The minutes of the previous Community, Health and Housing Committee on 5^th March 2019 were signed as a true record. 

The report provided an update on developments in relation to the Association of South Essex Local Authorities (ASELA) and to formally agree to become a member of a joint committee of constituent members to oversee ASELA and provide enhanced transparency and accountability in the new delivery stage of its work programme.

Cllr Hossack MOVED and Cllr Parker SECONDED the recommendations in the report.

After a full discussion, a recorded vote was requested by Cllrs Aspinell, Naylor, Mrs Davies, Haigh, Kendall, Laplain and Mynott.

A recorded vote was taken in accordance with Procedure Rule 9.5 and

members voted as follows:

FOR: Cllrs Barber, Bridge, Barrett, Dr Barrett, J Cloke, Mrs Gelderbloem, Heard, Mrs Hones, Hossack, Jakobsson, Nolan, Parker, Poppy, Mrs Pound, Reed, Russell, Miss Sanders, Tanner, Mrs Tierney, Mrs Wagland, White and Wiles (22)

AGAINST: Cllrs Aspinell, Cuthbert, Mrs Davies, Ms Fulcher, Haigh, Kendall, Laplain, Lewis, Mynott and Naylor (10)

ABSTAIN: (0)

The Motion was CARRIED and it was RESOLVED to:-

R1.      Note the updates provided in this report.

R2.      Agree that Brentwood Borough Council becomes a member of the Association of South Essex Local Authorities (ASELA) Joint Committee in accordance with Section 101 of the Local Government Act 1972, to oversee ASELA and provide enhanced transparency and accountability in the new delivery stage of its work programmes.

R3.      Approve the governance arrangements of the Joint Committee as set out in Appendix A, and the related Joint Committee Agreement and Terms of Reference.

R4.      Appoint the Leader of the Council to represent the Council on the Joint Committee.

R5.      Appoint a deputy representative to substitute for the Leader of the Council, in line with the Part 4 of the Council’s Constitution.

R6.      Give delegated authority to the Monitoring Officer to make changes to the Constitution that result from the decisions made in R2 and R3 above.

Reasons for Recommendation

To provide ASELA with the governance arrangements required to enable delivery of the Growth and Recovery Prospectus and ten delivery programmes and for Brentwood and its residents to be a direct and indirect beneficiary of the work.

(The meeting was adjourned at 21:14 and recommenced at 21.28)

To consider the sharing of the Chief Executive between Brentwood Borough Council and Rochford District Council for an initial 6-month period. To consider the proposed terms of reference; terms and conditions, governance arrangements and timeline for that role in determining a business case for the ongoing sharing of a Chief Executive and further shared services.

Cllr Hossack MOVED and Cllr Parker SECONDED the recommendations in the report.

After a full discussion, a recorded vote was requested by Cllrs Aspinell, Naylor, Mrs Davies, Haigh, Kendall, Laplain and Mynott.

A recorded vote was taken in accordance with Procedure Rule 9.5 and

members voted as follows:

FOR: Cllrs Barber, Bridge, J Cloke, Mrs Gelderbloem, Heard, Mrs Hones, Hossack, Jakobsson, Nolan, Parker, Poppy, Mrs Pound, Reed, Russell, Miss Sanders, Tanner, Mrs Tierney, White and Wiles (19)

AGAINST: Cllrs Aspinell, Barrett, Dr Barrett, Cuthbert, Mrs Davies, Ms Fulcher, Haigh, Kendall, Laplain  Lewis, Mynott and Naylor (12)

ABSTAIN: (0)

(Cllr Mrs Wagland was present for part of this item, therefore she did not take part in the vote).

The Motion was CARRIED and it was RESOLVED to:

R1      Delegate to the Corporate Director of Law and Governance and Corporate Director of Finance and Resources, in consultation with the Leader of the council, to engage with Rochford Council and enter into an agreement to establish a Joint Chief Executive and Head of Paid Service for Brentwood Borough Council and Rochford District Council for an initial 6 months period starting from the 1st August 2021.

R2      Delegate to the Chief Executive/Head of Paid Service and the Strategic Directors of each Council to undertake the creation of a feasibility study to explore further shared and partnership opportunities with Rochford District Council, in consultation with the Leader and Deputy (nominee) of each Council. A further report to be bought to both Council’s by the end of 2021. 

R3      Allocate a maximum of £20,000, from reserves, to assist in providing 50% of the additional resources required to undertake the feasibility study and provide additional programme resources. (Rochford District Council intends, subject to their Council agreement, to commit £20,000 of resources to undertake this work).

R4      That the Monitoring Officer be given delegated authority to make any required changes to the Constitution resulting from the decision in R1.

R5      That any designated Head of Paid Service is the proper officer under s270(3) Local Government Act 1972.

Following a change to the Council’s Constitution on 25 January 2017.  Councillors are now appointed to a number of outside organisations by Ordinary Council. Many of the outside organisations support and advance the broad objectives of the Authority. Representations come about either through the Authority initiating the appointment, or an organisation requesting a representative being nominated or a Charity Commission rule that a Council representative is appointed.

Following consideration of the list of nominations and to ensure effective use of Councillors resource and support for outside organisations it is considered appropriate to categorise the list in the following:

· Statutory Representatives

· Trustee

· Council has interest whether financially or otherwise

· Others – point of contact

Where a Councillor is required to be a point of contact it is considered appropriate for the outside organisation and the Councillor to make contact and discuss the best approach.

The list of nominations for representatives/point of contact on outside organisations is presented at the Ordinary Council meeting each year for Members’ approval (Appendix A of the report).

In January 2021, Council’s approved an amendment to Chapter 4, Paragraph 27 of the constitution to state:

27. Outside Bodies

27.1 Any person appointed by the Council to serve as our representative to an outside body shall be appointed until they resign, are dismissed or their successor is appointed. Members shall cease to hold appointments on the fourth day after the ordinary day of election unless they are re-elected as a Borough Member at the Election.

(a) The Council should not appoint where there is a conflict of office or interest

(b) The Council should not appoint where the appointment holds a risk that insolvency of the body would render the appointee debarred from office i.e. where the appointment is an effective directorship listed at Companies House.

27.2 The Chief Executive will:

(a) in consultation with the appropriate Group Leaders, revise as necessary appointments to outside bodies arising as a result of a vacancy or otherwise;

(b) in consultation with the Leader of the Council and the Group Leaders, agree the allocation of appointments to any new outside bodies or organisations.

(c) ensure that the body meets the criteria for an appointee

27.3 The Appointee will:

(a) ensure a good flow of communication between the outside body and the council. This will include non-confidential matters that the appointee may consider to be of interest or significance to either party.

(b) upon request of the Chief Executive, provide an update on any disclosable matters pertaining to the outside body.

(c) be prepared to provide a brief report to the Audit & Scrutiny committee when requested to do so under the work programme.

Cllr Hossack MOVED and Cllr Parker SECONDED recommendation R1 subject to two amendments Cllr Russell to replace Cllr Cloke on Roth Town Twinning and Cllr Russell replacing McLaren on Tenant’s Talkback and R3 within the report.

After a full discussion, Cllr Aspinell MOVED and Cllr Lewis SECONDED recommendations R1 and R2 within the report.  This was not accepted by Cllr Hossack.

A vote was that by a show of hand and was LOST.

Returning to the SUBSTANTIVE MOTION. A vote was taken by a show of hands and was RESOLVED.

R1       That the list of outside bodies and nominated representatives/point of contact for 2021/2022 shown in Appendix A be approved.

R3       A review of the Outside Organisations to undertaken yearly and reported back to Ordinary Council as the start of the municipal year.

(The revised Appendix A is attached to these minutes).