Agenda and minutes

Corporate, Resource Management & Governance Scrutiny Committee - Tuesday, 28th February, 2017 6.00 pm

Venue: Committee Room 2 - Town Hall

Contact: Craig Ainsworth  (0161 474 3204)

Media

Items
No. Item

1.

Minutes pdf icon PDF 67 KB

To approve as a correct record and sign the Minutes of the meeting held on 24 January 2017.

Additional documents:

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 24 January 2017 were approved as a correct record and signed by the Chair.

2.

Declarations of Interest

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

Additional documents:

Minutes:

Councillors and officers were invited to declare any interests they had in any of the items on the agenda for the meeting.

 

No declarations were made.

3.

Call-In

To consider call-in items (if any).

Additional documents:

Minutes:

There were no call-in items to consider.

4.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public to exclude the public during consideration of the following agenda items which contain information “not for publication” and to consider any representations received to the notice of the intention to consider exempt information at this meeting.

 

Item

Title

Reason

 

 

 

7

Award of MDD Prefabricated Buildings Framework Contract

Category 3 ‘Information relating to the financial or business affairs of any particular person (including the authority)’ as set out in Schedule 12A of the Local Government Act 1972 (as amended)

 

Additional documents:

Minutes:

RESOLVED – That in order to prevent the disclosure of information which was not for publication, the disclosure of which would not be in the public interest, would not be fair and would be in breach of Data Protection principles, the public be excluded from the meeting during consideration of the ‘not for publication’ appendix to the following agenda item in the event that the content of this appendix needed to be discussed:-

 

Item

Title

Reason

 

 

 

7

Award of MDD Prefabricated Buildings Framework Contract

Category 3 ‘Information relating to the financial or business affairs of any particular person (including the authority)’ as set out in Schedule 12A of the Local Government Act 1972 (as amended)

 

5.

Corporate Performance and Resources - Final Update Reports 2016/17 pdf icon PDF 74 KB

To consider a report of the Deputy Chief Executive.

 

The Final Update Corporate Performance and Resource Report (CPRR) provides an update on progress in delivering the Council’s priority outcomes and budget during the third quarter of the year.

 

Updates are included on delivery of policy priorities, alongside Reform Project updates. The report also includes forecast budget and performance data where this is available, along with an update on the Corporate Risk Register. It is supported by seven Portfolio Performance and Resource Reports which were considered by the most recent Scrutiny cycle.

 

The Leader’s Report outlines the Executive’s budget proposals and highlights how the Council is delivering on its priorities. It also includes key developments and decisions at Greater Manchester level.

 

The Executive at its meeting on 10 February 2017 agreed:

 

·         progress against delivering the Council Plan outcomes and capital schemes alongside budget and performance forecasts contained within the report be noted;

 

·         the virements to the Revenue Budget set out in section 2.2.2 of the report be approved;

 

·         the cash limit and non-cash limit forecast positions for 2016/17 as set out in 2.5 and 2.6 of the report be noted;

 

·         the position on the 2016/17 budget savings programme set out in 2.4 of the report be noted;

 

·         the Retained Schools Budget and Housing Revenue Account forecast positions as set out in 2.7 and 2.8 of the report be noted;

 

·         the contributions to/from earmarked reserves and balances as set out in 2.9 of the report be approved and the forecast reserves and balances position be noted;

 

·         the forecast position for the 2016/17 Capital Programme as set out in 3.1 of the report be noted;

 

·         the changes to the Capital Programme as set out in 3.1.6 of the report be approved;

 

·         the use of reserves to fund the programme of replacement of car parking pay and display machines as set out in 3.2.3 of the report be approved;

 

·         the proposals for resourcing the Capital Programme as set out in 3.3 of the report be approved; and

 

·         the treasury review and activity during the third quarter as set out in section 4 of the report be noted.

 

The Scrutiny Committee is invited to comment on the report.

 

Officer contact: Christine Buxton/ Peter Owston, 0161 474 4124/ 3274, Christine.buxton@stockport.gov.uk / peter.owston@stockport.gov.uk

Additional documents:

Minutes:

The Deputy Chief Executive submitted a report (copies of which had been circulated).

 

The Final Update Corporate Performance and Resource Report (CPRR) provided an update on progress in delivering the Council’s priority outcomes and budget during the third quarter of the year.

 

Updates were included on delivery of policy priorities, alongside Reform Project updates. The report also included forecast budget and performance data where this is available, along with an update on the Corporate Risk Register. It was supported by seven Portfolio Performance and Resource Reports which were considered by the most recent Scrutiny cycle.

 

The Leader’s Report outlined the Executive’s budget proposals and highlights how the Council is delivering on its priorities. It also included key developments and decisions at Greater Manchester level.

 

It was reported that the Executive at its meeting on 10 February 2017 agreed that:

 

·         progress against delivering the Council Plan outcomes and capital schemes alongside budget and performance forecasts contained within the report be noted;

 

·         the virements to the Revenue Budget set out in section 2.2.2 of the report be approved;

 

·         the cash limit and non-cash limit forecast positions for 2016/17 as set out in 2.5 and 2.6 of the report be noted;

 

·         the position on the 2016/17 budget savings programme set out in 2.4 of the report be noted;

 

·         the Retained Schools Budget and Housing Revenue Account forecast positions as set out in 2.7 and 2.8 of the report be noted;

 

·         the contributions to/from earmarked reserves and balances as set out in 2.9 of the report be approved and the forecast reserves and balances position be noted;

 

·         the forecast position for the 2016/17 Capital Programme as set out in 3.1 of the report be noted;

 

·         the changes to the Capital Programme as set out in 3.1.6 of the report be approved;

 

·         the use of reserves to fund the programme of replacement of car parking pay and display machines as set out in 3.2.3 of the report be approved;

 

·         the proposals for resourcing the Capital Programme as set out in 3.3 of the report be approved; and

 

·         the treasury review and activity during the third quarter as set out in section 4 of the report be noted.

 

The Leader of the Council (Councillor Alexander Ganotis) attended the meeting to answer members’ questions.

 

The following comments were made/ issues raised:

 

·         Information was requested in relation to the failures during the last 12 months to protect the Council’s information assets including personal and sensitive data and other confidential data referred to in the report.

 

·         Further information was requested in relation to the replacement programme of the Borough’s car parking pay and display machines.

 

RESOLVED – (1) That the reports be noted.

 

(2) That information relating to the breaches regarding failures to protect the Council’s information assets including personal and sensitive data and other confidential data be circulated to members of this Scrutiny Committee.

 

(3) That Further information be provided to members of this Scrutiny Committee in relation to the replacement programme of the Borough’s car parking pay and display machines.

 

 

6.

Asset Management Plan Capital Programme 2017/18 - 2021/22 pdf icon PDF 79 KB

To consider a report of the Deputy Chief Executive.

 

The purpose of this report is to invite the Scrutiny Committee to comment upon the Asset Management Plan (AMP) capital programme to be submitted to the Executive meeting on 14 March 2017.

 

The AMP provides progress year to date for 2016/17, taking account of works removed and added in place.  Furthermore, it seeks approval for an indicative programme of work for inclusion in the 2017/18 financial year and approval of an extended five year programme of works incorporating identified maintenance requirements from recent condition surveys and other intelligence data available.

 

The Scrutiny Committee is asked to provide comments on the recommendations that will be submitted to the Executive for approval at its meeting on 14 March 2017, namely:

 

·         Approve the implementation of the updated Asset Management Plan Capital programme for 2017/18 and the financing thereof, and the Indicative AMP programme for 2018/19 to 2020/21, as set out in the report;

 

·         Approve the application of corporate resources to fund the AMP programme 2017/2018 to 2020/2021; with the application of funding types (capital receipts and borrowing) being delegated to the Deputy Chief Executive in conjunction with the Estates Strategy Group (ESG);

 

·         Note that the Executive and this Scrutiny Committee receives annual update reports on progress

 

Officer contact Paul Edgeworth   on Tel: 0161 218 1934 or by email on paul.edgeworth@stockport.gov.uk

Additional documents:

Minutes:

The Deputy Chief Executive submitted a report (copies of which had been circulated) inviting the Scrutiny Committee to comment upon the Asset Management Plan (AMP) capital programme to be submitted to the Executive for approval at its meeting on 14 March 2017.

 

The AMP provided progress year to date for 2016/17, taking account of works removed and added in place.  Furthermore, it sought approval for an indicative programme of work for inclusion in the 2017/18 financial year and approval of an extended five year programme of works incorporating identified maintenance requirements from recent condition surveys and other intelligence data available.

 

The Scrutiny Committee was invited to comment on the recommendations to be considered by the Executive on 14 March 2017, namely:

 

·         Approve the implementation of the updated Asset Management Plan Capital programme for 2017/18 and the financing thereof, and the Indicative AMP programme for 2018/19 to 2020/21, as set out in the report;

 

·         Approve the application of corporate resources to fund the AMP programme 2017/2018 to 2020/2021; with the application of funding types (capital receipts and borrowing) being delegated to the Deputy Chief Executive in conjunction with the Estates Strategy Group (ESG);

 

·         Note that the Executive and this Scrutiny Committee receives annual update reports on progress

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

The following comments were made/ issues raised:

 

·         Information was requested in relation to the scheme at Life Leisure Grand Central at a cost of £2.817m and the projected income generation as a result of the new facilities.

 

·         That although it was helpful to have a five year AMP programme, the forecast figures were indicative only although it was acknowledged that through the conditions surveys now being undertaken, it would be possible to better prioritise works and provide more accurate costings.

 

RESOLVED – (1) That the Executive be recommended to approve the recommendations in the report.

 

(2) That further information be provided to members of this Scrutiny Committee in relation to the scheme at Life Leisure Grand Central and the projected income generation as a result of the new facilities.

 

7.

Award of MDD Prefabricated Buildings Framework Contract pdf icon PDF 78 KB

To consider a report of the Deputy Chief Executive.

 

The purpose of this report is to invite the Scrutiny Committee to comment upon the proposal to appoint a framework of suppliers to deliver prefabricated buildings projects, which will be submitted to the Executive for approval at their meeting on 14 March 2017.

 

The framework of suppliers will be to deliver both Multi-Disciplinary Design (MDD) and single discipline projects on behalf of Stockport Council in relation to prefabricated buildings.

 

The Scrutiny Committee is invited to provide comments on the recommendations that will be submitted to the Executive for approval at its meeting on 14 March 2017, namely:

 

·         Awarding of a two year contract (plus two optional one year extensions) to the eight suppliers identified in this report for the provision of both Multi-Disciplinary Design (MDD) and single discipline projects on behalf of Stockport Council in relation to prefabricated buildings;

 

·         Should any of the proposed eight suppliers fail to enter into a contract with the Council, it is recommended to award to the next highest bidder in sequence attaining the minimum quality score threshold as identified at 5.4 of the report;

 

·         Authority be delegated to the Borough Treasurer to finalise and agree the frameworks following consultation with Executive Councillor (Reform & Governance);

 

·         Authority be delegated to the Deputy Chief Executive or Borough Treasurer in consultation with the Executive Councillor (Reform & Governance) of subsequent call-off contracts under the frameworks;

 

Officer contact Paul Edgeworth   on Tel: 0161 218 1934 or by email on paul.edgeworth@stockport.gov.uk

Additional documents:

Minutes:

 

The Deputy Chief Executive submitted a report (copies of which had been circulated) inviting the Scrutiny Committee to comment upon the proposal to appoint a framework of suppliers to deliver prefabricated buildings projects, which would be submitted to the Executive for approval at its meeting on 14 March 2017.

 

The framework of suppliers would be to deliver both Multi-Disciplinary Design (MDD) and single discipline projects on behalf of Stockport Council in relation to prefabricated buildings.

 

The Scrutiny Committee was invited to comment on the recommendations to be considered by the Executive on 14 March 2017, namely:

 

·         Awarding of a two year contract (plus two optional one year extensions) to the eight suppliers identified in this report for the provision of both Multi-Disciplinary Design (MDD) and single discipline projects on behalf of Stockport Council in relation to prefabricated buildings;

 

·         Should any of the proposed eight suppliers fail to enter into a contract with the Council, it is recommended to award to the next highest bidder in sequence attaining the minimum quality score threshold as identified at 5.4 of the report;

 

·         Authority be delegated to the Borough Treasurer to finalise and agree the frameworks following consultation with Executive Councillor (Reform & Governance);

 

·         Authority be delegated to the Deputy Chief Executive or Borough Treasurer in consultation with the Executive Councillor (Reform & Governance) of subsequent call-off contracts under the frameworks.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – That the Executive be recommended to approve the recommendations in the report.

8.

Revised Armed Forces Covenant 2017 pdf icon PDF 81 KB

To consider a report of the Deputy Chief Executive.

 

The Council signed our first Armed Forces Covenant in July 2013 and the document is now due for review.  The purpose of this paper is to present the revised Armed Forces Community Covenant 2017 and confirm the next steps for approval.

 

The Scrutiny Committee is asked to comment on the revised Armed Forces Community Covenant 2017 prior to onward transmission to Executive.

 

Officer contacts: Nayuri Patel (0161 474 3167), Nayuri.patel@stockport.gov.uk and Sue Williams (0161 474 2175) Sue.williams@stockport.gov.uk

Additional documents:

Minutes:

The Deputy Chief Executive submitted a report (copies of which had been circulated) reminding the Scrutiny Committee that the Council signed the first Armed Forces Covenant in July 2013 and the document was now due for review.  The purpose of the report was to present the revised Armed Forces Community Covenant 2017 and confirm the next steps for approval.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – That the Armed Forces Community Covenant 2017 be noted.

 

9.

Local Code of Governance Report pdf icon PDF 245 KB

To consider a report of the Monitoring Officer.

 

The attached Local Code of Governance 2017/18 sets out the proposed new governance framework to be implemented from April 2017.  This links into the production of the Annual Governance Statement that the Council must prepare and report each year.

 

The Code follows guidance produced by Cipfa “Delivering Good Governance – The New Framework” – 2016 which makes it clear that the links between governance and public financial management are crucially important.

 

In particular, the guidance highlights the increasing focus on sustainability. The guidance provides that the outcomes of Council activity should be defined (and therefore monitored) in terms of social, economic and environmental benefit.

 

To achieve good governance, the Council must be able to demonstrate that it has governance structures in place that comply with the updated seven (previously six) core and sub principles contained in this Framework.  The Council has therefore developed and will maintain a local code of governance/governance arrangements reflecting the new principles set out.  Whatever form of arrangement is in place, the Council will need to test their governance structures and partnerships against the Framework’s principles.

 

The Council will be required to prepare a governance statement in order to report publicly on the extent to which they comply with their own code of governance on an annual basis, including how they have monitored and evaluated the effectiveness of their governance arrangements in the year, and on any planned changes in the coming period. The process of preparing the governance statement should itself add value to the effectiveness of the governance and internal control framework.

 

The Scrutiny Committee is invited to comment on the proposed new governance framework to be implemented from April 2017.

Additional documents:

Minutes:

The Monitoring Officer submitted the Draft Local Code of Governance 2017/18 (copies of which had been circulated) setting out the proposed new governance framework to be implemented from April 2017.

 

The Code followed guidance produced by Cipfa “Delivering Good Governance – The New Framework” – 2016 which made it clear that the links between governance and public financial management are crucially important.

 

In particular, the guidance highlighted the increasing focus on sustainability. The guidance provided that the outcomes of Council activity should be defined (and therefore monitored) in terms of social, economic and environmental benefit.

 

To achieve good governance, the Council should be able to demonstrate that it had governance structures in place that comply with the updated seven (previously six) core and sub principles contained in this Framework.  The Council had therefore developed and would maintain a local code of governance/governance arrangements reflecting the new principles set out.  Whatever form of arrangement was in place, the Council would need to test the governance structures and partnerships against the Framework’s principles.

 

The Council was required to prepare a governance statement in order to report publicly on the extent to which they comply with their own code of governance on an annual basis, including how they had monitored and evaluated the effectiveness of its governance arrangements in the year, and on any planned changes in the coming period. The process of preparing the governance statement should itself add value to the effectiveness of the governance and internal control framework.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – That the Draft Local Code of Governance 2017/18 be noted.

 

10.

Democratic and Constitutional Review pdf icon PDF 74 KB

To consider a report of the Monitoring Officer

 

The report sets out the items to be considered at this meeting of the Scrutiny Committee.

 

The Scrutiny Committee is requested to note the report.

 

Officer contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) summarising the reports included on the agenda for this meeting of in relation to the current Democratic and Constitutional Review.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – (1) That the report be noted.

 

(2) That those matters that the Constitution Working Party have requested further information on, need not be further considered by this Scrutiny Committee following the next meeting of the Constitution Working Party prior to submission to the Council Meeting.

 

(3) That the work undertaken by the Monitoring Officer and Democratic Services in relation to the current Democratic and Constitutional Review be acknowledged.

11.

CONSTITUTIONAL REVIEW - AREA COMMITTEES pdf icon PDF 150 KB

To consider a report of the Monitoring Officer

 

The Labour Group has suggested that proposals be developed to ensure (i) the work of Area Committees better reflects the changing and increasing role of Councillors and, in particular, moves towards place-based working and (ii) that all Area Committees have similar powers, including responsibility for town centre planning returning to the Central Stockport Area Committee.

 

The Liberal Democrat Group has asked for a review of the Area Committee boundaries, in particular (but not limited to) revisiting the split of Cheadle Hulme across two Area Committees.

 

In addition, the Monitoring Officer has reviewed the existing Area Committee Functions and Schedule 1 to the report sets out some suggested amendments to the duties and responsibilities which better reflect the current position.

 

The Scrutiny Committee is invited to comment on the proposed revised delegation to Area Committees set out at Appendix 1 and proposals contained in this report.

 

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) setting out a series of constitutional issues as they affected the current role and composition of the Council’s Area Committees.

 

It was reported that the Constitution Working Party at its meeting on 8 February 2017 had:

 

·         supported the proposals relating to Planning including the abolition of the Town Centre, as set out in paragraph 3.1 of the report, and Strategic Planning Applications, as set out in paragraph 3.2 of the report,

 

·         with regard to the issues affecting Area Committee boundaries, as set out in paragraph 3.3 of the report requested that a report be submitted to the next meetings of the Bramhall & Cheadle Hulme South Area Committee and the Cheadle Area Committee.

 

·         recommended that the term ‘Area Flexibility Budget’ be renamed ‘Ward Flexibility Budget’ and that the proposal to delegate the budget to the Area Committees rather than by making a recommendation to the Democratic Services Manager, as set out I n paragraph 3.4 of the report, be supported.

 

·         supported he following proposals:

 

·         those relating to ward and joint committee, as set out in paragraph 3.5 of the report.

 

·         those relating to Charitable Land as set out in paragraph 3.6 of the report and Appendix 3.

 

·         those relating to Commuted Sums, as set out in paragraph 3.7 of the reported.

 

·         the miscellaneous Drafting Matters, as set out in paragraph 4.2, with the exception of those relating to property matters

 

·         the revised delegations to Area Committees, as set out in Appendix 1 to the report, be supported, but that the issue be reconsidered in twelve months’ time particularly in relation to the affect of Greater Manchester devolution on local communities.

 

It was reported that the Planning and Highways Regulation Committee had considered the report at its meeting held on 16 February and recommended that the Town Centre Committee be abolished.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

The following comments were made/ issues raised:

 

·         Members of the Scrutiny Committee made comments in relation to the merits of having the Cheadle Hulme North and Cheadle Hulme South Wards in the same Area Committee.

 

·         It was noted that the issues affecting Area Committee boundaries, as set out in paragraph 3.3 of the report would be considered at the next meetings of the Bramhall & Cheadle Hulme South Area Committee and the Cheadle Area Committee.

 

·         A member suggested that there was merit in having a committee for the town centre.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

12.

Greater Manchester Combined Authority Scrutiny decision making pdf icon PDF 87 KB

To consider a report of the Monitoring Officer.

 

This report describes the emerging proposals for Greater Manchester Combined Authority (GMCA) decision making and invited members to consider proposals for the advance consideration of certain GMCA decisions by the Council.

 

The Working Party is recommended to note the proposed scrutiny and decision making arrangements of the GMCA and comment on the proposed broader remit of the Scrutiny Coordination Committee in the light of the recommendation of the Constitution Working Party.

 

Officer contact Celia Tierney on Tel: 0161 474 3230 or by email on celia.tierney@stockport.gov.uk

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) describing the emerging proposals for Greater Manchester Combined Authority (GMCA) decision making and invited Members to consider proposals for the advance consideration of certain GMCA decisions by the Council.

 

It was reported that the Constitution Working Party at its meeting held on 8 February 2017 had agreed that the Monitoring Officer be requested to agree a protocol for scrutiny of the Greater Manchester Combined Authority with the Monitoring Officer for the Combined Authority and that following this agreement a further report be submitted to the Constitution Working Party with options as to how the scrutiny would take place within the structure of scrutiny committees at this Council. The Constitution Working Party had recommended that the remit of the Scrutiny Co-ordination Committee be not broadened and that it retains its current terms of reference.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

The following comments were made/ issues raised:

 

·         The remit of the Scrutiny Co-ordination Committee be not broadened to include the scrutiny of GMCA and that it should retain its current terms of reference.

 

·         There was a need to build into Stockport’s Scrutiny arrangements the ability to better scrutinise reports prior to decisions being taken by GMCA by a single Scrutiny Committee.

 

·         The current GMCA Scrutiny Pool was too large and primarily undertook post scrutiny.

 

·         The GMCA Scrutiny Pool should meet in the evening.

 

·         The Scrutiny model in Stockport should be adopted by the GMCA with a focus on pre decision making scrutiny.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

13.

Draft Review of Stockport Council's Scrutiny Arrangements pdf icon PDF 102 KB

To consider a report of the Monitoring Officer.

 

This report outlines proposed changes required to the Constitution in relation to the Scrutiny Function.

 

The Scrutiny Committee is requested to consider the proposed changes set out in the report in the light of the comments of the Scrutiny Co-ordination Committee and the Constitution Working Party.

 

Officer Contact: Craig Ainsworth on 0161 474 3204 or by email on craig.ainsworth@stockport.gov.uk

Additional documents:

Minutes:

The Statutory Scrutiny Officer submitted a report (copies of which had been circulated) outlining proposed changes required to the Constitution in relation to the Scrutiny Function.

 

It was reported that at the meeting of the Constitution Working Party held on 8 February 2017 had agreed that the proposal to broaden the remit of the Scrutiny Co-ordination Committee be not supported and the Scrutiny Co-ordination Committee retains its original purpose as a co-ordinating committee not a scrutiny committee but supported the remaining proposed changes set out in the report.

 

The report had also been considered by the Scrutiny Co-ordination Committee at its meeting held on 6 February 2017.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

14.

Constitutional Review – Individual Member Functions pdf icon PDF 64 KB

To consider a report of the Monitoring Officer

 

The report sets out proposed changes to the delegations to individual Members.

 

The Scrutiny Committee is requested to comment on and note the proposed changes and of the Monitoring Officer’s intention to seek the Leader’s approval in time for inclusion in the revised Constitution to be approved at the Annual Council Meeting.

 

Officer Contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) setting out proposed changes to the delegations to individual Members

 

It was reported that the Constitution Working Party at its meeting held on 8 February 2017 had supported the proposed changes and the Monitoring Officer’s intention to seek the Leader’s approval to the revisions in time for inclusion in the Constitution for 2017/18.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

15.

Review of the appointment of Council Champions pdf icon PDF 84 KB

To consider a report of the Monitoring Officer

 

The report reviews the appointment of Council Champions for the 2017/18 Municipal Year.

 

The Scrutiny Committee is requested to consider:

 

           The proposed process for appointing ‘Champions’ as set out in section 3 above.

           The proposed ‘Protocol on Member Champions’ as set out in Appendix 1

           The proposed ‘Role of Member Champions’ as set out in Appendix 2

 

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

 

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) reviewing the appointment of Council Champions for the 2017/18 Municipal Year.

 

The report (i) proposed process for appointing ‘Champions’ as set out in section 3 of the report, (ii) proposed a ‘Protocol on Member Champions’ as set out in Appendix 1and (iii) proposed ‘Role of Member Champions’ as set out in Appendix 2 of the report.

 

It was reported that the Constitution Working Party held on 8 February 2017, had supported the proposals in the report, subject to:-

 

·         Executive Councillors not being appointed as Council Champions if the subject area falls within their portfolio.

 

·         the promotion of Council Champions on the Council’s website.

 

·         the Leader of the Council being authorised to agree any additional Council Champions during the course of a Municipal Year.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

The following comments were made/ issues raised:

 

·         The roles of ‘Council Champion for Armed Forces (Community Covenant) and Armed Forces Veterans could be combined and consideration should be given to this being a Councillor rather than an officer.

 

·         There seemed to be no rationale for linking LGBT and Equality together under the same Council Champion or for having two champions for the same issue.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

16.

Review of Appointments to Outside Bodies pdf icon PDF 62 KB

To consider a report of the Monitoring Officer

 

The report considers the current process for the nomination of councillors and officers to outside bodies and the bodies which are currently being nominated to.

 

The Scrutiny Committee is requested to comment on the schedule attached to the report.

 

Officer Contact: Jonathan Vali on 0161 474 3201 or email: jonathan.vali@stockport.gov.uk

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) considering the current process for the nomination of councillors and officers to outside bodies and the bodies which are currently being nominated to.

 

It was reported that the Constitution Working Party at its meeting held on 8 February 2017 had supported the proposals, subject to the Democratic Services Manger being requested to prepare a template for each Member who is appointed to an outside body to complete at the end of the Municipal Year in order to provide feedback on their work undertaken whilst serving the outside body.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

17.

Constitutional Review – General review of the Constitution pdf icon PDF 88 KB

To consider a report of the Monitoring Officer

 

The report examines the Constitution as a whole with a view to:-

 

·         ensuring consistency between the various parts of the Constitution

·         reducing the size of the Constitution while ensuring that it meets legal requirements

·         improving the quality of the drafting so that it is clear and comprehensible

·         creating a companion guide to the Constitution that can quickly and easily be amended to assist elected Members and staff to understand the Council’s Constitution.

 

The Scrutiny Committee is invited to comment on the proposed changes set out in the report in the light of the comments of the Constitution Working Party referred to in paragraph 1.6 of the report.

 

Officer Contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

 

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) reviewing the Constitution as a whole with a view to:-

 

·         ensuring consistency between the various parts of the Constitution

·         reducing the size of the Constitution while ensuring that it meets legal requirements

·         improving the quality of the drafting so that it is clear and comprehensible

·         creating a companion guide to the Constitution that can quickly and easily be amended to assist elected Members and staff to understand the Council’s Constitution.

 

It was reported that the Constitution Working Party at its meeting held on 8 February 2017 had recommended that:-

 

·         none of the proposed changes to the Constitution being implemented prior to the proposed companion document to the Constitution being prepared for consideration by the Working Party, particular the process for dealing with land transactions would operate.

 

·         from the start of the 2017/18 Municipal Year the ‘Executive’ should be known as the ‘Cabinet’.

 

·         that any individual delegations agreed by the Executive Meeting would override the general delegations in the Constitution.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

18.

Constitutional Review - Code of Conduct for Councillors and Officers Dealing with Planning and Development Matters pdf icon PDF 58 KB

To consider a report of the Monitoring Officer.

 

The report details proposed amendments to the Council’s Constitution, specifically, that CP9, CP10 and CP 11 should be merged into a single document covering all elements of Council conduct which relate to planning matters.  It is considered that this approach would increase the likelihood of both Councillors and member of the public finding the information about conduct relating to Planning.

 

The Scrutiny Committee is requested to comment on the report.

 

Officer contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) detailing proposed amendments to the Council’s Constitution, specifically that CP9, CP10 and CP11 should be merged into a single document covering all elements of Council conduct which relate to planning matters, making the information more easily accessible.

 

It was reported that the Planning and Highways Regulation Committee had considered the report at its meeting held on 12 January 2017 and supported the proposed amendments.

 

It was reported that the Constitution Working Party at its meeting held on 8 February had expressed concern about paragraph 11.7 of the Code of Conduct and its interpretation of Section 25(2) of the Localism Act 2011 and having an ‘open’ or ‘closed’ mind and a ‘settled mind’ on a particular development application. Members requested to comment on an amended version of the Code of the Conduct prior to its approval by the Council Meeting.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

The following comments were made/ issues raised:

 

·         The Scrutiny Committee echoed the concerns expressed by the Constitution Working Party regarding paragraph 11.7 of the Code of Conduct and its interpretation of Section 25(2) of the Localism Act 2011 and having an ‘open’ or ‘closed’ mind and a ‘settled mind’ on a particular development application. It was suggested that very clear guidance should be given to Councillors regarding Predetermination.

 

RESOLVED – That the recommendations of the Constitution Working Party be supported.

19.

Constitutional Review – Financial Procedure Rules pdf icon PDF 75 KB

To consider a report of the Monitoring Officer

 

The report sets out the proposed updates to the Financial Procedure Rules as a result of a review undertaken during autumn 2016.

 

The Scrutiny Committee is requested to recommend that the revisions be recommended for adoption by the Council Meeting as part of the Council’s Constitution.

 

Officer Contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

Additional documents:

Minutes:

The Monitoring Officer submitted a report (copies of which had been circulated) setting out proposed updates to the Financial Procedure Rules as a result of the review undertaken during autumn 2016.

 

It was reported that the Constitution Working Party at its meeting held on 8 February 2017 had recommended that the proposed changes to the Financial Procedure Rules be adopted by the Council Meeting as part of the Council’s Constitution.

 

The Executive Councillor for Reform & Governance (Councillor David Sedgwick) attended the meeting to answer members’ questions.

 

The following comments were made/ issues raised:

 

·         The Scrutiny welcomed the approach being adopted in relation to Purchasing Orders.

 

RESOLVED – (1) That the recommendations of the Constitution Working Party be supported.

 

(2) That details of the exemptions in relation to the requirement to obtain a purchase order be circulated to members of this Scrutiny Committee.

20.

Agenda Planning pdf icon PDF 66 KB

To consider a report of the Democratic Services Manager.               

 

The report sets out planned agenda items for future meetings of the Committee and Forward Plan items that fall within its remit.

 

The Scrutiny Committee is invited to consider the information in the report and put forward any agenda items for future meetings.

 

Officer contact: Craig Ainsworth, Democratic Services Manager, telephone number 474 3204, email: craig.ainsworth@stockport.gov.uk

Additional documents:

Minutes:

The Democratic Services Manager submitted a report (copies of which had been circulated) setting out the planned items for the Scrutiny Committee’s next meeting and Forward Plan items which fell within the remit of the Scrutiny Committee.

 

RESOLVED – That the report be noted.