Meeting documents

Council
Thursday, 9th April, 2015 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor Tricia Cowley (Chairman), Councillor Mrs A.G. Ashley, Councillor Alan Bardett, Councillor D.J. Barnard, Councillor Clare Billing, Councillor John Booth, Councillor Paul Clark, Councillor Julian Cunningham, Councillor Bill Davidson, Councillor Jean Green, Councillor Simon Harwood, Councillor Steve Hemingway, Councillor Fiona Hill, Councillor T.W. Hone, Councillor Tony Hunter, Councillor S.K. Jarvis, Councillor Sal Jarvis, Councillor David Kearns, Councillor Lorna Kercher, Councillor Joan Kirby, Councillor David Levett, Councillor Ben Lewis, Councillor Bernard Lovewell, Councillor Sandra Lunn, Councillor Alan Millard, Councillor Gerald Morris, Councillor M.R.M. Muir, Councillor Mrs L.A. Needham, Councillor Frank Radcliffe, Councillor Mike Rice, Councillor Deepak Sangha, Councillor Adrian Smith, Councillor R.A.C. Thake, Councillor M.E. Weeks and Councillor A.D. Young.
 IN ATTENDANCE: Chief Executive, Strategic Director of Customer Services, Head of Finance, Performance and Asset Management, Corporate Human Resources Manager, Acting Corporate Legal Manager and Committee and Member Services Manager.
 ALSO PRESENT: 4 members of the public.
 Meeting attachment Agenda Front Pages
Item Description/Resolution Status Action
PART I
76 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Judi Billing, John Bishop, P.C.W. Burt, Faye Frost, Jane Gray, Gary Grindal, John Harris, Cathryn Henry, David Leal-Bennett, Jim McNally, Ian Mantle, Deborah Segalini, R.L. Shakespeare-Smith (Vice-Chairman) and Mrs C.P.A. Strong.
Noted   
77 MINUTES
Minutes

It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and

RESOLVED: That the Minutes of the meeting of the Council held on 12 February 2015 be approved as a true record and signed by the Chairman.
Agreed   
78 MINUTES
Minutes

It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and

RESOLVED: That the Minutes of the extraordinary meeting of the Council held on 10 March 2015 be approved as a true record and signed by the Chairman.
Agreed   
79 NOTIFICATION OF OTHER BUSINESS

No additional business was presented for consideration by the Council.
Noted   
80 CHAIRMAN'S ANNOUNCEMENTS

(1) Former Councillor Betty Goble

The Chairman announced with sadness that former Councillor Betty Goble, who had represented the Hitchin Highbury Ward from 1976 to 1980, and who had also been a County Councillor, had passed away on 16 March 2015. A memorial service to celebrate former Councillor Goble's life would be held at St. Mary's Church, Hitchin at 2.00pm on Friday, 17 April 2015.

The Chairman invited all present to stand and observe a minute's silence in memory of former Councillor Betty Goble.

(2) Civic Reception

The Chairman thanked those that had attended the Civic Reception held on 27 February 2015 at North Herts College.

(3) Declarations of Interest

The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question.
Noted   
81 PUBLIC PARTICIPATION

There was no public participation.
Noted   
82 ITEM REFERRED FROM STANDARDS COMMITTEE: 24 FEBRUARY 2015 - STANDARDS MATTERS (PROPOSED CONSTITUTION AMENDMENTS)
Referral

The Chairman of the Standards Committee (Councillor Mike Rice) presented a referral from the meeting of that Committee held on 24 February 2015, in respect of Proposed Constitution Amendments relating to the Committee (Minute 13 refers).

The Chairman of the Standards Committee advised that, as Members would be aware, the Council reviewed its Constitution on an annual basis, and that the current review was underway with a view to reporting to the Council meeting in July 2015. As part of that ongoing review, the Monitoring Officer asked the Standards Committee to consider two proposals for inclusion in the review that related to the Standards Committee. He summarised the proposals as:

1. To reduce the number of regular meetings of the Committee from three to two (noting that extraordinary meetings could be called as and when appropriate, as Paragraph 7.3 of the Constitution made clear). In the last four years the Committee had met twice per year; and

2. To change Paragraph 7.6 of the Committee's terms of reference from requiring the Monitoring Officer to prepare a work programme for the Committee to approve, to the alternative of requiring a general report on standards matters which would cover the workload of the Monitoring Officer and current standards issues.

The Standards Committee discussed the two proposals and agreed that they were sensible amendments to make to the terms of reference of the Committee that reflected the level of work of the Committee and the way it conducted its work.

It was therefore moved by Councillor Mike Rice, seconded by Councillor Alan Millard and, following debate, was

RESOLVED: That the following amendments be made to Section 7 (The Standards Committee) of the Council's Constitution:

(1) Paragraph 7.3 - Number of Meetings - to now read:

There shall be two regular meetings of the Committee in each year. In addition, extraordinary meetings may be called from time to time, as and when appropriate. An extraordinary meeting may be called by the Chairman of the Committee or by the Proper Officer if he/she considers it is necessary or appropriate; and

(2) Paragraph 7.6 to be re-named "Standards Matters" - and to now read:

The Monitoring Officer will present a general report on standards matters at each Committee meeting, updating the Committee on the workload of the Monitoring Officer and current standards issues.

REASON FOR DECISION: To ensure good governance within the Council.
Agreed   
83 PAY POLICY STATEMENT 2015/16
Report
Annex 1 - Pay Policy Statement 2015/16

The Leader of the Council (Councillor Mrs L.A. Needham) presented the report of the Strategic Director of Customer Services in respect of the Pay Policy Statement 2015/16. The following annex was submitted with the report:

Annex 1 - North Herts District Council Draft Pay Policy Statement 2015/16.

The Leader of the Council reminded Members that the draft Pay Policy Statement 2015/16 was required to be considered and approved in accordance with the requirements of Section 38 of the Localism Act 2011 (the Act), associated guidance issued under Section 40 of the Act and the Local Government Transparency Codes 2014 and 2015. The Statement incorporated elements of existing policy and practice and was required to be agreed annually. Initial consultation on the Draft Pay Policy Statement had taken place with the Staff Consultation Forum, Unison and Group Leaders.

The Leader of the Council explained that, whilst the guidance primarily required Councils to set out the policy in relation to senior pay, it was important to understand that NHDC‘s existing Pay Policy, adopted in 2004, did not differentiate between senior staff and others. Thus, the existing and draft NHDC Pay Policy Statement went beyond that which was required to be published in accordance with paragraph 31 of the guidance issued under Section 40 of the Localism Act 2011. References to ‘Chief Officers' in the report and in the Statement were to the Chief Executive, Strategic Directors, Heads of Service and Corporate Managers.

The Leader of the Council stated that the Pay Policy Statement, along with other information on senior salaries (already published in accordance with the Accounts & Audit (England) Regulations 2011 and the Local Government Transparency Code 2014), must be published as soon as reasonably practical on the Council's website.

It was noted that the former Code of Recommended Practice for Local Authorities on Data Transparency had now been replaced with the Local Government Transparency Codes 2014 and 2015. The relevant requirements of the Codes had been detailed in the Pay Policy Statement at Paragraphs 5.1 and 5.2. The Local Government Transparency Codes 2014 and 2015 required publication of the pay multiple between the highest earning and the median earnings of the whole of the workforce, amongst other things, and these were detailed in Paragraphs 8.12 to 8.16 of the report. The Council had, however, included this information in all of the previous Pay Policy Statements in the interests of transparency.

The Leader of the Council commented that initial guidance was published in February 2012 and that guidance remained in force. The supplementary guidance published in 2013 and the Local Government Transparency Code 2014 must be taken in to account when preparing the Pay Policy Statement.

The Leader of the Council stated that Full Council would vote before a salary in excess of £100,000 was offered in respect of a new appointment. A salary package included salary and fees or allowances routinely payable to the appointee and any benefits in kind to which the officer was entitled as a result of their employment. This would apply to Chief Executive recruitment. No other posts were expected to reach this threshold.

The Leader of the Council advised that, in considering the Pay Policy Statement for 2013/14, the Council was asked to note that the supplementary guidance also signalled the Secretary of State's intention to remove the requirement for an Independent Person to investigate allegations of misconduct by senior officers from the Local Authorities (Standing Orders) (England) Regulation 2001. Limited consultation had been carried out, and the Strategic Director of Customer Services would update Council on the outcome later in the meeting.

It was noted that the relevant pay information publication requirements arising from the 2014 Code had been incorporated in to the Annual Pay Policy Statement and would be published on an annual basis. Other areas now covered were to be published on the Council's website, including Organisation Structure; Trade Union activity; Senior salaries; and Pay multiples.

In terms of the investigation of allegations of misconduct by senior officers, the Strategic Director of Customer Services advised that the Secretary of State had made a statement that to remove the requirement for an Independent Person to investigate such matters, and that this change would require a change to the Council's Standing Orders.

It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor T.W. Hone, that the recommendations in the report be agreed.

During the debate, and in response to a question, the Strategic Director of Customer Services undertook to provide all Members with a written response as to why the median salary of NHDC staff had gone down from £27,875 in the 2014/15 Statement to £20,474 in the 2015/16 Statement.

Also in response to a question, the Acting Monitoring Officer clarified that the requirement for a Designated Independent Person to investigate allegations of misconduct by senior officers had been replaced by a process using the Independent Person appointed under the Standards regime. The Employment Procedure Rules in the Council's Constitution would be amended to this effect, and would form part of the Constitution review to be carried out and reported to Council in July 2015.

Upon the motion being put to the vote, it was

RESOLVED:

(1) That the Pay Policy Statement 2015/16, as attached at Annex 1 to the report, be endorsed; and

(2) That the Strategic Director Customer Services, in consultation with the Leader of the Council, be delegated authority to agree subsequent minor revisions to the Policy Statement, such as subsequent pay awards agreed nationally, as outlined in Paragraph 3.7 of the Policy at Annex 1.

REASON FOR DECISION: To comply with the requirements of Section 38 of the Localism Act 2011, statutory guidance issued under Section 40 and the Local Government Transparency Codes 2014 and 2015.
Agreed   
84 QUESTIONS FROM MEMBERS
Report

There were no questions from Members.
Noted   
85 NOTICE OF MOTIONS
Report

(A) National Health Service (NHS) services

Due notice having been given in accordance with Standing Order 4.8.12, it was moved by Councillor Clare Billing, and seconded by Councillor Adrian Smith,

"That this Council notes with concern that local NHS services are under considerable pressure, particularly Accident and Emergency and GP services. It further notes that there are limited opportunities for local residents to receive advice and support for minor injuries and illnesses.

North Herts District Council will work with the County Council's public health Officers and local health providers to improve and integrate services in order to alleviate pressure on A&E and GP services locally."

Following debate, and upon being put to the vote, the motion was lost.

(B) Council and Committee Meetings - School holidays

Due notice having been given in accordance with Standing Order 4.8.12, it was moved by Councillor Frank Radcliffe, and seconded by Councillor David Kearns,

"That, in order to encourage the widest range of people to stand as councillors both now and in the future, and to recognise the importance of caring and parenting responsibilities, NHDC will revert to its previous policy of not normally holding scheduled meetings of Committees and Council during the school holidays."

As an amendment, it was moved by Councillor Mrs L.A. Needham, and seconded by Councillor Julian Cunningham, that the words "revert to its previous policy of not holding…" be replaced with "avoid, wherever possible, arranging…".

Following debate, and upon being put to the vote, this amendment was carried.

Upon the substantive motion being put to the vote, it was

RESOLVED: That, in order to encourage the widest range of people to stand as councillors both now and in the future, and to recognise the importance of caring and parenting responsibilities, NHDC will avoid, wherever possible, arranging scheduled meetings of Committees and Council during the school holidays.
Noted