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MEMBERS’ INFORMATION CIRCULAR
JULY 2009
Issued by the Democratic Services Section, Legal and Governance Services Department
Contact: Donna Harris, Democratic Support Officer
E-mail: [email protected] Tel: 020 8424 1228
HARROW COUNCIL MEMBERS' INFORMATION CIRCULAR JULY 2009
ITEM NO TITLE CONTACT TEL EXT
ADULTS AND HOUSING:
1. Adults & Housing Briefing - July 2009: Carole Yarde 5660 (Pages 1 - 2) CHIEF EXECUTIVE:
2. Armed Forces Day - Letter of Thanks: Michael
Lockwood 2001
(Pages 3 - 4) 3. Local Government Ombudsman Annual
Review 2008-09: Michael
Lockwood 2001
(Pages 5 - 18) CHILDREN'S SERVICES:
4. Children's Services Briefing - July 2009: Paul Clark 2980 (Pages 19 - 20) COMMUNITY AND ENVIRONMENT:
5. Community and Environment Services
Briefing - July 09: Bharti Jethwa 2574
(Pages 21 - 22) LEGAL AND GOVERNANCE SERVICES:
6. New Governance Arrangements: Hugh Peart 2272 (Pages 23 - 46)
No updates were received this month from the following Directorates: Finance Place Shaping
Adults & Housing Services – July 2009 updates for Members Neighbourhood Resource Centres From 20 July, three new Neighbourhood Resource Centres (NRCs) will "go live" with our day services provision. Over the next few weeks a number of care management teams will be moving into each NRC with the centres expected to be fully staffed by the end of August 2009. As there are many sensitivities to manage amongst the service user group we have decided to have a "soft launch" with service user opening parties in each site over the next 3 weeks. We will communicate with the Group Offices regarding invitations for these events. A working group has been set up to organise the "official launch" of the buildings in late September 2009. The NRCs will change the way in which we work with adults with learning disabilities, and will provide support to their carers and the communities in which they live. For the first time, the centres will bring together care management, therapy and day services under the same roof. The new NRCs are located as follows:
• Vaughan NRC, on the site of the Vaughan Centre in Wilson Gardens, West Harrow, near West Harrow tube station.
• Byron Park NRC, next to Harrow Leisure Centre, on the site of the former outdoor swimming pool.
• Kenmore NRC, on Kenmore Road, in Kenton. Brave caretakers save boy’s life Housing caretakers Bill Bearden and Tony Johnson usually spend their days maintaining estates across Harrow. But their services were needed when they “saved the life” of an 11-year-old after spotting smoke billowing from a skylight in Headstone Drive, Harrow Weald on 9 July. The story has attracted both local and national media attention. Cllr Macleod-Cullinane, Portfolio Holder for Adults and Housing, said: “These two men displayed admirable courage in saving the life of a young boy trapped in a blazing room. There is no training for that type of situation but they did it instinctively. We must tip our hats to their bravery and the quick thinking which got them into the house and out again in minimal time. These two caretakers really have gone above and beyond the call of duty.” Housing Advice Centre staff join Housing Needs team The housing advice service is no longer contracted out to the Citizens Advice Bureau. As of 1 July, 4 new members of staff joined the Homelessness Prevention Team (to be renamed the Advice and Prevention Team). We look forward to this addition to our staff skill set and the services we are able to provide with a single point of contact in Civic 2. New magazine for older and vulnerable adults A new magazine called Vitality Views has been produced, which is aimed at over 50's and adult social care service users. The magazine’s focus is on health and wellbeing, and contains information about the services the council provides and the activities on offer around Harrow. It is part of our commitment to improving the support and quality of life for our older and more vulnerable residents. A copy of the magazine can be downloaded from the council’s website: http://www.harrow.gov.uk/vitalityviews
Information Item 1Pages 1 to 2
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Our biggest ever adult social care survey Earlier this year we commissioned Ipsos MORI to carry out our largest ever adult social care survey – and one of the most detailed surveys ever undertaken in the country. Below are some of the key findings. Adults with learning disabilities: • 82% said the help and support they received from the council over the last year had either stayed the same or got better.
• 78% thought their daytime activities were good. • 80% felt safe in their day-to-day lives. • 75% had received a care review. Adults in residential and nursing homes: • 64% said the council had done all it could to help them stay at home rather than move into residential care.
• 88% said staff at their care home treat them with dignity and respect.
• 74% agreed that staff listened to what they say. We’ll be looking very closely at the results and will be using them to help us improve the way services are delivered to meet users’ needs. The topline results can be viewed on the council’s website: http://www.harrow.gov.uk/site/scripts/documents_info.php?documentID=1690
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Information Item 2Pages 3 to 4
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Information Item 3Pages 5 to 18
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MONTHLY BRIEFING FOR THE LEADER OF THE COUNCIL AND MEMBERS Children’s Services, July 2009 Achievement and Inclusion Recent Ofsted Inspections • Cannon Lane Middle – Ofsted inspection judged 'good'. • Canons High – Able, Gifted & Talented Ofsted aspect inspection judged 'good'. • Little Stanmore – ICT/e-safety Ofsted aspect inspection judged 'good'. • Harrow Tuition Service – Ofsted inspection judged to be ‘good’. Events • The recent performances of ‘Tosca’ at Glebe and Aylward schools by the POET Opera Project were a
success. • A group from Canons High School performed at Glastonbury, having won “Peace for Art” competition. • Building Schools for the Future conference with High Schools was held on 13th July. • Park High School has been granted pilot ‘Teaching School’ status from October 2009. The head teachers of Priestmead First, Earlsmead, Hatch End High and Park High schools are all retiring at the end of the school year. Integrated Early Years and Community Services Nine children’s centre managers have successfully completed the ‘Yearning for learning’ Leadership and Management Course and will be presented with their certificates by Paul Clark on 20 July. Launch of Grange Children’s Centre – 10th July Grange Children’s Centre is the seventh of the sixteen centres to be opened in Harrow by 2011. The Launch was attended by children and parents/carers from the area as well as linked childcare providers and representatives of Harrow Council and our partners. Children and families were able to look around the centre, meet the staff and find out about the services that are available. A range of activities were enjoyed by all including face painting, henna art, sand and play-dough and children could leave their own mark in the form of a ‘thumb print’ which will form part of a permanent display at the centre. The centre was officially launched by Councillor Anjana Patel, Portfolio Holder for Schools and Children’s Development, who said “I am delighted with the children’s centre strategy in Harrow and this centre is a shining example of how schools, council and health services can work together to make better outcomes for children and their parents/carers”. St Joseph’s and Cedars Children’s Centres are scheduled to be launched in September with Kenmore Park Children’s Centre in October. For more information on Harrow’s children’s centres visit www.childrenatthecentre.org.uk Securing a Healthy start Harrow’s children’s centres and Harrow NHS are working together to drive forward initiatives developed to strengthen the support offered to families to give children a healthy start. Some of these initiatives are already delivered through health based programmes within the children’s centres. These include; • Information, advice and guidance for families • Breast feeding support groups for expectant and first time mothers • Oral health • Nutrition and healthy eating workshops • Community Midwifery services Plans are underway to introduce further developments which will focus on introducing immunisation catch up sessions, preventative and therapeutic programmes on domestic violence for families and access to a named health visitor within all children’s centres across Harrow.
Information Item 4Pages 19 to 20
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Young People’s Services V Talent On Wednesday 15th July, fifteen young people taking part in the V talent programme in Harrow hosted a showcase of the work they had been involved in since starting the project in April. The young people were able to speak not only about the things they were involved in but their personal growth and development. The aim of the project is to offer young people practical experience with a 44 week placement in Children’s Services and a NVQ qualification when they finish. The project ends in February 2010, when there will be a formal celebration to mark their achievements. Young Voices Group On the 13th July, members of the Young Voices Group (Children Looked After) attended the launch of "Seeing Through 2009", an art project the group had taken part in, held at Tate Britain. The project involved creation of sculptural art from discarded items gathered on the banks of the river Thames. The items will be on display at the Tate until the 6th August when they will be returned to Harrow for further display. For more information on V Talent and the Young Voices group contact Therese McAlorum - Participation Team Manager on [email protected]
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Monthly Briefing for the Leader and Members
Date: July 2009 Directorate: Community and Environment Services
1. Positive developments in the next four weeks Community & Cultural Services As part of the London 2012 Cultural Olympiad, a series of events across the country enabling access to excellence in the arts, culture and sport and celebrating three years to go until the opening ceremony of the London 2012 Olympic Games Harrow Arts Centre will be taking part in a London-wide initiative called Open Weekend on 25th July, 11.00am – 4.00pm at Harrow Arts Centre. Harrow Libraries are delighted to be involved in this exciting day, working in partnership with our colleagues on the site, Harrow Arts Centre, Hatch End Pool, Harrow Music Services and Adults & Community Learning to use Open Weekend as a way of attracting families to the Hatch End site and showcasing the wide-range of activities available, with a range free activities for the whole day, including drumming workshops, willow sculptures, storytelling, digital photography, swimming, painting and music Community Development is working with Harrow Association of Somali Voluntary Organisations (HASVO) to host a Somali Youth Conference on Wednesday 29th July at Byron Hall from 12-6pm. The conference aims to draw attention to the dangers of gang crime, knife crime, radicalisation and drugs. The community organisers wish to split the conference into two parts with the first showing the concerns and challenges faced by young Somalis in Harrow. This will include a short DVD produced by the local youth and a theatre production dramatising the daily challenges and experience felt by many young people. The second part of the day will focus on what can be done by local agencies and working towards a better future. This will feature a panel debate featuring key senior managers from across the Council departments responsible for young people and the launch of a new campaign to encourage young people away from gangs and criminal activities. Property & Infrastructure On the 20th July three new Neighbourhood Resource Centres (NRCs) for people with learning disabilities were opened. Byron Park, Kenmore and Vaughan NRCs represents the collaborative work between Community & Environment and Adults & Housing officers informed by consultation with service users and staff. The centres will offer a range of activity sessions and support for people with learning disabilities.
• Provide office hubs for care management, outreach and Self-Directed Support staff • Offer facilities to the wider community, including a cafeteria, links to Access Harrow • The NRCs have been delivered through a Local Finance Improvement Trust (LIFT) using PFI
credits and constitute the first LIFT project in the country buildings to be focussed entirely on social care.
The Hatch End Flood Alleviation Scheme is now in its thrust bore phase, whereby a pipe is thrust through the ground, contacting one pipe to another. The work comprises of 4 stages that will connect diverted floodwater from the east side of Oxhey Lane into the new flood alleviation channel, which was constructed last year. The full scheme is programmed to be operational by September 09.
2. Recent achievement successes Community & Cultural Services The annual Under One Sky festival took place for the fifth year, attracting a record number of 13,000 visitors. The parade included up to 350 children from across 11 schools that all took part in sculpture workshops in the run up to the event. Over 90 organisations provided a range of stalls and more than 200 volunteers helped out on the day, where over 60 community organisations provided performances. Various council departments and partner agencies including health and the police provided information for displays. A community ‘Sports Zone’ was developed featuring contributions from local voluntary sports and partnership organisations in the Borough’s annual show. The ‘Our Harrow Our Community’ campaign bags were distributed at the event alongside Community Development and events information.
Information Item 5Pages 21 to 22
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Public Realm
• The Improvement to our waste fleet is now complete, we received the last of the Euro 5 compliant (the latest grade for environmentally friendly engines) vehicles in July and they all have the new corporate branding.
• We have received delivery of electric glutton mechanical sweepers, which have been deployed in the town centre to improve the cleansing regime and also contribute to emissions reduction for NI 185 and 194.
• We are continuing to engage the Community groups in Harrow on the Hill regarding waste collection, cleansing and grounds maintenance services. This has proved to be a highly effective method of ensuring customer feedback is incorporated into developing and improving services.
• Stem injection guns have been purchased as a means of improving treatment of Japanese Knotweed the highly evasive plant, which can cause damage to flora and properties. The stem injection guns will be used at the 40 sites throughout the borough, were chemical is injected directly into the stem of the plant and the treatment can occur in any weather with this method
Community Safety Graffiti day of Action - Council and Police teams were joined by children from Grimsdyke School to take part in a targeted Day of Action against Graffiti. The pupils helped paint out graffiti tags from walls on local footpaths, which had been targeted by vandals. Councillor Susan Hall has visited the school and presented certificates of thanks to the pupils who took part. This day of action is part of a wider campaign against graffiti vandalism, which is being supported by Envirocrime, ASB Team, Public Realm, Harrow Business Against Crime, Housing and Childrens Services, Police Safer Neighbourhood Teams, Community Payback and Network Rail. Rogue Estate Agents Prosecuted - Sathy Estates Ltd have received a successful prosecution of for duty of care offences and fly tipping offences in Pinner, with fines and costs totalling just under £15,000 being given out by magistrates. The prosecution arose after tenants’ possessions were illegally dumped in a number of areas across the borough. Magistrates noted that Sathy had both encouraged tenants to dump materials and had also dumped possessions without the owners’ consent. Blue Badge Enforcement Exercise - Council teams have carried out a successful operation targeting misuse of disabled Blue Badges. In a single day, one area was targeted and five individuals were found to be using Blue Badges to which they were not entitled. The badges have been confiscated and penalty notices issued to the individuals concerned. Further operations are planned on this issue. Property & Infrastructure
• In the spirit of partnership EnterpriseMouchel sponsored the Under One Sky festival by installing crowd control barriers and generators. They also managed the event’s Acoustic Zone marquee, which showcased a diverse range of entertainment.
• Also at the event Harrow’s It’s Up to All of Us campaign promoted sustainable transport with great results. Transport for London was part of the cycling roadshow, which highlighted various types of bikes and promoted cycle training. Over 4000 visitors learnt more about the borough’s cycle routes, took away walking maps and felt the interactive site was a highlight of the event.
• A new City and Guilds course for Winter Services Operations Management was attended by the Harrow and EnterpriseMouchel Partnership. This was a 2-day course that covered all sorts of issues ranging from legal obligations, winter plans, winter policies, service delivery etc. All those that attended had to sit an exam and all passed.
3. Other Comments Community & Cultural Services The schools arts competition for the ‘Our Harrow Our Community’ campaign attracted 46 entries. The winning artwork will form part of the ‘Our Harrow Our Community’ bus shelter/billboard poster campaign. Property & Infrastructure Kier have set up web cameras at Whitmore High School to show the on-site progress of the project. The views provided are available by using the link www.whitmore-high.com
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New Council Governance Arrangements
The Local Government and Public Involvement in Health Act requires the Council to review how its executive powers are exercised and to adopt new executive arrangements by 31st December 2009. Following a resolution of Cabinet dated 23 April, the Council is currently seeking comments on how its executive powers should be exercised.
For information, attached is a copy of the Cabinet report dated 23rd April, together with a copy of the notice which was published in the Harrow Times on 25th June. The closing date for comments is 6th August 2009.
Information Item 6Pages 23 to 46
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Meeting:
Cabinet
Date:
23 April 2009
Subject:
New Executive Arrangements
Key Decision: No
Responsible Officer:
Hugh Peart, Director of Legal and Governance Services
Portfolio Holder:
Councillor David Ashton, Leader of the Council
Exempt:
No
Section 1 – Summary and Recommendations This report sets out the requirement for the Council to adopt new Executive Arrangements by 31st December 2009, in accordance with the Local Government and Public Involvement in Health Act 2007.
Recommendations:That Cabinet instructs the Director of Legal and Governance Services:
in consultation with the Constitution Review Working Group to carry out public consultation on the adoption of a Leader and Cabinet Executive model;
to report the outcome of that consultation to Cabinet; and to ensure that full Council considers and determines its new Executive
arrangements prior to 31st December 2009 Reason:To ensure that the Council complies with its statutory obligations.
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Section 2 Background and Current Situation
1. Members will be aware that in accordance with the Local Government Act 2000 the Council was able to choose one of three specified forms of executive arrangements. These were:
A Mayor and Cabinet Executive; A Leader and Cabinet Executive; and A Mayor and Council Manager
2. The Council held a referendum in 2001 on the adoption of a Mayoral
model, but this was rejected by 23,554 votes to 17,502. Accordingly the Council adopted the Leader and Cabinet Executive model. The Council’s Constitution currently provides for the Leader and Executive Members to be appointed by full Council at its annual meeting.
The Local Government and Public Involvement in Health Act 2007
3. The Local Government and Public Involvement in Health Act 2007 (‘the 2007 Act’) came into force on 30 October 2007. The Act introduces new executive arrangements, which are now limited to:
a Mayor and Cabinet Executive, or a Leader and Cabinet Executive.
4. The 2007 Act requires that from May 2010, all authorities currently
operating the “old-style Leader and Cabinet Executive” must review and change their governance arrangements. A Council resolution is required to change the Executive arrangements.
5. These changes are aimed at securing strong visible leadership for
Local Authorities.
6. A resolution making the changes must be passed by full Council no later than 31st December 2009. The new arrangements must take effect immediately after the local elections in May 2010.
New Executive Arrangements
7. Under the 2007 Act the Mayor and Cabinet Executive consists of a directly elected Mayor (elected for 4 years following a referendum); and two or more councillors appointed to the executive by the Mayor.
8. The Leader and Cabinet Executive consists of a councillor of the
authority elected as Leader; and two or more councillors of the authority appointed to the executive by the Leader.
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9. The maximum number of members that an executive may have
remains at 10. Leader and Cabinet Executive
10. If the Leader and Cabinet Executive model is adopted, the Leader must be elected at the post-election annual meeting, and their term of office is four years. The Council may include a provision allowing it to remove its Leader during that 4 year term by resolution.
11. The appointment of a Deputy Leader and executive members is down
to the Leader, in contrast to the current situation where Council appoints cabinet members.
Implementation
12. In determining which model to adopt, the Council must consider the extent to which its proposals would assist in securing continuous improvement in the way its functions are exercised, having regard to economy, efficiency and effectiveness.
13. Given the public response to the last referendum, it is proposed to consult on a Leader and Cabinet Executive model, with the inclusion of a provision in the Constitution that the Leader may be removed by resolution of full Council.
14. The Council must take reasonable steps to consult local and other interested people on its proposals, which must include a timetable for implementation.
15. The proposed timetable is as follows:
Report to Cabinet 23rd April 2009
Consultation period May to June
Report to Cabinet on outcome of consultation 17th September
Full Council to consider amendments to Constitution 29th October 2009, to take effect in May 2010
Financial Implications There are no financial implications associated with this report. Performance Issues The new Comprehensive Area Assessment (CAA), points to the importance of leadership and community leadership in performance. The CAA moves the performance focus away from simply measuring progress against national indicators and, instead, looks at how local priorities are determined and how these represent local needs and aspirations. The Organisational Assessment
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aspect of CAA involves assessing the Council’s management of finances, governing our business and managing resources including people, natural resources and assets. The Area Assessment element involves considering how well the Council’s and its partner’s priorities reflect local needs and aspirations, how well services are being delivered in accordance with those priorities and whether there are good prospects for further improvement. The Council’s leadership will be instrumental in ensuring that it plays its full part in developing and embedding community engagement arrangements for the Strategic Partnership and manages performance against current priorities as well as ensuring that its own governance and resource management issues are addressed. In this regard, there is little evidence to date about the relative effectiveness of the two leadership models available to the Council. The Mayoral model has, in some areas, promoted greater public involvement and interest in public affairs while the Leader and Cabinet model may be more likely to ensure clarity of political direction. Environmental Impact
None
Risk Management Implications Risk included on Directorate risk register? No Separate risk register in place? No There is a risk that if the new arrangements are not adopted by 31st December 2009, the Secretary of State may issue an order specifying a form of executive arrangements, and the arrangements will be treated as having been made by the local authority itself. The proposed timetable, which allows some ‘slippage’, will mitigate this risk.
Section 3 - Statutory Officer Clearance
on behalf of the*
Name: Sheela Thakar � Chief Financial Officer Date: 9 April 2009
Name: Hugh Peart � Monitoring Officer Date: 9 April 2009
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*Delete the words “on behalf of the” if the report is cleared directly by Myfanwy or Hugh. Section 4 – Performance Officer Clearance
on behalf of the*
Name: Mike Howes � Divisional Director Date: 14 April 2009
(Strategy and Improvement)
Section 5 – Environmental Impact Officer Clearance
on behalf of the*
Name: Andrew Baker � Divisional Director Date: 9 April 2009
(Environmental Services)
*Delete the words “on behalf of the” if the report is cleared directly by John Edwards Section 6 - Contact Details and Background Papers Contact: Elaine McEachron [email protected] Tel: 020 8420 9414 Background Papers: Local Government and Public Involvement in Health Act 2007
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New Council Governance Arrangements
The Local Government and Public Involvement in Health Act 2007 requires all Councils to review how their ‘executive powers’ are exercised.
Any changes should to secure strong visible leadership, encourage accountability and lead to more effective decision-making.
Harrow Council is proposing that its executive powers be exercised by the Leader of the Council and that the Leader should be elected by councillors for a four year term.
Under this proposal, the Leader would: hold office for up to four years and could only be voted out of office by a
resolution of the full Council appoint a Cabinet of at least two, but no more than nine councillors make executive decisions alone, delegate them to individuals or to the
Cabinet collectively be held to account by the Overview & Scrutiny Committee.
We’d welcome your comments on these proposals, full details of which are available at the Council’s Offices Civic Centre Station Road Harrow HA1 2UH for inspection during normal office hours.
To make comments email [email protected] or write to Legal & Governance Services P O Box 2 Civic Centre Station Road Harrow HA1 2UH marking the envelope “New Council Governance Arrangements”.
The deadline for comments is 6 August 2009.
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Gov/001-002/233391
LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH ACT 2007 EXECUTIVE ARRANGEMENTS
PROPOSALS FOR CHANGES TO THE CONSTITUTION OF HARROW COUNCIL
1. PURPOSE
This document sets out the proposed changes to the Constitution of the
Council, to meet the requirements of the Local Government and Public
Involvement in Health Act 2007 (“the 2007 Act”).
The Council is consulting on the proposed changes and invites comments
from members of the public. Once the consultation has ended, the outcome
will be reported to Cabinet in September. A special meeting of the Council
will be held to consider and approve the proposed changes.
2. CHANGES TO THE CONSTUTION The 2007 Act places a duty on the Council to agree changes to its
Constitution by 31st December 2009 and to implement those changes after
the local borough elections in May 2010.
In summary, the Council is required to move from the ‘old style’ Leader and
Cabinet Executive, to a ‘new style’ Leader and Cabinet Executive. This
means that the Council must change their current governance
arrangements and adopt the following:
(a) A Leader who is elected at the post-election annual meeting of the
Council whose term of office is four years
Currently the Constitution requires the Leader to be elected annually.
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(b) A proviso that the Leader may only be removed from office during that
four year term by resolution of the full Council.
Currently, the Constitution provides for the removal of the Leader from
office by resolution of the full Council, notice of which must appear on
the agenda.
(c) Clarification on what happens if the Council votes to remove the Leader,
i.e a new Leader is elected at that meeting or at a subsequent meeting.
Currently the Constitution does not state explicitly what must happen if
the Council votes to remove the Leader from office.
(d) A Deputy Leader who is appointed by the Leader and who holds office
until the end of the Leader’s term of office, unless removed by the
Leader.
Currently the Constitution provides for the election of the Deputy Leader
at the annual meeting of the Council.
(e) Two or more Councillors forming the executive who are appointed by the
Leader.
Currently the Constitution provides for the Cabinet to be appointed by
Council.
3. PROCESS FOR IMPLEMENTING THE CHANGES
The Council proposes the following timescale for implementing the changes:
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Consultation on the proposed changes: May to June
Report to Cabinet on the outcome of the consultation 17 September
2009
Special meeting of Council to consider the propose changes 29th
October 2009
Implementation of the changes to take effect in May 2010.
4. SCHEDULE OF AMENDMENTS TO THE CONSTITUTION
The proposed amendments are set out in Appendix 1 to this document, and
should be read in conjunction with the Council’s Constitution.
5. COMMENTING ON THE PROPOSED AMENDMENTS
If you could like to comment on the proposed amendments, please do so by
6 August 2009 sending your comments to:
Legal & Governance Services
P O Box 2
Civic Centre
Station Road
Harrow HA1 2UH
email [email protected]
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SCHEDULE OF AMENDMENTS TO THE CONSTITUTION
Part 1, Summary and Explanation
Page 1-2 How decisions are made
The Executive is the part of the Council, which is responsible for most day to day decisions. The Executive is made up of the Leader and between two and nine other councillors appointed by the Council, this group is also known as the Cabinet. The Executive is made up of the Leader of the Council and between two and nine other councillors. This group is known as the Cabinet.
When major decisions are to be discussed or made, they must be published in the Council’s Forward Plan in so far as they can be anticipated. This Forward Plan will be regularly updated and is available to the public so they can monitor all the important decisions made by the Executive. When these major decisions are to be discussed at a meeting of the Executive (or Cabinet), these meetings will be open to the public to attend, except where personal or confidential matters are to be discussed.
The Executive has to make decisions, which are in line with the Council’s overall policies and budget. If it wishes to make a decision, which is outside the budget or policy framework, this must be referred to the Council as a whole to decide (unless the matter is so urgent that special arrangements have to apply).
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Part 2 – Articles of the Constitution
Article 4, The Full Council
Page 2 4.02 Functions of the full Council
Only the Council will exercise the following functions:
(d) determining the size of the Executive;
(g) appointing the Leader and Members of the Executive;
(d) appointing the Leader of the Council at the post-election annual Council meeting or at any subsequent meeting, should the serving Leader cease to be the Leader
(e) removing the Leader of the Council by resolution
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Part 2 – Articles of the Constitution
Article 7, The Executive
7.02 The Form and Composition of the Executive
The Council will determine the size and membership of the Executive and will appoint Members to the Executive.
The Leader of the Council will determine the size and membership of the Executive and appoint Members to the Executive. When determining the allocation of responsibilities (see Part 3 of the Constitution) the CouncilLeader will also determine any delegations to individual Members (of the Executive) who will be known as Portfolio Holders.
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 Council. Leader.
There may be no co-optees, deputies nor substitution of Executive Members. Neither the Mayor nor Deputy Mayor of the Council may be appointed to the Executive. Members of the Executive may not be Members of the Overview or Scrutiny Committee or one of its sub-committees.
Assistants to Portfolio Holders may be appointed by the Leader Executive.Assistants will not be members of the Executive and will be unable to exercise any of the delegated powers of the Portfolio Holder. Assistants will be Members of the Council.
7.03 The Leader
The Leader will be a Councillor elected to the position of Leader by the Council at the post-election annual meeting and who will hold office for a term of four years.
The Leader will hold office until:
(a) he/she or she resigns from the office; or
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(b) he/she or she is suspended from being a Councillor under Part III of the Local Government Act 2000 (although he or she may be re-appointed at the end of the period of suspension); or
(c) he/she or she is no longer a Councillor; or
(d) he or she leaves the political group of which they are a Member; or
(e) he/she is removed from office by resolution of the Council, notice of which must appear on the agenda.
If the serving Leader ceases to be Leader for one of the above reasons, the Council will elect a new Leader.
7.04 Other Executive Members
Other Executive Members shall be appointed to the Executive by the Council Leader and shall hold office until:
(a) they resign from office; or
(b) they are suspended from being a Councillor under Part III of the Local Government Act 2000 (although they may be re-appointed at the end of the period of suspension); or
(c) they are no longer Councillors; or
(d) they leave the political group of which they were a Member; or
(e) they are removed from office either individually or collectively by the Leader by resolution of the Council, notice of which must appear on the agenda.
Changes by the Leader to the membership of the Cabinet will take effect immediately but will be reported to Council at its next meeting.
An Appendix to this Article lists the Councillors who have been appointed to the Executive and any portfolio responsibilities they hold.
Part 3A of the Constitution includes a full description of the responsibilities of portfolio holders.
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7.05 Deputy Leader
The Leader will appoint one member of the Cabinet as his/her deputy to assume the full powers of the Leader in any circumstances in which the Leader is unable to act. The Deputy Leader will also act as Leader if the post of Leader is vacant, until such time as a Leader is appointed by the Council.
The Deputy Leader will hold office until the end of the Leader’s term of office, unless removed by the Leader or for any of the reasons set out in 7.04. (a) to (e) above.
7.056 Vacancies in the Executive
If at any time a Member, by virtue of Article 7.03 or 7.04, ceases to be a Member of the Executive, the responsibilities of that Member shall be carried out by the Leader or the Deputy Leader Executive collectively until such time as the Council Leader have appointed appoints a replacement, or where appropriate, re-appointed the Member concerned.
In the event that the Leader and all Members of the Executive are removed or have been disqualified from office, the Head of Paid Service shall, in the interim, carry out Executive functions.
7.067 Temporary Absence of Leader or Deputy Leader or other Portfolio Holder
In the temporary absence of the Leader or other Portfolio Holder, decisions may be taken in accordance with the Scheme approved by the Leader and notified to the Council approved by Council on 31st May 2006(see Role of Portfolio Holders in Part 3 of the Constitution and Delegated Power of Portfolio Holders in the Appendix to the Executive Procedure Rules).
7.078 Special Provision to take urgent action in an election year
(a) That following a Borough Election and until the day of the Annual Meeting the Leader or a Portfolio Holder will, if the political group to which they belong do not have a majority of members on the Council, consult and ensure consensus with the Leaders of one or more other groups that together form a majority of members on the Council;
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(b) That following a Borough Election and until the day of the Annual Meeting, if the Leader and Deputy Leader are no longer Councillors, the powers of the Leader shall be exercised by the Head of Paid Service in consultation with all group Leaders.
7.089 Proceedings of the Executive
Proceedings of the Executive will take place in accordance with the Executive Procedure Rules set out in Part 4 of this Constitution.
7.0910Responsibility for Functions
The Chief Executive 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.
These will usually be agreed presented by the Leader each year at the Annual Council Meeting but may also be amended by the Leader Council in the course of the year and reported to the next Council meeting.
7.101 Executive sub-committees
The Executive may establish sub-committees to carry out Executive functions. Such sub-committees must consist only of Executive Members.
7.112 Advisory Panels
The Executive may appoint Advisory Panels to assist in the carrying out of Executive functions. Any such panels may not exercise any Executive functions and may only give advice or make recommendations to the Executive, Portfolio Holders or Council as appropriate. Non-Executive Members may be members of such Panels. Specific Procedural Rules apply to these Panels (see part 4 - Advisory Panel and Consultative Forum Procedure Rules) unless specifically approved otherwise by the Executive. The rules on political proportionality will apply to membership of Panels. The terms of reference of all Advisory Panels are set out in Part 3A of the Constitution.
7.123 Consultative Forums
The Executive may appoint Consultative Forums. These non-decision making bodies shall assist the Executive in consulting with service users,
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trades’ unions and other interested parties. They may make recommendations to the Executive (or elsewhere as appropriate) if a majority of the Council members on the Forum agree. The Procedure Rules for Advisory Panels and Consultative Forums apply to these forums subject to specific changes for membership and method or operation proposed by each Forum and approved by Council. The rules on political proportionality will apply to the appointment of Councillors to the Forums.
7.134 Assistants to Portfolio Holders
Non-Executive Councillors may be appointed as assistants to Portfolio Holders. These assistants may not exercise any of the powers of a Portfolio Holder nor act in the absence of the Portfolio Holder. Confirmation of the appointment of any assistants must be given by the Executive Leader.
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Part 3 – Matters reserved to the Council and Terms of reference and Delegation of Duties to Committees and Sub-Committees of the Council
Page 3-2 to 3-2 The Full Council
1. Powers and Duties of the full Council
(f) determining the size of the Executive;
(g) appointing the Leader and Members of the Executive;
(f) appointing the Leader of the Council at the post-election annual Council meeting or at any subsequent meeting, should the serving Leader ceases to be the Leader;
(g) removing the Leader of the Council by resolution;
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Part 4 – Procedure Rules
Part 4A Council Procedure Rules
1. ANNUAL MEETING OF THE COUNCIL
1.1 Date and Business for Annual Meeting of the Council
In a year when there is an ordinary election of Councillors, the Annual Meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, the Annual Meeting will take place in March, April or May.
The Annual Meeting will:
(i) elect a person to preside at the Annual Meeting if the Mayor is not present;
(ii) appoint elect the Mayor for the Borough of Harrow Council;
(iii) receive the Mayor’s nomination for the Deputy Mayor of the Borough;
(iv) receive the results of the Borough Elections (in an election year);
(v) elect the Leader of the Council; (v) elect the Leader of the Council (in an election year)
(vi) elect the Deputy Leader of the Council;
(vi) receive notification from the Leader of the Council of the name of the Member appointed as his/her Deputy Leader (in an election year)
(vii) agree the number of Members to be appointed to the Executive and elect those Members to the Executive;
(viii) Receive notification from the Leader of the Council of the number of Members he/she is appointing to the Cabinet, their names and their portfolios;
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(viii) take as read and approve the minutes of the last meeting;
(ix) receive any announcement from the Mayor or Leader;
(x) receive any declarations of interests from Members;
(xi) establish at least one Overview and Scrutiny Committee, a Standards Committee and such other Committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Executive functions (as set out in Part 3, of this Constitution);
(xii) to appoint Councillors (and co-optees if appropriate) to the membership of the Committees of the Council and to appoint reserve Members and Chairs to those Committees, save for Standards Committee, which will appoint its own Chair (see also 1.2 below);
(xiii) agree annually the Allocation of Responsibilities (Scheme of Delegation) as set out in Part 3 of this Constitution;
(xiv) approve a programme of ordinary meetings of the Council for the year; and
(xv) consider any other business set out in the notice convening the meeting.
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Part 4 (d) Executive Rules
Executive Procedure Rules
3. Delegation by the Executive
3.1 The Leader or in the absence of the Leader the Deputy Leader will present to the Council a written record of delegations made by him/her for agreement at the Annual Meeting of Council or at the next Council Meeting, recommendations for any changes for inclusion to in the Allocation of Responsibilities (set out in Part 3 of this Constitution).
3.2 The document presented by the Leader or in the absence of the Leader the Deputy Leader must contain the following information relating to Executive functions in the ensuing Municipal Year:
(a) the name of the Executive Member who will serve as Deputy Leader;;
(b) the names and wards of the Councillors proposed forappointment appointed to the Executive
(c) the nature of the portfolios to be held by each Executive Member;
(d) the extent of any authority delegated to those Executive Members individually, including details of the limitation on their authority;
(e) the nature and extent of any deputising arrangements within the Executive;
(f) any changes to the terms of reference and constitution of such Executive sub-committee/s and the names of the Executive Members appointed to them;
(g) any changes to the nature and extent of any delegation of Executive functions to any other authority or any joint arrangements and the names of those Executive Members appointed to any joint committee for the coming year;
(h) any changes to the nature and extent of any delegation of Executive functions to officers with details of any limitation
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on that delegation, and the title of the officer to whom the delegation is made; and
(i) any changes to the terms of reference of any Advisory Panels and Consultative Forums to be established under Rule 2.3 above and names of all Members appointed.
3.3 In an election year the documents referred to in 3.2 above must be presented by the Leader or in the absence of the Leader the Deputy Leader to the first Council meeting following the Annual Meeting. This may be a special meeting convened for the purpose.
4. Sub-delegation of Executive Functions
The Executive, or an individual Member of the Executive, may delegate functions for which they are responsible only to the extent permitted within the Allocation of Responsibilities in Part 3 of the Constitution.
5. The Council’s Allocation of Responsibilities and Executive functions
5.1 The Council’s Allocation of Responsibilities will usually be adopted by the Council at its Annual Meeting. However, in years where whole Borough elections are held, notification of the Allocation of Responsibilities may be agreed presented at the next Council meeting after the Annual Meeting.
5.2 The Executive, or individual Member of the Executive exercising functions by virtue of the Allocation of Responsibilities, may make proposals for changes to the Allocation of Executive responsibilities, but any such proposals must be agreed by Cabinetthe Leader and reported to the next available Council meeting.
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