Agenda and minutes

The Cabinet decision on the Reorganisation of the Office of the Chief Executive – (Minute 17) taken by Cabinet on 4^th August 2015 has been requested to be called in by Councillors Caroline Jackson and Phillippa Williamson (Overview and Scrutiny Members) and by Councillors Roger Mace, Dave Brookes and Chris Leadbetter. 

This request was subsequently agreed by the Chief Executive. The decision has been called-in in accordance with Part 4 Section 5, Paragraph 16 of the Council’s Constitution. 

Councillor Eileen Blamire (Leader of the Council), Councillor Janice Hanson (Cabinet Member with responsibility for Economic Regeneration and Planning), Mark Cullinan, Chief Executive and Derek Whiteway, Internal Audit Manager and Deputy Section 151 Officer, have been invited to attend to outline the basis on which the decision was made. 

Included in the agenda: 

·         Call-in Procedure

·         Cabinet minute extract

·         Call-in Notice

·         Report to Cabinet and Appendix

Members were advised that the Cabinet decision in relation to the Reorganisation of the Office of the Chief Executive – Cabinet Minute 17 – had been called-in by the following 5 Members:

Councillors Caroline Jackson, Phillippa Williamson, Roger Mace, Dave Brookes and Chris Leadbetter.

Members were informed that the Call-in had been made on the basis that the decision had not been made in accordance with all the principles set out in Article 13 (Decision Making) of the Constitution, in particular:

(b)        Lack of, or insufficient consultation and the taking of professional advice from              Officers.

(d)        Lack of openness. 

(e)        The aims and desired outcomes of the decision are not clearly expressed. 

(f)        Insufficient information about the options that were considered or the reasons             for arriving at the decision.    

The Chairman outlined the procedure to be followed and invited the Councillors who had made the Call-in request to summarise the reasons for the Call-in. Councillor Mace set out the reasons for the Call-in.

The Chairman invited Councillor Eileen Blamire (Leader of the Council) and Councillor Janice Hanson (Cabinet Member with responsibility for Economic Regeneration and Planning) to explain the reasons for the decision of Cabinet.

The Chairman invited signatories to the Call-in to ask questions and Councillor Hanson, Councillor Blamire and the Chief Executive responded.

The Chairman invited Members of the Overview and Scrutiny Committee to ask questions and Councillor Hanson, Councillor Blamire and the Chief Executive responded.

The meeting adjourned at 6.41pm.

The meeting reconvened at 6.57pm.

It was proposed by Councillor Jackson and seconded by Councillor Cooper :-

“Overview and Scrutiny recommends:

(1)          That Cabinet asks the Chief Executive to make a public report to the Personnel Committee, with an exempt appendix if necessary, on the legal and financial implications of

·         Replacing the Chief Executive

·         Sharing a Chief Executive (as is done by 80 local authorities)

·         Operating without a Chief Executive and making alternative arrangements for the Head of Paid Service

(2)          That the ad hoc committee set out in the Officer Employment Procedure Rules (Part 4, Section 6, Paragraph 3) in the Constitution considers the issues set out in (1) above.

(3)          That Cabinet’s decision to defer be re-expressed in terms of a deferral until after this report has been presented to the ad-hoc committee.”

Upon being put to the vote 4 Members voted in favour of the proposal and 4 abstained, whereupon the Chairman declared the proposition carried.

Resolved :-

Overview and Scrutiny recommends:

(1)          That Cabinet asks the Chief Executive to make a public report to the Personnel Committee, with an exempt appendix if necessary, on the legal and financial implications of

·         Replacing the Chief Executive

·         Sharing a Chief Executive (as is done by 80 local authorities)

·         Operating without a Chief Executive and making alternative arrangements for the Head of Paid Service

(2)          That the ad hoc committee set out in the Officer Employment Procedure Rules (Part 4, Section 6, Paragraph 3) in the Constitution considers the issues set out in  ...  view the full minutes text for item 16.