Issue - meetings

To note that the Leader’s revised scheme of delegation was adopted on 27 November 2009 and subsequently was published in the Council’s Constitution as Part 3, Tables 2A and 2B (Responsibility for Executive Functions).  It is available on the Council’s website, www.scambs.gov.uk/CouncilAndDemocracy/Councils/constitution.htm

The Leader’s revised Scheme of Delegation was NOTED and a refined allocation of functions and responsibilities of portfolio holders was circulated, to take effect from 15 January 2010 upon notification to all Members, in accordance with Section 14 of the Local Government Act 2000, as amended by Section 63 of the Local Government and Public Involvement in Health Act 2007.

The Leader of Council, Cllr Ray Manning, has now informed the Chief Executive, as proper officer, of temporary changes that he wishes to make to the roles and responsibilities of individual Cabinet members, and below is a Schedule hereto that seeks to capture this re-allocation.

In essence, the changes notified by the Leader provide for Cllr Tom Bygott to assume the mantle of Environmental Services Portfolio holder and, in turn, for most of his former responsibilities to be re-allocated to existing members of the Executive.  These revisions are effective immediately.

The schedule also lists the names of "Scrutiny and Overview Monitors" and "Opposition Spokesmen".  In order to be helpful, the Chief Executive has attempted to reallocate names in what he considers to be the most logical manner, but notes that this will be subject to the agreement of the Scrutiny and Overview Committee, with respect to its portfolio monitors, and Group Leaders / Convenors of any revision(s) to the suggested allocation of Opposition Spokesmen.

Cabinet Members and Responsibilities 2009-10

Please can the Leader say what he is doing or intends to do to improve the working relations between all Members taking into account the vote on Housing Futures and the debate on the Motion of no confidence?

Councillor JA Hockney asked the Leader of the Council the following question:

Please can the Leader say what he is doing or intends to do to improve the working relations between all Members taking into account the vote on Housing Futures and the debate on the Motion of no confidence?

Councillor RMA Manning, Leader of the Council, stated that political opposition could be constructive or destructive. He wished for the Council to move on from arguments regarding recent issues such as the Housing Futures project, to work more closely with opposition Members. He particularly hoped for active opposition involvement in policy development in terms of championing the needs of all residents and the potential to harness good ideas. This could be achieved through the development of the task and finish model of working, which had been successful in bringing forward recommendations in respect of Orchard Park and the Council’s financial planning. The Leader also stressed that Portfolio Holders’ meetings also provided opportunities for meaningful input by opposition spokespersons and all non-executive members.

Councillor Hockney thanked the Leader for his response, stating that he particularly welcomed comments relating to the good work undertaken by task and finish groups. By way of a Supplementary Question he requested that the Leader call a meeting with opposition group leaders to seek ways in which to develop more positive future working relationships.

The Leader of the Council replied that he would be happy to convene such a meeting or attend meetings of the Major and Minor Opposition Groups for this purpose, if required.

Attached is a Motion of No Confidence signed by 15 Councillors calling for the removal of the Leader from the office of Leader and the removal from the Executive of Councillor SM Edwards in accordance with paragraph 12.1(b) of the Council’s Standing Orders which states that:

In the case of any motion for the removal of the Leader from office as Leader, the removal of any individual member of the Executive or the removal of the members of the Executive from office collectively, written notice signed by at least one quarter of the councillors must be delivered to the proper officer not later than six working days before the date of the meeting. Motions under this provision may not be submitted electronically. Any such motion shall be carried by simple majority of the members present and voting at the meeting.

It is recommended that if this Motion is passed a new Leader should be elected at this meeting, in accordance with paragraph 12.1 (c) of the Council’s Standing Orders, which states:

In the case of any motion for the removal of the Leader from office as Leader being passed, the Council shall elect a new Leader at the same meeting, or at a subsequent meeting. In the case of any motion for the removal of the members of the Executive from office collectively, the Council shall elect a new Leader immediately.

A Motion of No Confidence, signed by 15 Councillors, calling for the removal of the Leader of the Council from office, and the removal from the Executive of Councillor SM Edwards, on being voted upon in a secret paper ballot, was declared lost with twenty-two Members voting in favour and twenty-seven against the Motion. 

Councillor SGM Kindersley moved and Councillor MJ Mason seconded a Motion in the following terms, signed by 15 Councillors in accordance with Council Standing Order 12.1:

‘We, the undersigned, being Members elected to South Cambridgeshire District Council, hereby submit a Motion of No Confidence in Councillor Manning, Leader of the Council, and call for his removal from office as Leader, and the removal of Councillor Edwards from the Executive of the Council, as allowed by Section 12.1 of the Council’s Constitution.’

The Motion stood in the names of Councillors D de Lacey, A Riley, Mrs EM Heazell, Mrs DP Roberts, Mrs HM Smith, NN Cathcart, JF Williams, RB Martlew, Mrs FAR Amrani, Mrs SA Hatton, SGM Kindersley, Mrs SJO Doggett, NJ Scarr, JD Batchelor and Mrs PM Bear.

During debate of this item Council resolved unanimously, in accordance with Standing Order 22.1, to suspend Standing Order 12.5 for the duration of the item to allow debate to exceed thirty minutes.

In proposing the Motion, Councillor SGM Kindersley stressed that, in bringing it forward, no criticism was intended of the Council’s officers who had carried out the tasks required of them throughout the Housing Futures project in a professional manner. During debate of the Motion, those speaking in favour considered that the Housing Futures exercise had been a futile waste of £800,000 of public money when it was clear that there remained a large section of the Council’s tenants who were in favour of retention; the percentage of tenants voting against transfer during the previous exercise had been 82%; the current exercise had reduced this majority only to 72%. The campaign by the Council had inundated tenants with one-sided information in favour of transfer without any balance, to the point of intimidation of vulnerable residents. At the same time, details of the business case had never been released, and the business plan for the housing association not made available to enable tenants to make informed judgements regarding the viability of the process. The leadership had demonstrated misjudgement in choosing to proceed to a ballot during a period of great economic uncertainty and with questions about the short and long-term financing of transferring the housing stock. The overwhelming nature of the ‘no’ vote was tantamount to a vote of no confidence by tenants in the Council’s political leadership, which had become discredited as a result; as such, and to ensure proper accountability for their actions, it was regrettably necessary for the Leader and Deputy Leader to be removed from office.

Members arguing against the Motion considered that the ballot result constituted an overwhelming endorsement of the excellent housing service provided by the Council’s staff. The Housing Futures project had been based on sound principles, which sought to remedy a situation in which the Council paid £12 million per year to government in negative subsidy. That revenue, in the event of transfer, would have been directed to the provision of further improvements to the service received by tenants. Far from having lost credibility,  ...  view the full minutes text for item 22

To elect a Leader of the Council. The Leader shall hold office until the date of the Annual Meeting of Council following the normal date of his/her retirement as a councillor, subject to the provisions of Article 7.03(iv) setting out the circumstances in which the term office may end earlier.

The Leader shall, if the information is available, notify Council of the number of members he/she is appointed to the Executive (Cabinet), their names and their portfolios, and shall present his/her Scheme of Delegation of Executive Functions. 

Council RESOLVED that Councillor RMA Manning be elected Leader of the Council, to serve a term of office ending on the date of the Annual Council Meeting following the date of his normal retirement as a Councillor, the relevant date of retirement to follow the Local Elections in 2012. 

Council NOTED the names of the members appointed by the Leader to the Cabinet, their names and their Portfolios, along with the Leader of the Council’s Scheme of Delegation of Executive Functions.

(Both documents are attached)

It was proposed by Councillor SM Edwards, seconded by Councillor MP Howell and, there being no other nominations, RESOLVED that Councillor RMA Manning be elected Leader of the Council, to serve a term of office ending on the date of the Annual Council Meeting following the date of his normal retirement as a Councillor, the relevant date of retirement to follow the Local Elections in 2012. 

Councillor Manning thanked Council for electing him and Cabinet Members for their work over the past year, especially that of Councillor Orgee, who had resigned to take up office as Vice-Chairman of the Council.

The Leader announcedthe names of the members appointed by the Leader to the Cabinet, their names and their Portfolios, along with his Scheme of Delegation of Executive Functions (Both documents are attached). The Leader welcomed Councillor TD Bygott as a new Member of the Cabinet.

Report and appendices attached.

RECOMMENDATIONS (from paragraph 14 of the report)

Council is recommended:

(a)               To approve the implementation of the Leader and Cabinet form of governance proposed in paragraph 5 of the report and required under Sections 11 and 14 of the Local Government Act 2000 as amended, with effect from the commencement of the Annual Council Meeting on 21 May 2009;

(b)               Subject to approval of (a) above, to approve the corresponding changes to the Constitution set out in the recommendations of the Constitution Review Working Party at paragraph 9 of the report and Appendices A-E attached.

Council RESOLVED:

(a)               That the Leader and Cabinet form of governance proposed in paragraph 5 of the report and required under Sections 11 and 14 of the Local Government Act 2000 as amended, be implemented with effect from the commencement of the Annual Council Meeting on 21 May 2009;

(b)               That the corresponding changes to the Constitution set out in the recommendations of the Constitution Review Working Party set out at paragraph 9 and Appendices A-E of the report be agreed.

Council considered a report noting the outcome of the consultation on a move to new executive arrangements and setting out recommendations to adopt revised arrangements and the corresponding Constitutional changes required for them to take effect.

During debate on this matter, some Members expressed concern that the concentration of too much power in one individual was damaging for democracy and meant the Council would vest similar levels of power in an indirectly-elected Leader as would be held by a directly-elected Mayor. Other Members considered the changes to be necessary to confirm the ‘strong Leader’ model of governance under which the Leader would hold full executive power for up for four years, yet remained directly accountable to the Council, which retained power to remove him/her from office by simple majority, and indirectly accountable to the electorate, which could vote for a change in the political control of the Council.

Council RESOLVED, with 26 Members voting in favour, 15 against and two abstentions:

(a)               That the Leader and Cabinet form of governance proposed in paragraph 5 of the report and required under Sections 11 and 14 of the Local Government Act 2000 as amended, be implemented with effect from the commencement of the Annual Council Meeting on 21 May 2009;

(b)               That the corresponding changes to the Constitution set out in the recommendations of the Constitution Review Working Party set out at paragraph 9 and Appendices A-E of the report be agreed.

Councillor MP Howell requested to be recorded as voting in support of the proposal.

Councillor Mrs DP Roberts requested to be recorded as voting against the proposal.