Agenda and minutes

To receive any apologies for absence from Members.

The Monitoring Officer, Bournemouth and Poole read out the following apologies which had been received for the meeting:

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests. Declarations received will be reported at the meeting.

Councillor David Flagg, Leader of Christchurch Borough Council made a statement declaring a potential conflict of interest due to the legal challenge issued by Christchurch Borough Council on the proposals for Local Government Reorganisation in Dorset. In making the statement Councillor Flagg indicated that it was accepted that the Structural Change Order was currently in place but if the application for a judicial review goes forward to a full hearing then the Council was likely to seek interim relief.

He explained that because of the impending judicial review, Members were advised that there was a potential conflict of interest should a Christchurch Member be elected to any position on the Shadow Authority. Councillor Flagg acknowledged that there was a statutory duty upon Christchurch Borough Council to co-operate with the Shadow Authority and that Members would ensure that the Council fulfils its legal obligations.

He reported that in accordance with Christchurch Borough Council’s mandate, Members would undertake the necessary actions to protect the interests of the residents of the ancient Borough. He explained that Members would withdraw from the meeting until the judicial review had been dealt with.

The Monitoring Officer, Bournemouth and Poole advised that it was lawful for the Christchurch Borough Council Members to remain and take part in the meeting.

The following Members withdrew from the meeting:

Councillor Janet Abbott

Councillor Colin Bungey

Councillor Lesley Dedman

Councillor Sally Derham Wilkes

Councillor David Flagg

Councillor Nick Geary

Councillor Peter Hall

Councillor Paul Hilliard

Councillor Colin Jamieson

Councillor David Jones

Councillor Denise Jones

Councillor Fred Neale

Councillor Margaret Phipps

There were no other declarations of interest made.

(Note the above Members withdrew at 7.07 pm)

To elect the Shadow Authority Chairman.

DECISION MADE:

That Councillor Ray Nottage be elected Chairman of the Shadow Authority.

In taking the Chair Councillor Nottage thanked Members and in particular for all the work undertaken in reaching this historic day.

To elect the Shadow Authority Vice-Chairman.

Councillors Ann Stribley and David Brown were moved and seconded as nominations for Vice-Chairman of the Shadow Authority.

Members agreed to hear from each nominee prior to voting on the election of the Vice-Chairman. Each Councillor outlined their experience for the role.

DECISION MADE:

That Councillor Ann Stribley be elected Vice-Chairman of the Shadow Authority.

To adopt the Shadow Authority Constitution recommended by the Bournemouth, Christchurch and Poole Joint Committee.

The Shadow Authority considered a report of the Monitoring Officer, Bournemouth and Poole. The report set out the recommendation of the Bournemouth, Christchurch & Poole Joint Committee to the Shadow Authority that it adopt the Constitution at Appendix 1 to the report to be the Constitution of the Shadow

Authority. The Constitution included the relevant Standing Orders, Code of Conduct for Members, and Scheme of Allowances.

DECISION MADE:

That the Constitution attached at Appendix 1 to the report circulated with the agenda be adopted.

To designate the following interim Statutory Officers:

•        Head of Paid Service

•        Monitoring Officer

•        Chief Finance Officer

The Shadow Authority considered a report of the Head of HR, Bournemouth and Poole which set out the recommendations of the Joint Committee regarding designation of interim statutory officers as required by the Structural Change Order.

A Member indicated that he knew nothing about the proposed interim Head of Paid Service and suggested a short presentation be made. A Member explained that the recommendations were from the Joint Committee and the necessary HR processes had been followed.

A Member raised concerns regarding the subsidiary role of returning officer for the Head of the Paid Service and the Data Protection Officer role for the Monitoring Officer. Members were advised that the designation of returning officer was interim pending the recruitment of the Chief Executive.

The Monitoring Officer, Bournemouth and Poole reported that the Shadow Executive Committee was expected to receive a report at its first meeting on senior appointments and it was highly likely that the appointment of the Chief Executive for the new authority would be made before the elections in May 2019. In respect of the designation of the Data Protection Officer this was a holding position pending review.

DECISION MADE:

1.            That the Shadow Authority designates the following officers as interim statutory officers of the Shadow Authority:

Interim Head of Paid Service – Jane Portman

Interim Monitoring Officer – Tanya Coulter

Interim Chief Finance Officer/Section 151 Officer – Adam Richens

2.            That the Shadow Authority designates the interim Head of Paid Service to be the Returning Officer pursuant to Paragraph 13(8) of the Structural Changes Order.

3.            That the Shadow Authority shall designate its main office for the purposes of the legal requirement to do so as the main office of the interim Head of Paid Service.

4.            That the Shadow Authority designates its interim Monitoring Officer to be its Data Protection Officer pursuant to the General Data Protection Regulations.

a.     To approve the political balance of the Shadow Authority.

b.     To confirm the nominations for the Executive Committee, as nominated by Bournemouth, Christchurch and Poole constituent authorities.

c.     To approve the nominations for the following bodies:-

•       Overview and Scrutiny Committee

•       Standards Committee

•       Senior Appointments Committee

The Shadow Authority considered a report asking to approve the political balance and the proposed allocation of seats, confirm the nominations for the Executive Committee as nominated by Bournemouth, Christchurch and Poole constituent authorities and approve the nominations for the Overview and Scrutiny Committee, Standards Committee and Senior Appointments Committee.

The Chairman reported that he would take each of the recommendations set out in the report separately.

A Member commented on the role of the Leader of the Shadow Authority and in his position as an opposition member having an opportunity to hear from candidates on their proposals. It was confirmed that the election of the Chairman of the Shadow Executive Committee who would fulfil the role of Leader of the Council would be undertaken at the Shadow Executive Committee on 15 June 2018.

A Poole Member reported that he would be voting against the recommendation confirming the Shadow Executive Committee Membership. He explained that at the Borough of Poole the proposals had been dealt with through the approval of the outside bodies report and he felt they should have been dealt with by a separate item.

The Monitoring Officer reported on the proportion of the seats, the allocation to political groups and those unallocated seats on the three Committees. She reported on the nominations and Members commented on the vacancies on each body and how these could be dealt with. The Shadow Authority in addition to the nominations from the Groups considered filling the vacancy on the Standards Committee.

DECISION MADE:

1.      That the political balance of the Shadow Authority as set out in the report be approved.

2.      That the allocation of seats for Committees as set out in the report be approved.

3.      That the nominations for the Executive Committee, as nominated by Bournemouth, Christchurch and Poole constituent authorities detailed in paragraph 3 of the report be confirmed.

4.      That the following Members be appointed to the Overview and Scrutiny Committee, Standards Committee and Senior Appointments Committee:

Overview and Scrutiny Committee

Standards Committee

Senior Appointments Committee

Note: Councillors David Brown, Russell Trent, Mark Howell, Marion Le Poidevin, Sandra Moore, Vikki Slade and Andy Hadley wished to be recorded as voting against the decision at 3 above.

To appoint the Chairmen and Vice-Chairmen of the following committees:

•              Overview and Scrutiny Committee

•              Standards Committee

•              Senior Appointments Committee

General Note

Only the Members of each individual committee are entitled to vote in the election for Chairmen and Vice-Chairmen of the respective committees.

The relevant Members of the individual Committees voted on the election of Chairmen and Vice-chairmen as detailed below:

The Chairman and Vice-Chairman of the Overview and Scrutiny Committee reported on their experience in fulfilling their new role.

The Election of the Chairman and Vice-Chairman of the Senior Appointments Committee was deferred to the first meeting of the Committee.

To agree that meetings of the Shadow Authority will take place in the following months:

•              October 2018

•              February 2019

and that the final dates of the meetings be agreed by the Chairman and Vice-Chairman of the Shadow Authority.

To note that meetings of the Shadow Executive Committee will be held on a monthly basis and to agree that the calendar of meetings for this body will be agreed at its first meeting and subsequently published on the Authority’s website.

To note that the calendar of meetings of the other committees will be agreed by the Chairmen and Vice-Chairmen of the respective committees and published on the Authority’s website in due course.

DECISION MADE:

1.      That meetings of the Shadow Authority will take place in the following months:

•        October 2018

•        February 2019

and that the final dates of the meetings be agreed by the Chairman and Vice-Chairman of the Shadow Authority.

2.      That meetings of the Shadow Executive Committee will be held on a monthly basis and that the calendar of meetings for this body will be agreed at its first meeting and subsequently published on the Authority’s website be noted.

3.      That the calendar of meetings of the other committees will be agreed by the Chairmen and Vice-Chairmen of the respective committees and published on the Authority’s website in due course be noted.

The Chairman reported on this historic day and the development of the proposals which were underpinned by value for money principles. He highlighted the need for communication with residents and the support he would provide. He referred to the role of Shadow Executive Committee, the potential level of savings, better services, more growth and enterprise with well-being at the heart of the proposals.