Agenda item

The Cabinet decision on Executive Team : Roles and Structure (Minute 96) taken by Cabinet on 24^th April 2018 has been requested to be called in by Councillors Caroline Jackson and Nigel Goodrich (Overview and Scrutiny Members) and by Councillors Dave Brookes, Phillippa Williamson and Tim Hamilton-Cox. 

 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, has 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 Executive Team: Roles and Structure - Cabinet Minute 96, had been called-in by the following 5 Members:

Councillors Nigel Goodrich, Caroline Jackson, Phillippa Williamson, Tim Hamilton-Cox and Dave Brookes. 

The meeting was adjourned at 6.03pm to allow those present time to consider advice notes that had been prepared by the Interim Head of Legal and Democratic Services and the Deputy Section 151 Officer.

The meeting was reconvened at 6.09pm

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. 

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

(g)        Other (reasons contained in the Call-in notice).

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 Hamilton-Cox set out the reasons for the Call-in.

The Chairman invited Councillor Eileen Blamire (Leader of the Council) to explain the reasons for the decision of Cabinet. 

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

The Overview and Scrutiny Committee Members were then invited to ask questions and Councillor Blamire, the Chief Executive and the Interim HR Manager responded.

The meeting adjourned at 7.44pm and re-convened at 7.58pm

to allow the Call-in signatories to confer.

It was proposed by Councillor Caroline Jackson and seconded by Councillor Charlie Edwards:-

“The decision to commence a statutory consultation requires that Cabinet has confidence in the robustness of the proposals.

Because this robustness has not been demonstrated informally to the general membership of the Council we believe the decision to consult was premature and should be reversed.

(1)  The recommendation from the Overview and Scrutiny Committee is that formal consultation should not be approved until such time as Cabinet has determined that the proposals for the restructure have been demonstrated to be robust ie financially and commercially viable.

(2)  That consultation on restructuring should be wider than the statutory consultation with those people directly affected.

(3)  That all informal consultations with Council Members should be minuted and reported in to Cabinet.”

It was suggested and agreed that the recommendations should be voted on separately.

Regarding the pre-amble and recommendation (1), upon being put to the vote, 4 Members voted in favour and 5 against whereupon the Chairman declared the proposition lost.

Upon being put to the vote, Recommendation (2), 8 Members voted in favour and 1 voted against, whereupon the Chairman declared the proposition carried.

With regard to Recommendation (3), upon being put to the vote, 7 Members voted for, 1 against and 1 abstained, whereupon the Chairman declared the proposition clearly carried.

Resolved:

That the Overview and Scrutiny Committee recommend to Cabinet :

(1)        That consultation on restructuring should be wider than the statutory             consultation with those people directly affected.

(2)        That all informal consultations with Council Members should be minuted and             reported in to Cabinet.