Issue - meetings

Amendments to the Hertfordshire Growth Board Standing Orders in relation to the appointment of the Chair & Vice Chair, & pre-emptively seeking authority to amend Service Director: Regulatory’s delegations

Meeting: 13/07/2023 - Council (Item 225)

225 AMENDMENTS TO THE HERTFORDSHIRE GROWTH BOARD STANDING ORDERS IN RELATION TO THE APPOINTMENT OF THE CHAIR AND VICE-CHAIR AND PRE-EMPTIVELY SEEKING AUTHORITY TO AMEND SERVICE DIRECTOR: REGULATORY DELEGATIONS pdf icon PDF 300 KB

REPORT OF THE MONITORING OFFICER AND SERVICE DIRECTOR: LEGAL AND COMMUNITIES

 

The purpose of this report is to authorise amendments to Standing Order 4.2 of Appendix 1 Annex A of the Hertfordshire Growth Board (HGB) Standing Orders in relation to the appointment of the Chair & Vice Chair (in Section 11 of the Council’s Constitution).

It is also to seek pre-emptive permission to amend relevant sections of the Constitution, in relation to the Service Director: Regulatory’s delegations (predominantly in sections 12 and 14) that relate to Housing & Environmental Health, and for the Monitoring Officer to do so if/ when the recruitment to the temporary post has been successful.

Decision:

RESOLVED:

 

(1)   That the amendments as set out within this report to Standing Order 4.2 contained within Appendix 1 Annex A of the HGB Standing Orders, in Section 11 of the NHC Constitution were approved.

 

(2)   That the Council delegated authority to the Monitoring Officer to undertake any necessary amendments to the Constitution, in respect of the Service Director: Regulatory and the Service Director: Housing & Environment (to take effect on successful appointment/ commencement).

 

REASONS FOR DECISIONS:

 

(1)   Section 11 of the Constitution contains the Standing Order 4.2 contained within Appendix 1 Annex A the Hertfordshire Growth Board Standing Orders deals with the re-appointment of the Chair and states:

 

“The appointment of the Chair described in 4.1 shall be for a term up to the first meeting of the HGB that follows both the 2021 local elections and the 2021 Annual Meetings of the constituent Councils (the Post-Election Meeting). At the Post Election Meeting, the Board may either re-appoint the same member as Agenda Item 12 Chair or appoint a new Chair for a term of two years. Save in the above case, the Chair shall serve a single consecutive term of two years.”

 

(2)   It has been identified that the wording of Standing Order 4.2 is ambiguous and unclear in relation to the term of Chairs and the re-election of Chairs for periods exceeding two years. Therefore, each member council has been consulted on amendments to Standing Order 4.2, which will make it clearer, and which will allow for the re-election of the current Chair. The Hertfordshire County Council’s Monitoring Officer has requested that this be brought to the Council meeting in July.

 

(3)   It is therefore recommended that 4.2 is amended to:

 

“With effect from the Annual General Meeting 2023 the appointment of the Chair and Vice Chair shall be decided annually as the first substantive item of business at the AGM.”

 

(4)   To ensure that effective delegations can be put in place in time for any new (temporary) appointment.

Minutes:

Audio recording – 141 minutes 24 seconds

 

The Service Director – Legal and Community presented the report entitled ‘Amendments to the Hertfordshire Growth Board Standing Orders in Relation to the Appointment of the Chair and Vice-Chair and pre-emptively seeking authority to amend Service Director: Regulatory Delegations’. The latter was in advance of the temporary appointment of a Service Director: Housing and Environmental Health.

 

In response to a question from Councillor Ralph Muncer regarding the recruitment of the temporary Service Director, the Service Director – Legal and Community advised that it was not for her to go into detail on the appointment process, but that interviews had been completed and the appointment was pending.

 

Councillor Elizabeth Dennis proposed and Councillor Ruth Brown seconded and, following a vote, it was:

 

RESOLVED:

 

(1)  That the amendments as set out within this report to Standing Order 4.2 contained within Appendix 1 Annex A of the HGB Standing Orders, in Section 11 of the NHC Constitution were approved.

 

(2)  That the Council delegated authority to the Monitoring Officer to undertake any necessary amendments to the Constitution, in respect of the Service Director: Regulatory and the Service Director: Housing & Environment (to take effect on successful appointment/ commencement).

 

REASONS FOR DECISIONS:

 

(1)  Section 11 of the Constitution contains the Standing Order 4.2 contained within Appendix 1 Annex A the Hertfordshire Growth Board Standing Orders deals with the re-appointment of the Chair and states:

 

“The appointment of the Chair described in 4.1 shall be for a term up to the first meeting of the HGB that follows both the 2021 local elections and the 2021 Annual Meetings of the constituent Councils (the Post-Election Meeting). At the Post Election Meeting, the Board may either re-appoint the same member as Agenda Item 12 Chair or appoint a new Chair for a term of two years. Save in the above case, the Chair shall serve a single consecutive term of two years.”

 

(2)  It has been identified that the wording of Standing Order 4.2 is ambiguous and unclear in relation to the term of Chairs and the re-election of Chairs for periods exceeding two years. Therefore, each member council has been consulted on amendments to Standing Order 4.2, which will make it clearer, and which will allow for the re-election of the current Chair. The Hertfordshire County Council’s Monitoring Officer has requested that this be brought to the Council meeting in July.

 

(3)  It is therefore recommended that 4.2 is amended to:

 

“With effect from the Annual General Meeting 2023 the appointment of the Chair and Vice Chair shall be decided annually as the first substantive item of business at the AGM.”

 

(4)  To ensure that effective delegations can be put in place in time for any new (temporary) appointment.