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Broads Authority Agenda and Reports in Full

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Broads Authority Agenda and Reports in Full AGENDA 20 March 2015 10.00am Time Page 1. To receive apologies for absence and welcome 10.00 2. Chairman’s Announcements 3. Appointments (a) To invite nominations for the Appointment of Interim Chairman of the Authority until the Annual Meeting in July 2015 (b) Change of Solicitor and Monitoring Officer 4 – 7 Report by Head of Governance and Executive Assistant (herewith) 8 – 27 (c) Appointment of the Navigation Committee and Appointment of Two Interim Co-opted Members to the Broads Authority Report by Head of Governance and Executive Assistant (herewith) 4. Introduction of Members and Declarations of Interest 5. To note whether any items have been proposed as matters of urgent business 6. Public Question Time 10.30 28 – 29 To note whether any questions have been raised by members of the public Question submitted by Nick South (herewith) Question submitted by Angelika Harris (herewith) Additional Questions submitted by Peter Riches and Additional 2 Statement and Questions submitted by Geldeston Parish pages Council (herewith) 7. To receive and confirm the minutes of the Broads 30 – 51 Authority meeting held on 23 January 2015 (herewith) 8. Summary of Progress/Actions Taken following 52 – 61 Decisions of Previous Meetings To note schedule (herewith) 1 Time Page PRESENTATION 9. Broads Reed and Sedge Cutting Association 10.35 62 – 64 Presentation by Richard Starling (Chairman of BRASCA) STRATEGY AND POLICY 10. Stakeholders Action Plan 11.00 65 – 71 Report by Director of Planning and Resources (herewith) 11. Strategic Direction 72 – 80 Report by Chief Executive (herewith) To include: Progress on Strategic Priorities 2014/15 12. Strategic Priorities 2015/16 81 – 83 Report by Strategy and Projects Officer (herewith) 13. Financial Performance and Direction 84 – 100 Report by Head of Finance (herewith) To include: (1) Consolidated Income and Expenditure from 1 April – 31 January 2015 (2) Annual Investment Strategy 14. Disposal of Geldeston Woodland 101 – 102 Report by Asset Officer (herewith) 15. External Funding Opportunities 103 – 108 Report by Head of Strategy and Projects (herewith) 16. Broads Authority Safety Management System External 109 – 135 Audit Report by Head of Safety Management (herewith) GOVERNANCE 17. Committee Membership and Member Appointments to 13.00 136 – 138 Outside Bodies Report by Head of Governance and Executive Assistant (herewith) REPORTS FOR INFORMATION 18. The Port Marine Safety Code: To consider any items of 13.10 business raised by the Designated Person in respect of the Port Marine Safety Code 19. Consultation on the Update to the River Basin 139 – 150 2 Time Page Management Plan Report by Head of Strategy and Projects (herewith) 20. Feedback from Lead Members and those appointed to represent the Authority MINUTES TO BE RECEIVED 21. To receive minutes of the following meetings: 13.30 Planning Committee – 9 January 2015 (herewith) 151 – 162 Planning Committee – 6 February 2015 (herewith) 163 – 177 Broads Forum – 5 February 2015 (herewith) 178 – 184 Financial Scrutiny and Audit Committee – 10 February 185 – 194 2015 (herewith) Navigation Committee – 26 February 2015 (herewith) 195 – 207 22. To note the date of the next meeting – Friday 15 May 2015 at 10.00 am at Yare House, 62-64 Thorpe Road, Norwich MATTERS FOR DECISION 23. To consider any other items of business which the 14.00 Chairman decides should be considered as a matter of urgency pursuant to Section 100B (4)(b) of the Local Government Act 1972 24. To answer any formal questions of which due notice has been given 25. Exclusion of the Public The Authority is asked to consider exclusion of the public from the meeting under Section 100A of the Local Government Act 1972 for the consideration of the items below on the grounds that they involve the likely disclosure of exempt information as defined by Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Act as amended, and that the public interest in maintaining the exemption outweighs the public benefit in disclosing the information. 26. To receive the exempt minute of the Navigation 208 Committee meeting held on 26 February 2015 27. Lease of Moorings 209 – 213 Report by Head of Planning and Asset Officer (herewith) 3 Broads Authority 20 March 2015 Agenda Item No 3(b) Change of Solicitor and Monitoring Officer Report by Head of Governance and Executive Assistant Summary: This report seeks the Authority’s formal appointment to the position of Monitoring Officer for the Broads Authority. Recommendation: That the Authority approves the appointment of Piero Ionta as the Monitoring Officer for the Broads Authority, with effect from 20 March 2015. 1 Introduction 1.1 The Authority must, under section 5 of the Local Government and Housing Act, appoint a Monitoring Officer. 1.2 The Monitoring Officer is a statutory post and as with other statutory posts such as the Chief Executive, this appointment must be confirmed by the full Authority. 1.3 The role of Monitoring Officer has been filled by Victoria McNeill, of Nplaw since March 2010. Following the creation of the post of Solicitor and Monitoring Officer, Mr Piero Ionta was appointed and began in post as of 2 February 2015. 2 Role of the Monitoring Officer 2.1 The requirement to appoint a Monitoring Officer, and the functions of the Monitoring Officer are set out in section 5 of the Local Government and Housing Act 1989 (LGHA 1989), as amended by schedule 5, paragraph 24 of the Local Government Act 2000. 2.2 The Authority is required to designate one of its officers as a ‘monitoring officer’ and ‘to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties to be performed’. The Monitoring Officer may be the head of an authority’s paid service, but cannot be its chief finance officer. 2.3 The duties of the Monitoring Officer include: Reporting to the Authority in any case where the Monitoring Officer is of the opinion that any proposal or decision of the Authority has or is likely to give rise to any illegality or maladministration. PI/RG/rpt/ba200315//Page 1 of 4/090315 4 To be responsible for matters relating to the conduct of members and officers, including investigations into allegations about the conduct of Members. To be responsible for the operation of the Authority’s “constitution”. A requirement to appoint a deputy Monitoring Officer. 2.4 The first two duties are specific statutory requirements; the remainder flow from them. 2.5 A fuller specification of the Monitoring Officer role is set out at Appendix 1 to this report. 3 Conclusion 3.1 The Authority is requested to confirm the appointment of Piero Ionta as the Monitoring Officer to the Broads Authority. Background papers: None Author: John Organ Date of report: 23 February 2015 Broads Plan Objectives: None Appendices: APPENDIX 1 – Functions of the Monitoring Officer PI/RG/rpt/ba200315//Page 2 of 4/090315 5 APPENDIX 1 Functions of the Monitoring Officer The Monitoring Officer would be expected to deliver functions as outlined in the schedule below: Working with relevant officers of the Authority the Source of requirement: Monitoring Officer will: 1. Report to the Authority on contraventions or likely Section 5 LGHA 1989 contraventions of any enactment or rule of law 2. Report to the Authority any maladministration or Section 5 LGHA 1989 injustice where the Ombudsman has carried out an investigation 3. Report to the Authority on resources required to Section 5 LGHA 1989 carry out functions 4. Appoint a Deputy Monitoring officer Section 5 LGHA 1989 5. Arrange for members to sign the undertaking to Accepted authority abide by the Code of Conduct before taking up practice their appointment with the Authority 6. Arrange for members to notify the Monitoring Members Code of Officer of any disclosable pecuniary, personal or Conduct prejudicial interests within 28 days of becoming aware of any new interest or change in any interest registered 7. Arrange for members to notify the Monitoring Section 30 Localism Act Officer of any disclosable pecuniary, personal or 2011 and Members Code prejudicial interests within 28 days of becoming a of Conduct member of the Authority 8. Maintain the register of gifts and hospitality and Section 29 of the Localism register of members interests Act 2011 and Members Code of Conduct 9. Provide advice to Members on the Code of Accepted authority Conduct practice 10. Provide advice to the Financial Scrutiny and Accepted authority Audit Committee on the standards framework practice and its application 11. Investigate and report on allegations of Accepted authority misconduct under the Code of Conduct practice PI/RG/rpt/ba200315//Page 3 of 4/090315 6 Working with relevant officers of the Authority the Source of requirement: Monitoring Officer will: 12. Appoint a person to investigate and report on Accepted authority allegations of misconduct under the Code of practice Conduct 13. Arrange relevant hearing to consider reports from Accepted authority the Monitoring Officer, or other Investigating practice Officer, on allegations of misconduct by a member 14. Promote and maintain high standards of conduct Chapter 7 – Standards through support to the Financial Scrutiny and Localism Act 2011 Audit Committee 15. Make payments of compensation for Section 92 LGA 2000 maladministration 16. Provide Advice to members on vires issues, DCLG guidance maladministration, probity and policy framework, financial impropriety and budget issues in consultation with the Chief Finance Officer where appropriate 17. Investigate complaints against a member not Accepted authority covered by the Code of Conduct practice PI/RG/rpt/ba200315//Page 4 of 4/090315 7 Broads Authority 20 March 2015 Agenda Item No 3(c) Appointments to the Navigation Committee and Appointment of Two Co-opted Members to the Broads Authority Report by Head of Governance and Executive Assistant Summary: This report outlines the process which has been used in making appointments to the Navigation Committee in accordance with section 9 of the Norfolk and Suffolk Broad Act 1988, and sets out the recommendations of the selection panel and results of the subsequent consultation process.
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