AN EXTRAORDINARY MEETING of the COUNCIL OF THE BOROUGH OF GOSPORT was held in the Council Chamber at the TOWN HALL, GOSPORT on THURSDAY, the ELEVENTH day of APRIL 2002 at 6.00 PM.
The Mayor (Councillor Wright) (P) (in the Chair);
The Deputy Mayor (Councillor King) (P);
Councillors Allen (P), Mrs Angus (P), Bartlett (P), Mrs Batterbury, Mrs Binfield (P), Mrs Bloodworth, Burgess (P), Mrs Cully (P), Cully (P), Edgar (P), Edwards (P), Farr (P), Gibson (P), Gill, Hayward (P), Hook (P), Kimber (P), Langdon (P), Philpott (P), Redrup (P), Rigg (P), Russell (P), Mrs Salter (P), Mrs Searle, Smith (P), Taylor (P), Train (P) and Mrs Wright (P)
Also in attendance: Honorary Alderman Mrs Bailey.
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APOLOGIES
Apologies for inability to attend the meeting were submitted on behalf of Councillors Mrs Batterbury, Mrs Bloodworth, Gill and Mrs Searle and Honorary Aldermen Foster and Searle.
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MAYOR'S COMMUNICATION
(A) GOSPORT AND FAREHAM RUGBY CLUB
The Mayor reported that the Gosport and Fareham Rugby Club would be competing against Halifax in the Final of the Powergen Cup at Twickenham on Saturday, 20 April 2002. The Mayor would write to the Club expressing the Council's best wishes and support for their appearance in the Final.
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STANDING ORDERS 4.15.1
The Mayor reported that notice had been received requesting that Standing Order 4.15.1 be moved to enable the Chief Executive to present his two reports in connection with the Borough Council Constitution and the Council's Election Cycle.
RESOLVED: That Standing Order 4.15.1 be moved to enable the Chief Executive to present his two reports in connection with the Borough Council Constitution and the Council's Election Cycle.
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BOROUGH COUNCIL CONSTITUTION
Prior to consideration of the Chief Executive's report the Council wished to place on record its thanks to Mr Ferguson and Mr Simpson (consultant) for their hard work in helping to draft the written constitution document now before the council.
It was reported that because of the exceedingly tight time-scale for the preparation of the constitution document a number of amendments or omissions became apparent after the document was issued to Members. Therefore a nine-page report setting out these amendments was submitted to the meeting. The Chief Executive's report, 'amendments' report and the Constitution document are inserted in the Minute Book as Appendix 'C1'.
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ADJOURNMENT
In order for Members to consider the amendments to the Constitution document the Mayor adjourned the Council meeting at 6.07 pm for 15 minutes.
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It was reported that there was a need for the Council to adopt and implement a formal Constitution document in compliance with the provisions of the Local Government Act 2000 and the various Regulations and Statutory Guidance issued by the Government. This had to be done before the end of May 2002. At its meeting on 17 September 2001 the Council had formally agreed to implement a new Constitution based on the "Alternative Arrangements" structure allowed under the legislation. In addition the Council had agreed to operate its proposed new structure on a trial basis prior to adoption of the formal Constitution. As part of that trial certain operating principles, particularly with regard to Scrutiny, had been adopted.
It was emphasised that whilst the Council must adopt a formal Constitution it was expected that this document and its various parts would need to be amended to suit the changing circumstances over time. Indeed there was a statutory requirement that the Council puts in place arrangements for continuous assessment to allow amendment to the Constitution.
In conclusion paragraph 3 of the Chief Executive's report gave an overview of the Constitution and highlighted those documents and parts of documents which incorporated new provisions which affected the Council or where changes were proposed to existing practices and procedures.
The Council considered each of the eight parts of the Constitution:
· Part 1 (Summary and explanation of Constitution)
· Part 2 (Chapters of the Constitution)
· Part 3 (Responsibility for Functions)
· Part 4 (Rules of Procedure)
· Part 5 (Codes and Protocols)
· Part 6 (Members' Allowances)
· Part 7 (Officers' Management Structure)
· Part 8 (Details of Council, Board and Committee Memberships)
MOTION: That the Constitution document, including the Schedules and Annexes, and the 'amendments' to the document be adopted and brought into effect on 2 May 2002.
The Motion was put to the meeting and duly RESOLVED.
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THE COUNCIL'S ELECTION CYCLE
Consideration was given to a report of the Chief Executive (a copy of which is inserted in the Minute Book as Appendix 'C2') concerning the Council's Election cycle.
It was reported that at the Council meeting on 12 February 2002 the Borough Secretary had reported that as regulations had not been issued it was unlikely that the Council would be able to change from its current one third annual elections to the two-yearly elections it had previously favoured. Accordingly, the Council instructed officers to investigate with the DTLR the possibility of changing from one third to four-yearly full Council elections.
As instructed contact was made with the DTLR who had confirmed that it was possible for the Council to apply to the Secretary of State for permission to change to four-yearly elections. This route was far from certain as other authorities had pursued this option under the provisions of the Local Government Act 1972 and been refused. This option was further complicated by the fact that The Secretary of State, who had accepted that the election position between different local authorities was confused, had instructed the Electoral Commission to report on the situation. An officer in the Secretary of State's department had confirmed that until the results of the Commission's findings were known it was unlikely that there would be any change in the Council's election cycle.
It was further reported that shortly after this statement the Council had received a letter from the DTLR which stated that it was now prepared to consider arrangements for the introduction of biennial elections within Gosport, broadly in accordance with its previous request. Due to these conflicting messages officers again contacted the DTLR who confirmed that it was now open to the Council to consider applying for either two-yearly or four-yearly elections or to remain unaltered. A copy of the DTLR's letter is appended to the Chief Executive's report. Although there is no guarantee that any change will be approved it was clear from the latest DTLR letter that two-year elections may well be acceptable.
In conclusion the Chief Executive's report detailed the three options for council elections viz. (a) Option 1 (election by thirds), (b) Option 2 (two year elections) and (c) Option 3 (elect full Council four-yearly). For Option 2 the forthcoming election in May would continue as a full Council election. If legislation was amended in time for the 2003 election (by 'thirds' basis), this election would be cancelled. All councillors would sit for two years until 2004.
MOTION:
(i) That approval be given to Option 2 (two year elections) as the Council's preferred election cycle;
(ii) That the Chief Executive be requested to write to the Secretary of State for formal approval of Option 2 above.
The Motion was put to the meeting and duly RESOLVED.
The Council rose at 6.30 pm.
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