COUNCIL 8 JUNE 2005 APPOINTMENT OF EXECUTIVE SUPPORT MEMBERS: CONSEQUENTIAL CHANGES TO THE CONSTITUTION. (Report of the Constitution Review Group)

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1 (ITEM 6) COUNCIL 8 JUNE 2005 APPOINTMENT OF EXECUTIVE SUPPORT MEMBERS: CONSEQUENTIAL CHANGES TO THE CONSTITUTION (Report of the Constitution Review Group) 1. INTRODUCTION 1.1 The purpose of this report is to recommend alterations to the Constitution to reflect the decision of the Council on 11 May 2005 to appoint seven members to the new position of Executive Support Member. 2. RECOMMENDATION 2.1 That Article 7 of the Constitution be amended by the addition of paragraphs as set out in Annex That further consequential changes to the Constitution be approved as set out in Annex 2 3. ADVICE RECEIVED FROM STATUTORY AND OTHER OFFICERS Borough Solicitor 3.1 Nothing to add to the report. Borough Treasurer 3.2 There are no financial implications directly arising from this report. Impact Assessment 3.3 There are no direct consequences of this report for any group and no direct community safety implications. 4. SUPPORTING INFORMATION 4.1 The appointment of Executive Support Members, or similar positions, is an increasingly common development in authorities working under the executive arrangements introduced by the Local Government Act Examples of other authorities using this type of approach include Essex CC, Kent CC and Westminster LBC. 4.2 At the Annual Council meeting on 11 May the Council passed a resolution in the following terms:

2 (a) That the following Members be appointed to the named portfolio area as Executive Support Members Councillor Turrell Councillor Brunel- Walker Councillor Wade Councillor Packham Councillor Dudley Councillor Baily Councillor Mihell EXECUTIVE SUPPORT MEMBERS Executive Support Member for Planning & Transportation Executive Support Member for Children s Services Executive Support Member for Adult Services, Health Commissioning and Housing Executive Support Member for Leisure and Corporate Services Executive Support Member for Public and Environmental Services and Parish Liaison Executive Support Member for Emergency Services and Community Safety Executive Support Member for Education and Libraries (b) That Executive Support Members shall have the following duties: (i) (ii) (iii) (iv) to assist, support and advise the relevant Executive Member in the exercise of his or her responsibilities, to carry out particular tasks and projects as agreed with the Executive Member from time to time; to attend public and private meetings of the Executive as an observer and in the absence of the Executive Member to propose motions and speak (but not to vote); in the absence of the executive member to speak at meetings of the Council on matters relating to the allocated portfolio area. (c) (d) (e) That Executive Support Members may serve on Scrutiny Panels and working groups provided that they must withdraw from any discussion of matters within the portfolio area in which they act as Executive Support Member. It would therefore be inappropriate for Executive Support Members to act as chairman or vice chairman of a scrutiny panel. That Executive Support Members shall not be appointed to the role of chairman or vice chairman of the Licensing & Safety Committee or the Planning & Highways Committee That the Constitution Review Group be asked to consider any consequential adjustments to the Constitution to reflect the creation of these posts and to bring forward recommendations to the next ordinary meeting of the Council. 4.3 The Constitution Review Group met on 26 May in pursuance of para (e) above. The Group was advised that the role of Executive Support Member falls outside the formal constitutional framework i.e. these Members will not be able to exercise any functions of the Council or of the Executive while acting in this capacity. Therefore the development of the role will depend very much on the nature of the particular portfolio supported. There will need to be flexibility to enable the working relationships between individual

3 executive members and their support members to evolve, within the conditions laid down by the Council above. 4.4 It would be proper to reflect these new posts in Article 7 (The Executive). A proposed revision is attached as Annex 1. A small number of further changes to the Constitution are proposed in Annex 2. Background papers Minutes of Annual Council: 11 May 2005 Report to Constitution Review Group: 26 May 2005 Contact for further information Peter Driver, Head of Democratic & Support Services peter.driver@bracknell-forest.gov.uk Doc.Ref. Council/ESMs 8 June 2005

4 ANNEX 1 ARTICLE 7 THE EXECUTIVE The Role of the Executive 7.01 Role The Executive will carry out all of the Authority s functions which are not the responsibility of any other part of the Authority whether by law or under this Constitution Form and Composition The Executive will consist of the Executive Leader together with at least two but not more than nine Councillors appointed to the Executive by the Executive Leader. The Leader may appoint Councillors to the Executive either at the annual meeting of the Council or, on giving written notice of appointment to the proper officer, at any time thereafter. Appointment of a Councillor to the Executive after the annual meeting of the Council will take effect immediately on receipt of the notice by the proper officer and shall be reported to the next meeting of the Council Leader The Leader will be a Councillor elected to the position of Leader by the Council. The Leader will hold office until: (a) (b) (c) (d) he/she resigns from the office; or he/she is suspended from being a Councillor under Part III of the Local Government Act 2000 (although he/she may resume office at the end of the period of suspension); or he/she is no longer a Councillor; or the commencement of the next annual meeting of the Council except that the Council may remove the Leader from office at an earlier date by resolution of the Council Other Executive Members Other Executive Members shall hold office until: (a) (b) (c) (d) they resign from office; or they are suspended from being Councillors under Part III of the Local Government Act 2000 (although they may resume office at the end of the period of suspension); or they are no longer Councillors; or until the commencement of the next annual meeting of the Council or until they are removed from office by the Leader who must give written notice of removal to the proper officer. Removal will take effect immediately on receipt of the notice by the proper officer.

5 7.05 Proceedings of the Executive Proceedings of the Executive shall take place in accordance with the Executive procedure rules set out in Part 4 of this Constitution Responsibility for Functions The Leader will maintain a list in Part 3 of this Constitution setting out which individual members of the Executive, Committees of the Executive, Officers or joint arrangements are responsible for the exercise of particular executive functions Executive Support Members The Council may appoint Executive Support Members with the following duties: (i) (ii) (ii) (iv) to assist, support and advise the relevant Executive Member in the exercise of his or her responsibilities, to carry out particular tasks and projects as agreed with the Executive Member from time to time; to attend public and private meetings of the Executive as an observer and in the absence of the Executive Member to propose motions and speak (but not to vote); in the absence of the Executive Member to speak at meetings of the Council on matters relating to the allocated portfolio area Executive Support Members may serve on Scrutiny Panels and working groups provided that they must withdraw from any discussion of matters within the portfolio area in which they act as Executive Support Member. It would therefore be inappropriate for Executive Support Members to act as chairman or vice chairman of a scrutiny panel Executive Support Members shall not be appointed to the role of chairman or vice chairman of the Licensing & Safety Committee or the Planning & Highways Committee.

6 ANNEX 2 FURTHER CONSEQUENTIALCHANGES TO THE CONSTITUTION (proposed additions in bold) Part 4.2 Access to Information Procedure Rules 21.2 Other Members Members other than executive members and executive support members will not be entitled to attend private meetings of the executive. Part 4.4 Executive Procedure Rules 1.3 Sub-delegation of Executive Functions (vi) Where the Executive, a committee of the Executive or an individual member of the Executive is responsible for an executive function, they must not delegate such a function to an executive support member. 1.8 Quorum The quorum for a meeting of the Executive, or a committee of it, shall be three, not including any executive support member who may be present at the meeting.