Agenda and minutes

Apologies for absence were received from Councillors Keith Budden, John Gilbert and Paul Woodruff.

To receive as a correct record the Minutes of the Meeting of the City Council held on 18^th April 2007 (previously published). 

The minutes of the meeting held on 18^th April 2007 were signed by the Mayor as a correct record.

No declarations of interest were made at this stage.

To receive any announcements which may be submitted by the Mayor or Chief Executive.

The Mayor referred to the success of Morecambe Football Club the previous day at Wembley when they had achieved promotion to the football league and advised that arrangements had been made for the team to undertake an open top bus tour through Morecambe on Friday 25^th May.  She invited Members to join her on the steps of the Town hall to congratulate the team. 

Council applauded the success of the Team.

To consider the report of the Returning Officer setting out the results of the City Council elections held on 3^rd May 2007.

Council noted the report of the Returning Officer setting out the results of the City Council Elections held on 3^rd May 2007.

To receive the report of the Chief Executive setting out the seniority of Members of the City Council.

The Chief Executive submitted a report which set out the Seniority of Members on the City Council, following the draw made by the Mayor on 8^th May 2007.  Council noted the report.

To receive the report of the Chief Executive setting out the Political Groups constituted in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990.

Members noted the report of the Chief Executive setting out the Political Groups constituted in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990.

To consider the report of the Chief Executive.

The Chief Executive presented a report which set out the calculation in accordance with the provisions of Section 15 of the Local Government and Housing Act 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations 1990, which had been carried out following the protocol previously agreed by Council.

The recommendations set out in the report, including the grouping of committees and the confirmation of the constitution of those committees not required to be subject to political balance regulations, was moved by Councillor Knight and seconded by Councillor Burns.

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:-

(1)     That the constitution of the following Committees which are not required to be subject to the political balance requirements of the Local Government and Housing Act 1989 be confirmed as currently established:

·               Standards Committee

·               Licensing Act Committee

(2)         That in undertaking the PR calculations on the Council’s Cabinet and Committees the Council’s agreed protocol be confirmed, utilising the following groupings:

·               Cabinet (if PR agreed) (10)

·               Overview and Scrutiny (2 x 9)

·               Regulatory and timetabled Committees of Council (1 x 20 (Planning), 1 x 15 (Licensing Act) and 3 x 7 (Personnel, Audit and Licensing Regulatory)

·                 Remaining Standing and Joint Committees to be calculated separately and individually.

(3)     That pursuant to Section 15 of the Local Government and Housing Act, 1989, the City Council allocates the seats on Overview & Scrutiny, Regulatory, Standing and Joint Committees in accordance with the calculations set out in the report.

(4)     That should Council establish a Cabinet on a PR basis the seats be allocated in accordance with the calculations set out in the report.

(5)     That Council notes that the allocation of seats referred to in (3) and (4) above is subject to review from time to time in accordance with Section 15 of the Local Government and Housing Act, 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations, 1990.

To consider whether or not the Cabinet should be established on a proportional representation (PR) basis for the ensuing year.

Council were advised that it was necessary to determine the basis on which the Cabinet should be established for the forthcoming year.

It was moved by Councillor Coates and seconded by Councillor Maia Whitelegg:

"That Cabinet for the coming year be formed on the basis of PR."

On being put to the vote the Mayor declared the proposition clearly carried. 

Resolved:

That the Cabinet for the coming year be formed on the basis of PR.  

To receive nominations and elect the Leader of the Cabinet/Leader of the Council in accordance with the provisions of Article 7.03 set out below:

“The Leader will be a Councillor annually elected to the position of Leader by simple majority of the Council.  In the event that only one nomination is put forward a vote will still be taken.”

The Mayor requested any nominations for Election to the post of Leader of the Cabinet/Leader of the Council for 2007/08 in accordance with Article 7.03.

Councillor Evelyn Archer was nominated by Councillor Knight and seconded by Councillor Burns.

Councillor Roger Mace was nominated by Councillor Thomas and seconded by Councillor Rogerson.

Councillor Jon Barry was nominated by Councillor Coates and seconded by Councillor Chapman.

A recorded vote was then requested in accordance with Council Procedure Rule 16.4.  The votes were recorded as follows:-

For Councillor Evelyn Archer

Councillors Evelyn Archer, June Ashworth, John Barnes, Shirley Burns, Roger Dennison, Jean Dent, Keran Farrow, Rebekah Gerrard, Mike Greenall, David Kerr, Geoff Knight, Geoff Marsland, Roger Plumb, Bob Roe, Joyce Taylor and Tony Wade (16).

For Councillor Roger Mace

Councillors Eileen Blamire, Susan Bray, Ken Brown, Abbott Bryning, Susie Charles, Tina Clifford, John Day, Sheila Denwood, Sarah Fishwick, Janice Hanson, Helen Helme, Val Histed, Tony Johnson, Janie Kirkman, Stuart Langhorn, Karen Leytham, Roger Mace, Joyce Pritchard, Robert Redfern, Sylvia Rogerson, Ron Sands, Roger Sherlock, Keith Sowden, Malcolm Thomas and Peter Williamson (25).

For Councillor Jon Barry

Councillors Jon Barry, Anne Chapman, Chris Coates, Jane Fletcher, Emily Heath, Andrew Kay, Ian McCulloch, Catriona Stamp, Jude Towers, Morgwn Trolinger, John Whitelegg and Maia Whitelegg (12).

Abstentions

Councillors Jim Blakely, Charles Grattan, Peter Robinson and Rob Smith (4).

The Mayor advised that the votes cast were 16 for Councillor Archer, 25 for Councillor Mace and 12 for Councillor Barry and that as this did not represent a majority for the leading nomination a further vote would be taken, having discounted the nomination with the least votes, being Councillor Barry.

A further recorded vote was then requested in accordance with Council Procedure Rule 16.4.  The votes were recorded on this occasion as follows:-

For Councillor Evelyn Archer

Councillors Evelyn Archer, June Ashworth, John Barnes, Shirley Burns, Roger Dennison, Jean Dent, Keran Farrow, Rebekah Gerrard, Mike Greenall, David Kerr, Geoff Knight, Geoff Marsland, Roger Plumb, Bob Roe, Joyce Taylor and Tony Wade (16).

For Councillor Roger Mace

Councillors Eileen Blamire, Susan Bray, Ken Brown, Abbott Bryning, Susie Charles, Tina Clifford, John Day, Sheila Denwood, Sarah Fishwick, Janice Hanson, Helen Helme, Val Histed, Tony Johnson, Janie Kirkman, Stuart Langhorn, Karen Leytham, Roger Mace, Joyce Pritchard, Robert Redfern, Sylvia Rogerson, Ron Sands, Roger Sherlock, Keith Sowden, Malcolm Thomas and Peter Williamson (25).

Abstentions

Councillors Jon Barry, Jim Blakely, Anne Chapman, Chris Coates, Jane Fletcher, Charles Grattan, Emily Heath, Andrew Kay, Ian McCulloch, Peter Robinson, Rob Smith, Catriona Stamp, Jude Towers, Morgwn Trolinger, John Whitelegg and Maia Whitelegg (16).

The votes being 16 for Councillor Archer, 25 for Councillor Mace and 16 abstentions, the Mayor declared Councillor Mace elected. 

Resolved:-

That in accordance with Article 7.03, Councillor Roger Mace be elected Leader of the Cabinet and Leader of the Council for the current Municipal Year.

 To receive nominations for 9 Members to serve on Cabinet and elect those Members of the Cabinet in accordance with the provisions of Article 7.04 of the constitution set out below:

“In the event that a resolution for a PR Cabinet is carried by simple majority of the Council, other Cabinet Members, as nominated by Groups, shall be elected to the Cabinet en bloc. 

In any other case, including the case of a casual vacancy arising during the year in a non-PR Cabinet, Members who are nominated, seconded and willing to accept nomination shall be voted upon individually commencing with those one or more up to the number of vacancies as are nominated before the start of the meeting by the Leader or potential Leader until vacancies for other Cabinet Members are filled or until no more nominations are made.  Nominations shall be put forward as a package by the Leader, but voted upon individually, commencing with those nominated by the Leader, until all vacancies are filled and no more nominations are made. 

Should an individual not be elected, further nominations may be made by Councillors but not by the Leader.”

Having decided that the Cabinet should be established on a PR basis, the Mayor called upon Group Administrators for their nominations to Cabinet in accordance with Article 7.04.

The Groups put forward their nominees for Cabinet Members in addition to Councillor Mace (Conservative) who had been elected as Leader of the PR Cabinet as follows:

It was moved by Councillor Knight and seconded by Councillor Burns that the above nominations be elected to the Lancaster City Council Cabinet.  On being put to the vote, the Mayor declared the proposition clearly carried.

Resolved:

That the following Members be elected in to the Lancaster City Council Cabinet for the current Municipal Year, in addition to Councillor Mace (Conservative) who had been elected as Leader of the PR Cabinet:

Councillors Evelyn Archer, June Ashworth, Jon Barry, Eileen Blamire, Abbott Bryning, John Gilbert, Val Histed, David Kerr and Maia Whitelegg.

To receive nominations and appoint Members to serve on each of the following Overview & Scrutiny bodies in accordance with the political balance arrangements agreed at Item 8.  In accordance with the Council’s Constitution, Part 3, Sections 10 and 11, only non-Executive Members may vote on this item.

(a)               Overview and Scrutiny Committee (9)

(b)               Budget and Performance Panel (9) – to include a minimum of one member of the Overview and Scrutiny Committee

Council was informed that a list of Members nominated by the Groups for appointment to the Council’s Overview and Scrutiny bodies in line with the allocation of seats agreed at Minute No. 18 had been circulated at the commencement of the meeting.  Group Administrators were also given the opportunity to put forward any further changes.

The Mayor reminded Members that in accordance with the Council’s Constitution Part 3, Sections 11 and 12 only non-Executive Members were entitled to vote on this item.

It was moved by Councillor Knight and seconded by Councillor Robinson:

“That the nominations put forward by the Groups for appointment to the Overview and Scrutiny bodies be accepted.”

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:-

That the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies be approved as set out at Appendix A. 

To receive nominations and appoint Members to serve on the under-mentioned Committees in accordance with the political balance arrangements agreed at Item 8

(a)         Licensing Regulatory Committee (7)

(b)         Licensing Act Committee (15)

(c)         Planning and Highways Regulatory Committee (20)

(d)         Personnel Committee (7) – to include at least one Member of Cabinet (Members must not also be on the Appeals Committee)

(e)         Appeals Committee (7) – to include at least one Member of the Cabinet.  (Members should not also be on the Personnel Committee)

(f)           Audit Committee (7) – to include the Cabinet Member with special responsibility for financial affairs

(g)         Appraisal Panel (7) – to include the Leader

(h)         Standards Committee (7) – may not include Leader

(i)            Council Business Committee (7)

(j)            Local Governance Committee (9)

(k)          Lancashire Local – Lancaster District Joint Committee (10) – must include at least one Cabinet Member

Council was informed that a list of Members nominated by the Groups for appointment to the Council's Committees in accordance with the allocation of seats agreed at Minute No. 18, had been circulated at the commencement of the meeting.

Group Administrators submitted a number of additions and amendments to that list.

It was moved by Councillor Knight and seconded by Councillor Robinson that the nominations put forward by the Groups for appointments to Committees be accepted. 

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:-

That the nominations put forward by the Groups for appointment to Committees of Council be approved as set out at Appendix B.

To receive nominations and elect a Chairman to each of the under-mentioned bodies.  In accordance with the Council’s Constitution, Part 3, Sections 10 and 11, only non-Executive Members are entitled to vote on (a) and (b) below:

(a)         Overview and Scrutiny Committee - shall not be a member of the largest political group represented on Cabinet

(b)         Budget and Performance Panel - shall not be a member of the largest political group represented on Cabinet

(c)         Licensing Regulatory Committee

(d)         Licensing Act Committee

(e)         Planning and Highways Regulatory Committee

(f)           Personnel Committee

(g)         Appeals Committee

(h)         Audit Committee – may not be a Member of Cabinet or Overview and Scrutiny Committee

(i)            Appraisal Panel – may not be the Leader

(j)            Council Business Committee

(k)          Local Governance Committee 

With regard to Standards Committee, Council is requested to note the re-appointment of Mr. Stephen Lamley as Chairman for period of 3 years from March 2005.

The Mayor requested nominations for a Chairman for each of the Council’s Regulatory and Standing Committees and for the Overview and Scrutiny bodies.  She again reminded Members that in accordance with the Council’s Constitution only non-Executive Members were entitled to vote on the Chairmen proposed for the Overview and Scrutiny Committee and Budget and Performance Panel.

In relation to the Overview and Scrutiny Committee nominations were submitted for Councillors Peter Robinson and Stuart Langhorn.

On being put to the vote there were 12 votes for Councillor Robinson and many for Councillor Langhorn, whereupon the Mayor declared Councillor Langhorn Chairman of the Overview and Scrutiny Committee.

In relation to the Budget and Performance Panel nominations were submitted for Councillors Jim Blakely and John Whitelegg.

On being put to the vote 36 Members voted for Councillor Blakely, whereupon the Mayor declared that this being a majority of the Council, Councillor Blakely was elected as Chairman of the Budget and Performance Panel.

In relation to the Licensing Regulatory Committee, there being only one nomination, the Mayor declared Councillor Tony Wade Chairman of the Licensing Regulatory Committee.

In relation to the Licensing Act Committee, there being only one nomination, the Mayor declared Councillor Joyce Taylor Chairman of the Licensing Act Committee.

In relation to the Planning and Highways Regulatory Committee nominations were received for Councillors Eileen Blamire, Keith Budden and Anne Chapman.

On being put to the vote there were 30 votes for Councillor Blamire, 15 for Councillor Budden and 12 for Councillor Chapman, whereupon the Mayor declared Councillor Blamire, with the majority of votes cast, Chairman of the Planning and Highways Regulatory Committee.

In relation to the Personnel Committee, nominations were submitted for Councillors Jean Dent and Susan Bray. 

On being put to the vote there were 27 votes for Councillor Dent and 29 for Councillor Bray, whereupon the Mayor declared Councillor Bray Chairman of the Personnel Committee.

In relation to the Appeals Committee nominations were submitted for Councillors Sheila Denwood and Shirley Burns.

On being put to the vote 30 Members voted for Councillor Denwood, whereupon the Mayor declared that this being a majority of those present, Councillor Denwood was elected as Chairman of the Appeals Committee.

In relation to the Audit Committee, nominations were submitted for Councillors Roger Dennison and Malcolm Thomas.

On being put to the vote there were 15 votes for Councillor Dennison and many for Councillor Thomas, whereupon the Mayor declared Councillor Thomas Chairman of the Audit Committee.

In relation to the Appraisal Panel, there being only one nomination, the Mayor declared Councillor Evelyn Archer Chairman of the Appraisal Panel.

In relation to the Council Business Committee nominations were submitted for Councillors Geoff Knight and Susan Bray.

On being put to the vote there were 27 votes for Councillor Knight and 28 for Councillor Bray, whereupon the Mayor declared Councillor Bray Chairman of the Council Business Committee.

In relation to the Local Governance Committee, nominations were submitted for Councillors John Gilbert, Chris Coates and Roger Mace.  On being  ...  view the full minutes text for item 24.

To consider the report of the Chief Executive.

The Chief Executive submitted a report requesting confirmation of the basis on which appointments were currently made to outside bodies, partnerships and boards.  It was noted that new or changed Group nominations could be submitted in writing to the Head of Democratic Services at any time and any changes required by Cabinet or other Committees would be referred directly to the relevant body.

The recommendations set out in the report were moved by Councillor Knight and seconded by Councillor Robinson.

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:-

(1)         That Council confirms the basis on which appointments to outside bodies are made as set out in the schedule attached at Appendix C.

(2)         That all new appointments made in accordance with the attached schedule be made for a term of office of four years to expire at the City Council Elections to be held in May 2011.

To consider the report of the Monitoring Officer.

The Monitoring Officer submitted a report setting out the requirement for the Council to adopt the Government’s revised Model Code of Conduct in place of the existing Code.

Members were advised that in accordance with advice from the Standards Board, paragraphs relating to parish councils, police authorities and the Greater London Authority, and therefore not applicable to this Council, had been deleted, but in every other way the proposed Code of Conduct circulated with the report followed the wording in the Statutory Instrument. 

It was also recommended that Council approve a proposed Preamble to the Code which was essentially the same as the Council’s current Preamble to the old Code, but slightly updated to take account of the date of the new Model Order. 

The recommendations set out in the report were moved by Councillor Knight and seconded by Councillor Robinson.  On being put to the vote the mayor declared the proposition clearly carried.

Resolved:

(1)         That Council adopt the Model Code of Conduct contained in Statutory Instrument No. 1159 of 2007, as appended to the report, in place of its existing Code of Conduct.

(2)         That a Preamble to the Code, as appended to the report, continue to be included in the Constitution

(3)         That the Monitoring Officer be authorised to amend the Constitution accordingly, and to advertise the adoption of the Code in accordance with the statutory requirements.