Agenda, decisions and minutes

The Chair welcomed everyone to this virtual Extraordinary Council meeting that was being conducted with Members and Officers at various locations, communicating via audio/video and online and advised that there was the opportunity for the public and press to listen and view proceedings.

The Committee, Member and Scrutiny Manager gave advise regarding the following:

·                Attendance;

·                Virtual Meeting;

·                Noise Interference;

·                Rules of Debate;

·                Voting.

The Chair of the Council, Councillor Jean Green started the meeting proper.

Audio Recording – Session 1 – 14 seconds

The Chair welcomed everyone to this virtual Extraordinary Council meeting that was being conducted with Members and Officers at various locations, communicating via audio/video and online and advised that there was the opportunity for the public and press to listen and view proceedings.

The Chair invited the Committee, Member and Scrutiny Manager to explain how proceedings would work and to confirm that Members were in attendance.

The Committee, Member and Scrutiny Manager advised the following:

Attendance

With the agreement of the Group Leaders, the meeting would operate with the quorate number plus one additional Member from each group being 15 Members in total.

A roll call was undertaken to confirm that the required Members were present and could hear and be heard..

If for any reason the meeting was not quorate an Officer interject the meeting and the meeting would adjourn immediately. Once the meeting was quorate the meeting would resume. 

Only Members present during the entire debate for an item were entitled to vote. If a Member had been cut off during the debate for longer than a few minutes and re-joined the meeting, then they would not be able to vote on that item.

Virtual Meeting

As this was NHDC’s first virtual meeting, Members were asked to be guided by officers and be patient as things may take longer than usual.

There had been a significant amount of work going on behind the scenes and given the time constraints of when the regulations were enacted to now, we must be prepared and be kind, if there are technical glitches and be mindful of each of our individual personal circumstances that we are operating in.

Noise Interference

The Committee, Member and Scrutiny Manager asked all in attendance to ensure that mobile phones were muted.

Participants should activate the mute button when not speaking, otherwise it may be difficult to hear what was being said with background noise and were reminded to unmute themselves when invited by the Chair to address Council.

If participants had activated their camera, please be mindful that they could be seen. 

Participants were asked to show respect to each other and do not talk over someone who was already speaking or interject uninvited. 

Participants were asked to state their name each time before they spoke.

Rules of Debate

If a Member wished to speak they should use the hand/request to speak symbol and this would alert the moderator. The moderator would inform the Chair of the names of the speakers, who should wait to be invited by the Chair to address the Council meeting.

Those wishing to speak would need to be enabled to speak by one of the moderators and would then need to accept the request to speak on their screen.

Members were reminded that the normal procedure rules in respect of debate and times to speak would apply.

No speeches may be made after the mover had moved a proposal and explained the purpose  ...  view the full minutes text for item 81.

There were no apologies for absence.

Audio recording – Session 1 – 12 minutes 52 seconds

There were no apologies for absence.

Climate Emergency

Members are reminded that this Council has declared a Climate Emergency. This is a serious decision and means that, as this is an emergency, all of us, officers and Members have that in mind as we carry out our various roles and tasks for the benefit of our District.

Declarations of Interest

Members are reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chair of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest, wishing to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest, move to the public area before speaking to the item and then must leave the room before the debate and vote.

(1)       Audio Recording

In accordance with Council policy this meeting was being audio recorded as well as filmed. The audio and film recordings would be available to view on Mod.gov and the film recording via the NHDC Youtube channel.

(2)     Climate Emergency

Members were reminded that this Council had declared a Climate Emergency. This was a serious decision and meant that, as this was an emergency, all of us, officers and Members had that in mind as we carried out our various roles and tasks for the benefit of our District.

(3)       Declarations of Interest

Members were reminded to make declarations of interest before an item, the detailed reminder about this and speaking rights was set out under Chair’s Announcements on the agenda.

(4)       Attendance

The Chair advised that there was no public participation. However, members of the public and press could view and hear the meeting remotely regarding the Part 1 session. Members of the public and press would be removed from the meeting by passing the usual resolution under the access to information procedure rules.

(5)       Rules of Debate

The Chair reminded Members that they may only speak once on a motion and once on any amendments.

(6)       Order of Business

The Chair advised that she would be taking the Part 2 Item 6 - Referral from the Employment Committee after the introduction at Item 3. The meeting would then return to Part 1 Item 3 to confirm the decision. Following which Agenda Item 4 Senior Management Report would be considered.

Audio recording – Session 1 – 12 Minutes 58 seconds

(1)       Audio Recording

In accordance with Council policy this meeting was being audio recorded as well as filmed. The audio and film recordings would be available to view on Mod.gov and the film recording via the NHDC Youtube channel.

(2)     Climate Emergency

Members were reminded that this Council had declared a Climate Emergency. This was a serious decision and meant that, as this was an emergency, all of us, officers and Members had that in mind as we carried out our various roles and tasks for the benefit of our District.

(3)       Declarations of Interest

Members were reminded to make declarations of interest before an item, the detailed reminder about this and speaking rights was set out under Chair’s Announcements on the agenda.

(4)       Attendance

The Chair advised that there was no public participation. However, members of the public and press could view and hear the meeting remotely regarding the Part 1 session. Members of the public and press would be removed from the meeting by passing the usual resolution under the access to information procedure rules.

(5)       Rules of Debate

The Chair reminded Members that they may only speak once on a motion and once on any amendments.

(6)       Order of Business

The Chair advised that she would be taking the Part 2 Item 6 - Referral from the Employment Committee after the introduction at Item 3. The meeting would then return to Part 1 Item 3 to confirm the decision. Following which Agenda Item 4 Senior Management Report would be considered.

To consider the referral from the Employment Committee meeting held on 17 March 2020 regarding Senior Management Arrangements.

RESOLVED: That Anthony Roche be appointed to the new Managing Director post, being effective on 18 July 2020.

REASON FOR DECISION: Following the decision by Council on 27th February 2020 it is necessary to consider an appointment to the post of Managing Director.

Audio Recording – Session 1 -  14 minutes 21 seconds

The Leader of the Council introduced the referral from the Employment Committee meeting held on 17 March 2020 regarding Senior Management Arrangements.

Councillor David Levett proposed and Councillor Morgan Derbyshire seconded that:

The meeting be adjourned for up to 3 months to allow all Elected Members to take part in the decision making process and allow more clarity on the Councils position with regard to the current Coronavirus emergency and it’s consequential impact on budget and organisational position.

At this point the meeting moved into Part 2 to consider the motion and Item 6 (Minute 87 refers).

Audio Recording – Session 2 – 40 seconds

Following consideration of Item 6 the meeting returned to Part 1

It was noted that Councillor David Levett had intended to propose a motion but had lost connection to the meeting. He was ale to reconnect to the meeting but declared that he would be unable to take further part in this item as he believed that he had missed part of the debate.

Councillor Judi Billing proposed and Councillor Steve Jarvis seconded the recommendations contained in the Part 1 report.

Councillor Martin Stears-Handscomb proposed and Councillor Steve Jarvis seconded that the recommendations contained in the Part 2 report be confirmed.

Upon the vote it was:

RESOLVED: That Anthony Roche be appointed to the new Managing Director post, being effective on 18 July 2020.

REASON FOR DECISION: Following the decision by Council on 27th February 2020 it is necessary to consider an appointment to the post of Managing Director.

REPORT OF THE LEADER OF THE COUNCIL

To provide Council with an update on the savings that are likely to be achieved from the new senior management arrangements and options to provide resilience in the absence of the Managing Director. To confirm that changes to the Constitution and Financial Regulations will be required to reflect the new arrangements.

RESOLVED:

(1)       That Council agrees to the principle of one of the Service Directors being designated as the deputy to the Managing Director, and that individual will receive additional salary to compensate for the additional responsibility. This will be subject to consultation.

(2)       That Council confirms that the recruitment of a Service Director to be designated as the Deputy for the Managing Director would be made by the Head of Paid Service, in consultation with the Leader of the Council and the future Head of Paid Service.

(3)       That Council notes the forecast savings of around £124k and that this will be reflected in the budget setting process for 2021/22 onwards.

(4)       That Council instructs the Monitoring Officer to make the necessary amendments to the Constitution in respect of the roles of Managing Director and Deputy Managing Director to be reported to Council in July.

(5)       That Council instructs the Chief Finance Officer to make the necessary amendments to the Financial Regulations in respect of the roles of Managing Director and Deputy Managing Director to be reported to Council in July.

(6)       That Council agrees that the salary of the Managing Director is reviewed during 2022/23 to ensure that it competitive against other similar roles, subject to affordability in relation to the Council’s budget position.

REASONS FOR DECISIONS: To provide resilience when the Managing Director is absent. To ensure that the Constitution and Financial Regulations reflect the new senior management structure.

Audio Recording – Session 2 – 12 minutes 55 seconds

The Leader of the Council presented the report entitled Senior Management Report

Councillor Martin Stears-Handscomb proposed and Councillor Steve Jarvis seconded the recommendations contained in the report.

The following Members took part in the debate:

·                Councillor David Levett;

·                Councillor Martin Stears-Handscomb;

·                Councillor Gerald Morris.

In response to questions the Leader of the Council confirmed that Group Leaders would be involved in the consultation discussions. In respect of the salary for the Deputy Managing Director, the amount paid would reflect the amount of time spent undertaking that role. In respect of redundancy payments, this would be paid from reserves and had already been budgeting for.

Upon the vote it was:

RESOLVED:

(1)       That Council agrees to the principle of one of the Service Directors being designated as the deputy to the Managing Director, and that individual will receive additional salary to compensate for the additional responsibility. This will be subject to consultation.

(2)       That Council confirms that the recruitment of a Service Director to be designated as the Deputy for the Managing Director would be made by the Head of Paid Service, in consultation with the Leader of the Council and the future Head of Paid Service.

(3)       That Council notes the forecast savings of around £124k and that this will be reflected in the budget setting process for 2021/22 onwards.

(4)       That Council instructs the Monitoring Officer to make the necessary amendments to the Constitution in respect of the roles of Managing Director and Deputy Managing Director to be reported to Council in July.

(5)       That Council instructs the Chief Finance Officer to make the necessary amendments to the Financial Regulations in respect of the roles of Managing Director and Deputy Managing Director to be reported to Council in July.

(6)       That Council agrees that the salary of the Managing Director is reviewed during 2022/23 to ensure that it competitive against other similar roles, subject to affordability in relation to the Council’s budget position.

REASONS FOR DECISIONS: To provide resilience when the Managing Director is absent. To ensure that the Constitution and Financial Regulations reflect the new senior management structure.

To consider passing the following resolution:

That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the said Act (as amended).

RESOLVED: That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the report will involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the said Act (as amended).

Audio Recording – Session 1 – 18 minutes 18 seconds

RESOLVED: That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the report will involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the said Act (as amended).

To consider the referral from the Employment Committee meeting held on 17 March 2020.

RESOLVED: That Anthony Roche be appointed to the new Managing Director post, being effective on 18 July 2020.

REASON FOR DECISION: Following the decision by Council on 27th February 2020 it is necessary to consider an appointment to the post of Managing Director.

The meeting returned to Part 1 to confirm the decision in public.

This item was not audio recorded due to the confidential nature of the discussions regarding the referral.

This Item was discussed following the introduction of Item 3 (Minute 84 refers), but prior to the decision for that item being made.

The motion proposed by Councillor Levett at Item 3 that the meeting be adjourned for up to 3 months to allow all Elected Members to take part in the decision making process and allow more clarity on the Councils position with regard to the current Coronavirus emergency and it’s consequential impact on budget and organisational position (Minute 84 refers) was debated.

The following Members took part in the debate:

·                Councillor Martin Stears-Handscomb

·                Councillor Gerald Morris

·                Councillor Judi Billing

·                Councillor Kate Aspinwall

·                Councillor Steve Jarvis

·                Councillor Lisa Nash

·                Councillor Terry Hone

·                Councillor Ian Albert

·                Councillor Daniel Allen

Councillor Allen called for a recorded vote on the proposal the result being as follows:

For:

Councillors: Morgan Derbyshire, Jean Green, Simon Harwood, Terry Hone, David Levett and Gerald Morris.

Total: 6

Against:

Councillors: Ian Albert, Daniel Allen, Kate Aspinwall, Judi Billing, Sam Collins, Steve Jarvis, Lisa Nash, Martin Stears-Handscomb and Terry Tyler.

Total: 9

Therefore the motion was lost.

The Leader of the Council presented the Part 2 referral from the Employment Committee.

Councillor Martin Stears-Handscomb proposed and Councillor Judi Billing seconded the recommendations contained in the referral.

Councillor David Levett proposed and Councillor Morgan Derbyshire seconded an amendment.

The following Members took part in the debate:

·                Councillor Martin Stears-Handscomb

·                Councillor Steve Jarvis

·                Councillor Simon Harwood

·                Councillor Judi Billing

·                Councillor Lisa Nash

·                Councillor Gerald Morris

·                Councillor Kate Aspinwall

Following debate and upon the vote the motion was lost.

Upon the vote it was:

RESOLVED: That Anthony Roche be appointed to the new Managing Director post, being effective on 18 July 2020.

REASON FOR DECISION: Following the decision by Council on 27th February 2020 it is necessary to consider an appointment to the post of Managing Director.

The meeting returned to Part 1 to confirm the decision in public (Minute 84 refers).

The Chairman expressed appreciation to officers for the work undertaken to get to enable this virtual meeting to take place. She acknowledged that the amount of work should not be underestimated, particularly in the current circumstances.

Audio recording – Session 2 – 27 Minutes 51 seconds

The Chairman expressed appreciation to officers for the work undertaken to get to enable this virtual meeting to take place. She acknowledged that the amount of work should not be underestimated, particularly in the current circumstances.