Agenda item

The following notice of motion was submitted by Cllrs Jeff Osborn and Helen Osborn:

‘Over the coming months, several Area Boards will be appointing Shadow Community Operations Boards.  These in due course may, subject to further consideration by Cabinet, become the responsible bodies for the running of the respective campuses which will involve the stewardship and expenditure of substantial sums of public money.

 Understandably the governance arrangements of these bodies will be of local and wider concern.  They should certainly be open, transparent and accountable.  Their status vis-a-vis the publicly elected Council still has to be clearly spelt out.

The action of the Council in this whole area may be groundbreaking and hence has to engender trust and earn support amongst the public.  We must ensure probity and high standards of accountability.

 In order to achieve this:

Council confirms that meetings of the respective Shadow Community Operations Boards, and the later fully fledged (non shadow) Boards, be held in public with agendas issued in advance and minutes being made publicly available.  The operation and decisions of the Boards as per the operations and decisions of the Council, be subject to the Freedom of the Information Act

Once moved and seconded, Cllr Jeff Osborn was invited to speak to his motion. He explained that as the Council moved into this new venture of Area Board involvement in campuses, the Council must not move away from the tried and tested methods of responsibility and accountability.

By consensus, it was agreed that the motion be debated.

At the Chairman’s invitation, Cllr Stuart Wheeler, Cabinet member for Leisure, Sport and Culture responded to the motion. He explained how the Shadow Community Operation Boards would operate as set out in their terms of reference and their relationship with Area Boards and Cabinet. He considered the Shadow Boards which would operate as working groups, to be an integral part in encouraging participation and involvement by the community in developing proposals. Cllr Wheeler supported the first three paragraphs of the above motion but moved as an amendment a replacement fourth paragraph as follows and this was duly seconded by Cllr John Noeken:

‘Council confirms that the respective shadow Community Operations Boards are formally constituted by each Area Board as a working group to gather together the views of the wider community and then reflect these in a set of recommendations to the Area Board as to the shape and content of a particular campus. All documentation and recommendations produced will be published by the Area Board and will accordingly be subject to the provisions of the Freedom of Information Act 2000.

The Council notes that:

• The Area Board will in turn fully debate all such recommendations and reach its own decision on the recommendations, if any, that officers should submit on its behalf to Cabinet
• Any formally constituted successor bodies to the shadow Community Operations Boards will be the subject of further recommendations to be considered by Cabinet in due course and these successor bodies will in turn be subject to those governance requirements appropriate to whatever vehicle is chosen’.

During the course of discussion, a debate ensued on the amended wording. Cllr Jeff Osborn suggested a refinement of the amended paragraph as follows (added text underlined):

‘Council confirms that the respective shadow Community Operations Boards are formally constituted by each Area Board as a working group to gather together the views of the wider community and then reflect these in a set of recommendations to the Area Board as to the shape and content of a particular campus. All documentation and recommendations produced will be published by the Area Board and will accordingly be subject to the provisions of the Freedom of Information Act 2000. All meetings of the Working Groups will be held under the same rules as Area Boards.

The Council notes that:

• The Area Board will in turn fully debate all such recommendations and reach its own decision on the recommendations, if any, that officers should submit on its behalf to Cabinet

Any formally constituted successor bodies to the shadow Community Operations Boards will be the subject of further recommendations to be considered by Cabinet in due course and these successor bodies will in turn be subject to those governance requirements appropriate to whatever vehicle is chosen.  However, this Council believes that there should be no reduction in the level of accountability and the opportunity for public scrutiny’.

Cllr Wheeler explained that he could not support the first set of additional wording above as this would detract from being able to work in a flexible and fast moving manner. He was however prepared to accept the second set of additional wording above with the proviso of adding if possible at the end.

A discussion ensued on the amendment and further suggested wording during which various comments were made summarised as follows:

• Shadow Boards should operate under the same governance arrangements as Area Boards
• Too many decisions were being made in private
• There were precedents of working groups that did and did not allow public attendance
• Shadow Boards would work under terms of reference formally adopted by Area Boards
• People might not feel comfortable discussing issues in public
• Shadow Boards would operate as working groups with no decision making powers
• Full governance arrangements would operate at meetings where decisions would be made ie Area Boards and Cabinet
• Matter for Area Boards to determine how they run their own local matters, suggested additional wording to amendment would undermine Area Boards ability to do this.

In exercising his right of reply, Cllr Jeff Osborn explained that whilst he agreed with giving autonomy to Area Boards, the essence of his motion was to provide accountability.

The Chairman put the following suggested alterations to the amendment as proposed by Cllr Jeff Osborn to the vote individually.

On the following wording:

All meetings of the Working Groups will be held under the same rules as Area Boards.  On being put to the vote, the suggestion was LOST.

On the following wording:

However, this Council believes that there should be no reduction in the level of accountability and the opportunity for public scrutiny’. Cllr Wheeler explained that in the spirit of co-operation, he was prepared to accept this additional wording with the inclusion of the words if possible at the end but this was not accepted. On being put to the vote, the suggested wording was LOST.

The amendment as proposed and presented by Cllr Wheeler was put to the vote and CARRIED, and on being put to the vote as a substantive motion was CARRIED and it was therefore

Resolved:

That motion No. 16 be adopted as amended as follows:

‘Over the coming months, several Area Boards will be appointing Shadow Community Operations Boards.  These in due course may, subject to further consideration by Cabinet, become the responsible bodies for the running of the respective campuses which will involve the stewardship and expenditure of substantial sums of public money.

Understandably the governance arrangements of these bodies will be of local and wider concern.  They should certainly be open, transparent and accountable.  Their status vis-a-vis the publicly elected Council still has to be clearly spelt out.

The action of the Council in this whole area may be groundbreaking and hence has to engender trust and earn support amongst the public.  We must ensure probity and high standards of accountability.

Council confirms that the respective shadow Community Operations Boards are formally constituted by each Area Board as a working group to gather together the views of the wider community and then reflect these in a set of recommendations to the Area Board as to the shape and content of a particular campus. All documentation and recommendations produced will be published by the Area Board and will accordingly be subject to the provisions of the Freedom of Information Act 2000.

The Council notes that:

• The Area Board will in turn fully debate all such recommendations and reach its own decision on the recommendations, if any, that officers should submit on its behalf to Cabinet
• Any formally constituted successor bodies to the shadow Community Operations Boards will be the subject of further recommendations to be considered by Cabinet in due course and these successor bodies will in turn be subject to those governance requirements appropriate to whatever vehicle is chosen.