair.

No announcements were made at the meeting.

The Council considered a report which advised Members of the results of the Parliamentary General, Borough Council and Parish Council Elections held on Thursday, 7th May 2015.

RESOLVED that the report on the results of the Parliamentary General, Borough Council and Parish Council Elections held on 7th May, 2015, be noted.

The Mayor of Doncaster, Ros Jones, informed the Council of the composition of her Cabinet and Portfolio Holder responsibilities of her Cabinet Members.

The Mayor stated that she would continue to take on the remit of the Budget and Policy Framework and the Deputy Mayor, Councillor Glyn Jones, would take responsibility for Adult Social Care and Equalities.

Councillor Joe Blackham would oversee Regeneration and Transportation and Councillor Nuala Fennelly would hold the Portfolio for Children, Young People and Schools.

Councillor Pat Knight would hold the Portfolio for Public Health and Wellbeing and Councillor Bill Mordue would oversee Business, Skills, Tourism and Culture.

Councillor Sandra Holland would take responsibility for Housing and the Environment and Councillor Chris McGuinness would hold the Portfolio for Communities and the Voluntary Sector.

To conclude, Councillor Tony Corden would hold the Portfolio for Customer, Corporate and Trading Services.

RESOLVED that the revisions to the composition and Portfolio remits of the Mayor’s Cabinet, be noted.

The Monitoring Officer, Roger Harvey, left the meeting during consideration of this item and the following agenda item.  The Deputy Monitoring Officer, Scott Fawcus, presented a report which informed Members of the changes to the procedure when dealing with the disciplining and dismissal of the Chief Executive (Head of Paid Service), Chief Finance Officer (Section 151 Officer) and Monitoring Officer, as set out in the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

It was reported that there were specific policies in place for the disciplining and dismissal of the Council’s Chief Executive, Monitoring Officer and Section 151 Officer.  Such processes were set out in law and must be followed.  The current position was that disciplinary action could not be taken unless a report had been prepared by a Designated Independent Person (usually referred to as a DIP).  The Government had considered the DIP process to be over-lengthy and expensive and therefore, had introduced a new process which it required Local Authorities to adopt at their first meeting after the Elections in May.

Members were informed that the new Regulations, as contained within the Local Authorities (Standing Orders) (England) (Amendment) (Regulations) 2015, had removed the DIP process and that disciplinary matters would now be considered by a Council Panel which must contain at least 2 Independent Persons.  It was therefore proposed that the Council’s Chief Officers’ Investigatory Sub-Committee would carry out this duty. In the event that the Sub-Committee considered that dismissal should occur, Full Council would be asked to approve the recommendations put forward by the Sub-Committee.

It was further reported that the Regulations set out the criteria for the appointment of Independent Persons. The Council currently had one appointed Independent Person, Phil Beavers, who had been appointed under the Members’ Code of Conduct regime, who had agreed to take on this role.  A further Independent person would be required to fulfil this requirement.

Council was asked to note and approve the revised Standing Orders, as attached at Appendix A to the report.

RESOLVED that the changes to Standing Orders (i.e. Employment Procedure Rules) in Section 8 of Part 4, paragraphs 6 and 7 of the Council’s Constitution, in respect of disciplinary action against the Head of Paid Service, the Monitoring Officer and Chief Finance Officer (Section 151 Officer), as set out in Appendix A, be approved.

The Council considered a report which sought the Council’s approval to the proposed revisions to the Terms of Reference of some Committees and Sub-Committees, for the 2015/16 Municipal Year, for the discharge of functions.

In light of operational experience during the current year and as a consequence of legislative requirements, it was proposed to make minor revisions to the Terms of Reference of the Audit Committee, Chief Officers’ Appointments Committee, Chief Officers’ Investigatory Sub-Committee, Chief Officers’ Appeals Committee, Joint Safety Committee and the Health and Wellbeing Board, which were set out within Paragraph 7 and Appendix A to the report.

Council was asked to support the recommendations outlined in paragraph 2 of the report, which aimed at ensuring that the Terms of Reference were ‘fit for purpose’ for the 2015/16 Municipal Year.

Whilst welcoming the revisions made to the Terms of Reference of Committees, the Deputy Mayor, Councillor Glyn Jones, held the view that the amendments proposed to the service responsibilities of the Joint Safety Committee were unnecessary.  Therefore, Councillor Glyn Jones Moved that they remain unchanged.  This proposal was Seconded by Councillor Charlie Hogarth.

RESOLVED that

(1)        for the reasons set out at paragraphs 7(a), (b) and (d) of the report, the proposed revisions to the Terms of Reference of the following Committees, as set out at Appendix A to the report, be approved, subject to the Terms of Reference of the Joint Safety Committee remaining unchanged;

(i)          Audit Committee;

(ii)         Chief Officers’ Appointments Committee;

(iii)       Chief Officers’ Investigatory Sub-Committee;

(iv)       Chief Officers’ Appeals Committee; and

(v)        Health and Wellbeing Board.

(2)        it be noted that the existing Terms of Reference for all other Committees and Sub-Committees, as set out within Part 3 of the Constitution, remain unchanged; and

(3)        it be noted that the Constitution will be updated to reflect any revisions to the Terms of Reference agreed at this meeting.

(Notice – Approval of alternative arrangements for appointments to some Committees and Sub-Committees on a non-proportionate basis, is to be considered).

The Council considered a report which proposed the allocation of seats on Committees and Sub-Committees of the Council, having regard to political balance in accordance with the provisions of the Local Government and Housing Act 1989, following the Borough Council Elections held on 7th May, 2015.

The Council was also advised of adjustments necessary to reflect a best proportionate fit in accordance with the principles of proportionality, as set out within paragraph 25 of the report.

It was reported that following the dispatch of the agenda papers, a list of Political Group nominations for the appointment of Members to serve on Committees, Sub-Committees and Scrutiny Panels, had been tabled at the meeting, which outlined nominations received from Group Leaders.

The Council was also requested to make appointments and co-options to other Committees of the Council, not subject to the requirement for proportional balance.

Members noted that the proposed allocation of seats set out in the report, was based on:-

(i)          Proportionality being applied to the Committees/Sub-Committees shown in the table below based on the membership indicated:-

(ii)         Proportionality would not apply to the Overview and Scrutiny Management Committee or the four Overview and Scrutiny Standing Panels, in order to maximise cross-party representation;

(iii)        the Licensing Committee, set up under the Licensing Act 2003, need not be politically proportionate.  However, in seeking nominations from Group Leaders onto these 14 seats, these had been sought in proportion to the overall composition on the Council.  The appointment of Licensing Sub-Committees to conduct hearings under Section 10 of the Licensing Act 2003, was a statutory function reserved by the Act to the statutory Licensing Committee.  Accordingly, it was a matter for the Licensing Committee to appoint these Sub?Committees and to schedule any required meetings; and

(iv)       Proportionality would not apply to the Health and Wellbeing Board in accordance with legislative requirements.

Councillor James Hart drew Members attention to an amendment to page 8 of the Conservative Group’s nominations in relation to the Regeneration and Housing Overview and Scrutiny Panel, as set out at page 8 of the Group Nominations List for the allocations of seats on Committees and Sub-Committees, a copy of which had been provided to Members in the Chamber, in that Councillor R. Allan Jones be replaced by Councillor Alan Smith. 

RESOLVED that

(1)            seats on Committees and Sub-Committees, be allocated as set out in the table at paragraph 25 of the report, subject to the adjustments detailed below:-

(a)            the Conservative Group lose one seat on each of the following Committees:-

·            Elections and Democratic Structures Committee (Councillor R. Allan Jones)

·            Chief Officers’ Appointments Committee

(Councillor Cynthia Ransome, Substitute, Councillor Jonathan Wood)

(b)      the Mexborough First Group lose one seat on the Awards, Grants and Transport (Appeals)  ...  view the full minutes text for item 17.

Members considered a revised list of Political Group nominations for the appointment of Members to serve as Chairs and Vice-Chairs on Committees, Sub-Committees and Scrutiny Panels, which outlined amendments received from Group Leaders, that had been tabled at the meeting following the despatch of the agenda papers.

RESOLVED that the Chair and Vice-Chair of Committees and Sub-Committees for the 2015/16 Municipal Year, be as follows:-

Further to the above Minute, the Council considered a report which outlined the finalised diary of meetings for the 2015/16 Municipal Year.

At its meeting on 3rd March, 2015, the Council considered a report outlining a proposed Diary of Meetings for 2015/16, upon which comments were sought and these were now reflected in the schedule, attached at Appendix A.

Members were asked to note that as of last year, the frequency of Council meetings had been retained at six, with evening meetings starting at 6.00pm being held in the months of July and September.

In addition, in order to comply with statutory requirements for agreeing the Council Budget and setting the Council Tax, it was proposed to hold one meeting of Council in March, 2016.  Meetings had been kept to a minimum during peak holiday periods in late July/August and over the Christmas period.

A schedule of Cabinet Meetings approved by the Mayor of Doncaster, had been incorporated in the Diary of Meetings.  The dates for Overview and Scrutiny Management Committee meetings had been diarised to ensure that they synchronised with the budget setting process and coincided with the publication of the quarterly Performance and Improvement reports, to be considered in a timely manner.

RESOLVED that

(1)        the proposed Diary of Meetings for the 2015/16 Municipal Year, attached at Appendix A to the report, be approved; and

(2)        the schedule of Cabinet meetings as determined by the Mayor of Doncaster, be noted.

The Council considered a report which sought the appointment of Members to the schedule of Outside Bodies for the 2015/16 Municipal Year, as set out in the revised list detailed within Appendices A and B to the report, which had been tabled at the meeting.

The Deputy Mayor, Councillor Glyn Jones, proposed an amendment to the Council appointments to Outside Bodies in respect of the Doncaster and District Deaf Society, in that Councillor Sue Wilkinson, be replaced by Councillor Sue Knowles.

In addition, it was Moved by the Deputy Mayor, Councillor Glyn Jones and Seconded by the Mayor of Doncaster, Ros Jones, that Members appointed to the South Yorkshire Pensions Authority (SYPA) were required to attend mandatory training in order to ensure that they were fully aware of their obligations to be able to perform their role and for those Members who had not attended the mandatory training, they be removed from the SYPA.

On being put to the meeting, the Motion proposed by the Deputy Mayor, Councillor Glyn Jones, was declared CARRIED.

RESOLVED that

(1)        the appointments to Outside Bodies in accordance with the nomination lists, as set out in the revised Appendix A to the report, be approved subject to the replacement of Councillor Sue Wilkinson with Councillor Sue Knowles on the Doncaster and District Deaf Society;

(2)        should any vacancies remain on the schedule of appointments to Outside Bodies, the relevant Group Leader contact the Monitoring Officer following the meeting, to confirm details of the appointment(s), and that details of such appointments be reported to the next available Council meeting; and

(3)        Members appointed onto the South Yorkshire Pensions Authority, be required to attend mandatory training and that failure to do so, would result in that Member being removed.

The Council considered a report which sought approval for the future audio and visual recording of Full Council meetings and the Annual Council Meeting, and the creation of a record of the proceedings to be retained as a source of reference.

Members noted that a number of requests had recently been made to investigate the possibilities of audio visual recording of Council meetings.  At present, there was no legal requirement for the Council to record the proceedings of Council meetings.  In keeping with the Government’s openness agenda and to ensure there was an accurate record of decisions and debate, it was proposed to retain and provide an audio visual recording of the meeting accessible through the Council’s Website which was the most cost effective option and allowed Council to consider at a later date, if it wished to consider live webcasting.

It was noted that the current Chamber Management System could be upgraded and modified to allow for both webcasting and audio visual recording. 

Members were informed that the recordings were intended to be made accessible to the public as a true record of proceedings, but there could be occasions where exempt items were discussed or sensitive dialogue or comments were made, which would be omitted from the version uploaded to the Council’s website, but the Council would retain the unedited version.  Any editing of recordings to ensure they were suitable and appropriate for viewing via the Council’s website, would be made subject to the agreement ofthe Monitoring Officer.  Any links to audio visual recordings would remain accessible on the website for a period of 12 months.  The minutes from these meetings, which formed a true and official record of proceedings and decisions, would continue to be retained on the Council’s Website and Intranet on the new Committee Management System.

RESOLVED that

(1)        the audio and visual recording of Council meetings be implemented with effect from September 2015;

(2)        audio and visual recordings of Council meetings be made accessible and available on the Council’s Website following the meeting;

(3)        any editing of recordings to ensure the recordings are suitable and appropriate for viewing via the Council’s website and editing thereof, be agreed by the Monitoring Officer; and

(4)        a further report be submitted to Council within the current Municipal Year, reporting back on the implementation of these arrangements together with any associated protocols and to consider whether Members would wish to implement arrangements for webcasting.