Public Document Pack
Summons to attend meeting of Full Council
Date: Tuesday, 21 May 2019 Time: 2.00 pm Venue: Council Chamber, City Hall
To: All Members of Council
Members of the public attending meetings or taking part in Public forum are advised that all Full Council are now filmed for live or subsequent broadcast via the council's webcasting pages. The whole of the meeting is filmed (except where there are confidential or exempt items) and the footage will be available for two years. If you ask a question or make a representation, then you are likely to be filmed and will be deemed to have given your consent to this. If you do not wish to be filmed you need to make yourself known to the webcasting staff. However, the Openness of Local Government Bodies Regulations 2014 now means that persons attending meetings may take photographs, film and audio record the proceedings and report on the meeting (Oral commentary is not permitted during the meeting as it would be disruptive). Members of the public should therefore be aware that they may be filmed by others attending and that is not within the council’s control.
Issued by: Sam Wilcock, Democratic Services City Hall, PO Box 3167, Bristol, BS3 9FS Tel: 0117 92 23846 E-mail: [email protected] Date: Friday, 10 May 2019 Full Council – Agenda Agenda
1. Welcome and Safety Information Please note: if the alarm sounds during the meeting, everyone should (Pages 5 - 6) please exit the building via the way they came in, via the main entrance lobby area, and then the front ramp. Please then assemble on the paved area between the side entrance of the cathedral and the roundabout at the Deanery Road end of the building.
If the front entrance cannot be used, alternative exits are available via staircases 2 and 3 to the left and right of the Council Chamber. These exit to the rear of the building. The lifts are not to be used. Then please make your way to the assembly point at the front of the building. Please do not return to the building until instructed to do so by the fire warden(s).
2. Apologies for Absence
3. Election of Lord Mayor
4. Election of Deputy Lord Mayor
5. Minutes of the Previous Meeting (Pages 7 - 28) 6. Declarations of Interest To note any declarations of interest from the Councillors. They are asked to indicate the relevant agenda item, the nature of the interest and in particular whether it is a disclosable pecuniary interest.
Any declarations of interest made at the meeting which is not on the register of interests should be notified to the Monitoring Officer for inclusion.
7. Lord Mayor's Business
8. Written Public Statements Full Council – Agenda
Under the Council’s constitution, there is no provision for public forum at the Annual Council meeting. However, in consultation with the Mayor and Party Group Leaders, the Lord Mayor has determined that written statements from members of the public will be accepted for this meeting on the following basis:
1. The wording of all written statements must be submitted by the deadline of midday the day before the meeting, Monday 20th May 2019. Please note that public questions are not permitted on this occasion. Statements should be sent to [email protected] 2. Statements for this meeting must be about the reports included on the agenda. 3. Details of all statements submitted will be sent to the Lord Mayor, Mayor and all Councillors as soon as possible after the above deadline. 4. Please note there will not be an opportunity at the meeting for the oral presentation of any statements.
9. Establishment of Committees 2019-2020 and Human Resources Committee Terms of Reference (Pages 29 - 36) 10. Allocation of Committee seats (Pages 37 - 46) 11. Dates and Times of Full Council meetings 2019-2020 (Pages 47 - 48) 12. Pay Policy Statement 2018-2019 (Pages 49 - 57) 13. Information Report: Decisions Taken Under Special Urgency Provisions (Pages 58 - 60)
Signed Full Council – Agenda
Proper Officer Friday, 10 May 2019 Agenda Item 1
www.bristol.gov.uk
Public Information Sheet - Full Council
Ceremonial Business – Full Council
Please note that the Annual Meeting of Council includes the Mayor Making ceremony, where the Lord Mayor for the 19/20 Municipal Year will be appointed. As such, the seating in the public gallery is primarily reserved for guests of the incoming Lord Mayor. An overflow room for viewing the proceedings via video screen will be available if capacity in the gallery is exceeded
Public Forum – Full Council
You can find papers for all our meetings on our website at www.bristol.gov.uk.
Under the Council’s constitution, there is no provision for public forum at the Annual Council meeting. However, in consultation with the Mayor and Party Group Leaders, the Lord Mayor has determined that written statements from members of the public will be accepted for this meeting on the following basis: 1. The wording of all written statements must be submitted by the deadline of midday the day before the meeting, Monday 20th May 2019. Please note that public questions are not permitted on this occasion. Statements should be sent to [email protected] 2. Statements for this meeting must be about the reports included on the agenda. 3. Details of all statements submitted will be sent to the Lord Mayor, Mayor and all Councillors as soon as possible after the above deadline. 4. Please note there will not be an opportunity at the meeting for the oral presentation of any statements.
By participating in public forum business, we will assume that you have consented to your name and the details of your submission being recorded and circulated. This information will also be made available at the meeting to which it relates and placed in the official minute book as a public record.
We will try to remove personal information such as contact details. However, because of time constraints we cannot guarantee this, and you may therefore wish to consider if your statement contains information that you would prefer not to be in the public domain. Public Forum statements will not be posted on the council’s website.
Other formats and languages and assistance for those with hearing impairment Other o check with and You can get committee papers in other formats (e.g. large print, audio tape, braille etc) or in community languages by contacting the Democratic Services Officer. Please give as much notice as possible. We cannot guarantee re-formatting or translation of papers before the date of a particular meeting.
Page 5 www.bristol.gov.uk
Committee rooms are fitted with induction loops to assist people with hearing impairment. If you require any assistance with this please speak to the Democratic Services Officer.
Security Arrangements for Full Council
Please note: if the alarm sounds during the meeting, everyone should please exit the building via the way they came in, via the main entrance lobby area, and then the front ramp. Please then assemble on the paved area between the side entrance of the cathedral and the roundabout at the Deanery Road end of the building.
If the front entrance cannot be used, alternative exits are available via staircases 2 and 3 to the left and right of the Council Chamber. These exit to the rear of the building. The lifts are not to be used. Then please make your way to the assembly point at the front of the building. Please do not return to the building until instructed to do so by the fire warden(s).
The public gallery in the Council Chamber is available to observe the Full Council meeting.
The Lord Mayor has determined: • Attendees should please be quiet and not interrupt proceedings. • Large bags will be left at reception. All loud hailers, banners, and placards must be left at the main entrance and will not be permitted to be brought into the building. • The Council reserves the right to remove any person who disrupts the proceedings. In appropriate circumstances, the police may be called.
Under our security arrangements, all members of the public (and bags) will be searched. This applies to all members of the public attending the meeting in the interests of helping to ensure a safe meeting environment for all attending. Visitors’ bags are liable to be searched prior to entry, and entry is conditional upon visitors consenting to be searched. Searches are carried out to ensure that no items which may interrupt proceedings are brought into the building. This includes weapons, loud hailers, banners, and placards. Small notices may be acceptable if they are not obstructive or offensive (no more than A4 size).
Page 6 Public Document Pack Agenda Item 5
Bristol City Council Minutes of the Full Council
19 March 2019 at 6.00 pm
Members Present:- Councillors: Mayor Marvin Rees, Peter Abraham, Donald Alexander, Lesley Alexander, Nicola Beech, Nicola Bowden-Jones, Harriet Bradley, Mark Brain, Charlie Bolton, Tom Brook, Fabian Breckels, Tony Carey, Barry Clark, Jos Clark, Stephen Clarke, Harriet Clough, Eleanor Combley, Asher Craig, Chris Davies, Carla Denyer, Kye Dudd, Richard Eddy, Jude English, Martin Fodor, Helen Godwin, Geoff Gollop, John Goulandris, Fi Hance, Margaret Hickman, Claire Hiscott, Helen Holland, Gary Hopkins, Chris Jackson, Hibaq Jama, Carole Johnson, Steve Jones, Anna Keen, Tim Kent, Gill Kirk, Cleo Lake, Mike Langley, Jeff Lovell, Brenda Massey, Olly Mead, Matt Melias, Graham Morris, Anthony Negus, Paula O'Rourke, Steve Pearce, Celia Phipps, Ruth Pickersgill, Kevin Quartley, Liz Radford, Jo Sergeant, Afzal Shah, Steve Smith, Paul Smith, Clive Stevens, Jerome Thomas, Mhairi Threlfall, Estella Tincknell, Jon Wellington, Mark Weston, Lucy Whittle and Mark Wright
Aldermen in Attendance:- Royston Griffey, John McLaren, Aurthur Massey, Christopher Orlik, Brian Price, Stephen Williams, Rosalie Walker.
1. Welcome, Introductions and Safety Information
The Lord Mayor welcomed all attendees to the meeting, and made a safety announcement in relation to the fire/emergency evacuation procedure.
2. Apologies for Absence
Apologies were received from Councillors Bradshaw, Khan, Mike Davies and Windows.
3. Minutes of the Previous Meeting
On the motion of the Lord Mayor, seconded by Councillor Hance, it was
RESOLVED: That the minutes of the meeting of the Full Council held on the 26 February 2019 be confirmed as correct record and signed by the Lord Mayor.
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4. Declarations of Interest
The following interests were declared with reference to item 11, Motion 2: Councillor Sergeant – spouse is an employee of the Brunel Pension Partnership. Councillor Langley – a retired employee of FirstBus Councillor Kent highlighted that a number of Councillors were members of the Avon Pension Fund either as former officers or as Councillors.
5. Lord Mayor's Business
A multi faith event would take place at the Lord Mayors Chapel on Thursday 4th April at 7pm to which all were welcome to attend. There would be a discussion about conflict resolution.
The Lord Mayor reported that she had been impressed by the enthusiasm of all the children she had met on her schools tour of South Bristol. She was particularly supportive of Reading Recovery.
The Chamber then held a minutes silence as a mark of respect for the atrocities Christchurch, New Zealand had suffered at the hands of a terrorist attack, and also for Bristol’s Twin City of Beira in Mozambique which had been hugely affected by Cyclone Idai.
6. Public Forum (Public Petitions, Statements and Questions)
Public petitions: There were two public petitions received.
Name Title PP01 David Beesley Introduce a Residents Parking Zone in Cheswick Village – 161 signatures PP02 Dr Victoria Stanford and Dr Call on Mayor Marvin Rees to clean up Bristol's Ellen Wood unhealthy air – 70 signatures
Public statements: The Full Council received and noted the following statements (which were also referred to the Mayor for his consideration/information):
Ref No Name Title PS01 Oliver Fortune Inclusivity, or rather a lack of it PS02 David Redgewell Light Rail around Bristol and Bath PS03 Christopher Harris Unfinished building on Devonshire Rd, Westbury. PS04 Sue Archard Stoke Lodge Field
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PS05 Lorna Crook Stoke Lodge Playing Field PS06 John Hollyman Stoke Lodge Playing Fields PS07 Sharon Parsons Stoke Lodge Playing Fields PS08 John Henn Cotham School should have a duty of care to the community. PS09 Robert Walters Stoke Lodge Parkland PS10 Keith Sheather Stoke Lodge Fence
PS11 Emma Hambert Stoke Lodge Fence
PS12 Stephanie Chadwick Petition in support of free access to Stoke Lodge Fields PS13 R John Hall & Jill Mackley Fencing on Stoke Lodge open space Hall PS14 Ken Wilkinson Stoke Lodge Fields PS15 Chris and Jane Thomas Stoke Lodge Parkland PS16 Patricia Thompson Stoke Lodge Playing Fields Petition PS17 Amanda MacDonald Stoke Lodge playing fields PS18 Neil Redman Stoke Lodge Playing Fields Petition PS19 Russell Wickens fencing at Stoke Lodge PS20 P E Lemon Stoke Lodge fence PS21 Graham Donald A4018 PS22 Allister Simpson Stoke Lodge Playing Fields Petition PS23 Alan W Preece Stoke Lodge fence PS24 David Redgewell A4018 and Muller Road proposals PS25 Alan Thompson Sense not Fence Petition PS26 Susan J. Mayer Petition concerning Stoke Lodge Fencing Issues PS27 Sheila Preece Stoke Lodge playing fields PS28 Ken Young Stoke Lodge playing fields PS29 Julie Wright Stoke Lodge playing fields PS30 Jonathan M M Johnson Sense not Fence Petition PS31 Helen Powell Sense not Fence Petition PS32 Gill Cleverdon Stoke Lodge Playing Fields
PS33 Paul K Hayward Stoke Lodge Playing Fields PS34 Vivien Johnson Stoke Lodge Playing Fields
PS35 Anni Davey STOKE LODGE PARKLAND PS36 JA Hayward Stoke Lodge playing field PS37 David Mayer Sense not Fence Petition PS38 Nikki Jones In support of Motion 2 on divestment PS39 Penelope Frances Dove Stoke Lodge petition PS40 Tessa Garton Stoke Lodge Playing Fields PS41 Brian Garton Sense not Fence petition PS42 Andrew Varney Bristol Cycling Forum
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PS43 David Main Fence at Stoke Lodge
PS44 Rita Doreen Thomas Sense not Fence Petition PS45 Helen Hollick A4018
PS46 Andrew Barnes Stoke Lodge Playing Fields
PS47 Katie Fudge Stoke Lodge Playing Fields PS48 Martin and Mariette Stoke Lodge Parkland Farrell PS49 Richard Marshall Stoke Lodge PS50 Guy Nason We Love Stoke Lodge petition PS51 Mark & Joanne Evans Stoke Lodge Playing Field
PS52 Ian Witherden petition regarding Stoke Lodge PS53 Kathy Welham Sense not Fence Petition PS54 Beki Trimble Stoke Lodge PS55 Philippa A Nason Stoke Lodge PS56 Sally Causton Stoke Lodge grounds
PS57 Ewen MacLeod Stoke Lodge Park PS58 JACKIE HAWKEN A4018 PS59 Chris Prior Stoke Lodge Playing Fields PS60 Ivete Hunt Stoke Lodge Playing Fields
PS61 Mike Whitworth Stoke Lodge Playing Field PS62 Reg Hunt Stoke Lodge Playing Fields PS63 Judith Brant Stoke Lodge Playing Fields
PS64 Reginald K. Davey STOKE LODGE PARKLAND
PS65 Paul Spellward Stoke Lodge Playing Fields
PS66 Jayne Youngs Stoke Lodge PS67 Martin Bennett Stoke Lodge PS68 Graham Wright Stoke Lodge
PS69 Judith Young Stoke Lodge
PS70 David Faulkner Stoke Lodge PS71 Martin Garrett Bus Franchising
PS72 Andrew Brown Bus Franchising PS73 Catherine Barnes Stoke Lodge PS74 Rachel Austin Stoke Lodge
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PS75 Helen Faulkner Stoke Lodge PS76 Tony Jones Avon Pension Fund - Disinvestment and Diversification PS77 Margaret & Andrew Stoke Lodge Hiles PS78 Nigel Muntz Stoke Lodge PS79 Chris Anderson Stoke Lodge PS80 Simon & Della Hooper Stoke Lodge PS81 Max Langer Bus Franchising PS82 Charles Elderton Stoke Lodge PS83 Carol Andrews- Wrong Ring Road Road Group PS84 Michael Sheehan Stoke Lodge PS85 Larissa and Robert Stoke Lodge Wilton PS86 We Love Stoke Lodge Stoke Lodge PS87 Rowan Ruggles Stoke Lodge PS88 Michael Waddington Stoke Lodge PS89 Shirley Brown Stoke Lodge PS90 Christine Aston A4018 PS91 Geoff Causton Stoke Lodge PS92 Emma Burgess Stoke Lodge PS93 Peter and Rosemary Stoke Lodge Wright PS94 Kevin Tozer Stoke Lodge PS95 Vivien Gellett Stoke Lodge
Within the time available, statements were presented by individuals present at the meeting. The Lord Mayor selected a variety of topics and nominated representatives from those who submitted statements about Stoke Lodge Playing Fields. These were PS01, PS02, PS23, PS24, PS26, PS42, PS76, PS71,
Public Questions: The Full Council noted that the following questions had been submitted:
Ref No Name Title PQ01 Dr Victoria Stanford and Dr Air Quality Ellen Wood PQ02 Judith Brown Air Quality PQ03 & Oliver Fortune Inclusivity, or rather a lack of it & New PQ04 Community Hub, Knowle PQ05 Alan Taylor Elmlea Avenue/ Rylestone Grove PQ06 Barry Cash Waitrose and Partners Grant PQ07 & Bristol Tree Forum Protection of TPO and Conservation Area trees & PQ08 Tree Canopy Cover PQ09 Nicholas Coombes Meads Reach cycle bridge PQ10 Nicholas Coombes St Georges Park
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PQ11 & Christine Townsend Secondary School preferences/offers PQ12 PQ13 Graham Donald A4018 Road Proposals PQ14 & Ruth Campbell Education and Bristol Schools PQ15 PQ16 & Cumberland Basin Western Harbour Development Area PQ17 Stakeholder Group PQ18 Christopher Harris A4018 Road Proposals PQ19 Jonathan Hucker Western Drive Business Park PQ20 James Cox Care for Homeless People PQ21 Tracy Sockett The Hengrove Mounds PQ22 Alex Morss (OneByOne Single Use Plastic Petition Bristol) PQ23 Helen Powell Stoke Lodge Playing Fields – Equalities Impact PQ24 Helen Powell Stoke Lodge Playing Fields – Public Rights of Way PQ25 Michael Knight Hengrove Park PQ26 Andy Nairn Elmlea Avenue and Rylestone Grove
Within the time available, the Mayor responded verbally to questions PQ01, PQ03, PQ04, PQ06, PQ11, PQ12 and PQ13 and PQ25 also responding to supplementary questions.
7. Petitions Notified by Councillors
There were none.
8. Senior Executive Remuneration Review - Audit for the year ended 31st March 2018
The Full Council agreed to suspend standing orders relating to the presentation of items and CPR10.3a which related to the altered deadline for questions pertaining to the item.
An officer from BDO presented the external auditors report in relation to the review of the senior executive remuneration, including references to points of clarification raised in writing prior to the meeting.
Public Statements The Full Council noted the following statements submitted by members of the public:
Ref No Name PS01 Graham Donald
Public Questions: The Full Council noted the following questions submitted by members of the public. Answers had been provided in writing prior to the meeting and verbal supplementary questions invited of each:
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Name PQ001 Graham Donald PQ01 & PQ02 Mary Page PQ03 & PQ04 Barry Cash
Councillor Statements: The Full Council noted the following statements submitted by Councillors:
Ref No Name CS01 Cllr Gary Hopkins CS02 Cllr Richard Eddy CS03 Cllr Anthony Negus CS04 Cllr Paula O’Rourke
Councillor Questions: The Full Council noted the following questions submitted by Councillors. Answers had been provided in writing prior to the meeting and verbal supplementary questions invited. Supplementary questions were asked by Councillors Clark, Hopkins, Don Alexander, Hance, O’Rourke, Gollop and Eddy.
Name PQ05 & PQ06 Councillor Clough PQ07 Councillor Davies PQ08 & PQ09 Councillor Jos Clark PQ10 & PQ11 Councillor Hopkins PQ12 & PQ13 Councillor Kent PQ14 & PQ15 Councillor Negus PQ16 & PQ17 Councillor Wright PQ18 Councillor Don Alexander PQ19 Councillor Breckels PQ20 & PQ21 Councillor Hickman PQ22 & PQ23 Councillor Hance PQ24 & PQ25 Councillor O’Rourke PQ26 & PQ27 Councillor Thomas PQ28 & PQ29 Councillor Gollop PQ30 & PQ31 Councillor Eddy PQ32 & PQ33 Councillor Goulandris PQ34 & PQ35 Councillor Jones PQ36 & PQ37 Councillor Radford PQ38 & PQ39 Councillor Weston
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A debate followed during which an amendment to recommendation three was moved by Councillor Eddy and seconded by Councillor Weston.
Amended Recommendation (iii) to read:-
(iii) that Full Council requests that the Head of Paid Service provides a written update to be debated at the next Ordinary Meeting of Full Council after Annual Council having first been considered by the Council’s Audit and HR Committees with their input provided as part of the written update.
Upon being put to the vote, the amendment was CARRIED (32 voting FOR, 32 voting AGAINST, Lord Mayor casting vote FOR)
Following the debate, the three substantive recommendations were then put to the vote and it was RESOLVED:
i) That Full Council accepts the recommendations from the Council’s external auditors, BDO; (64 voting FOR, 0 AGAINST)
ii) that Full Council approves the action plan in response to the recommendations from the Council’s external auditors, BDO; (45 voting FOR, 16 AGAINST, 3 ABSTAIN)
(iii) that Full Council requests that the Head of Paid Service provide a written update to be debated at the next Ordinary Meeting of Full Council after Annual Council having first been considered by the Council’s Audit and HR Committees with their input provided as part of the written update. (34 voting FOR, 30 AGAINST)
An adjournment for 20 minutes then followed.
9. Pay Policy Statement 2019-20
Following the adjournment, it was moved by the Lord Mayor that standing orders be suspended (i) CPR9.1 to allow the meeting to go past the 2 hrs 30 time limit until 10pm. (ii) CPR9.2 that the motions on the agenda that would be deferred, to be carried over to the next ordinary meeting.
The motion was seconded and upon putting to a vote, it was AGREED.
The Full Council considered a report which proposed adoption of the Pay Policy Statement for the year 2019/20.
Councillor Wellington moved the report and the recommendations contained therein. Councillor O’Rourke seconded the report.
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During debate, it was proposed by Councillor Gollop and seconded by Councillor Eddy (with reference to CPR9.4) that the report be withdrawn. When put to the vote the motion was LOST.
Following debate, it was:
RESOLVED: That the Pay Policy Statement for 2019/20 be adopted.
10. Making of Hengrove and Whitchurch Park Neighbourhood Development Plan
The Full Council considered a report which noted the outcome of the referendum on the Hengrove and Whitchurch Park Neighbourhood Development Plan held on 14th February 2019.
The Mayor moved the report and it was seconded by Councillor Kent.
Following debate it was;
RESOLVED: 1. That Council noted the outcome of the referendum on the Hengrove and Whitchurch Park Neighbourhood Development Plan held on 14th February 2019. 2. That Council noted that the Hengrove and Whitchurch Park Neighbourhood Development Plan now forms part of the statutory development plan for Bristol. 3. That the Council approved the Hengrove and Whitchurch Park Neighbourhood Development Plan.
11. Report of change to Licensing Committee membership/chair
The Full Council considered the appointment of Councillor Goggin and Hickman to the Licensing Committee.
The Lord Mayor moved the report and the Deputy Lord Mayor seconded the report.
There was no further debate it was:
RESOLVED that Councillors Goggin and Hickman be appointed to the Licensing Committee.
12. Motions
This item fell due to lack of time. It was agreed that the golden and silver motion would be deferred to the agenda of the next ordinary meeting.
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Meeting ended at 9.55 pm
CHAIR ______
Page 16 Minute Item 332 Meeting Title: Meeting of the Full Council 19th March 2019
Item 12 - vote iii) as amended 33 For 32 Against – Casting Vote (Lord Mayor) For
Wright Mark Liberal Democrat For Kent Tim Liberal Democrat For Davies Chris Liberal Democrat For Kent Tim Liberal Democrat For Hopkins Gary Liberal Democrat For Negus Anthony Liberal Democrat For Clark Jos Liberal Democrat For Clough Harriet Liberal Democrat For Langley Mike Labour Against Holland Helen Labour Against Godwin Helen Labour Against Johnson Carole Labour Against Bradley Harriet Labour Against Alexander Donald Labour Against Craig Asher Labour Against Hickman Margaret Labour Against Beech Nicola Labour Against Massey Brenda Labour Against Threlfal Mhairi Labour Against Bowden-Jones Nicola Labour Against Shah Afzal Labour Against Kirk Gill Labour Against Whittle Lucy Labour Against Mead Olly Labour Against Lovell Jeff Labour Against Smith Paul Labour Against Tincknell Estella Labour Against Phipps Celia Labour Against Pickersgill Ruth Labour Against Wellington Jon Labour Against Dudd Kye Labour Against Brain Mark Labour For Pearce Steve Labour Against Keen Anna Labour Against Brook Tom Labour Against Breckels Fabian Labour Against Jama Hibaq Labour Against Sergeant Jo Labour Against Rees Marvin Labour Against Clark Barry Labour Against Jackson Christopher Labour Against English Jude Green For Stevens Clive Green For Thomas Jerome Green For Denyer Carla Green For Fodor Martin Green For Combley Eleanor Green For Hance Fi Green For Bolton Charles Green For
Page 1117 1/14 Meeting Title: Meeting of the Full Council 19th March 2019 O'Rourke Paula Green For Clarke Stephen Green For Weston Mark Conservative For Quartley Kevin Conservative For Carey Tony Conservative For Morris Graham Conservative For Abraham Peter Conservative For Radford Liz Conservative For Hiscott Claire Conservative For Melias Matt Conservative For Smith Steve Conservative For Eddy Richard Conservative For Alexander Lesley Conservative For Gollop Geoff Conservative For Jones Steve Conservative For Goulandris John Conservative For Lake Cleo Green For (casting vote) Bradshaw Mark Labour Khan Sultan Labour Davies Mike Labour Cheney Craig Labour Goggin Paul Labour Windows Chris Conservative
Item 12 - Vote i) 64 For 0 Abstain 0 Against
Clough Harriet Labour For Clark Jos Labour For Negus Anthony Labour For Hopkins Gary Labour For Davies Chris Labour For Kent Tim Labour For Wright Mark Labour For Jackson Christopher Labour For Clark Barry Labour For Rees Marvin Labour For Sergeant Jo Labour For Jama Hibaq Labour For Breckels Fabian Labour For Brook Tom Labour For Keen Anna Labour For Pearce Steve Labour For Brain Mark Labour For Dudd Kye Labour For Wellington Jon Labour For Pickersgill Ruth Labour For Phipps Celia Labou For Tincknell Estella Labour For Smtih Paul Labour For Lovell Jeff Labour For Pager 1218 2/14 Meeting Title: Meeting of the Full Council 19th March 2019 Mead Olly Labou For Whittle Lucy Lr abour For Kirk Gill Labour For Shah Afzal Labour For Bowden-Jones Nicola Labour For Threlfal Mhairi Labour For Massey Brenda Labour For Beech Nicola Labour For Hickman Margaret Labour For Craig Asher Labour For Alexander Donald Labour For Bradley Harriet Labour For Johnson Carole Labour For Godwin Helen Labour For Holland Helen Labour For Langley Mike Labour For Clarke Stephen Green For O'Rourke Paula Green For Bolton Charles Green For Hance Fi Green For Combley Eleanor Green For Fodor Martin Green For Denyer Carla Green For Thomas Jerome Green For Stevens Clive Green For English Jude Green For Goulandris John Conservative For Jones Steve Conservative For Gollop Geoff Conservative For Alexander Lesley Conservative For Eddy Richard Conservative For Smith Steve Conservative For Melias Matt Conservative For Hiscott Claire Conservative For Radford Liz Conservative For Abraham Peter Conservative For Morris Graham Conservative For Carey Tony Conservative For Quartley Kevin Conservative For Weston Mark Conservative For Lake Cleo Green Lord Mayor – didn’t vote. Bradshaw Mark Labour Windows Chris Conservative Cheney Craig Labour Davies Mike Labour Goggin Paul Labour Khan Sultan Labour
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Item 12 - Vote ii) 45 For 3 Abstain 16 Against
Name First name Group Vote result Clough Harriet Liberal Democrat Abstain Clark Jos Liberal Democrat For Negus Anthony Liberal Democrat Against Hopkins Gary Liberal Democrat Abstain Davies Chris Liberal Democrat For Kent Tim Liberal Democrat Abstain Wright Mark Liberal Democrat For Jackson Christopher Labour For Clark Barry Labour For Rees Marvin Labour For Sergeant Jo Labour For Jama Hibaq Labour For Breckels Fabian Labour For Brook Tom Labour For Keen Anna Labour For Pearce Steve Labour For Brain Mark Labour For Dudd Kye Labour For Wellington Jon Labour For Pickersgill Ruth Labour For Phipps Celia Labour For Tincknell Estella Labour For Smith Paul Labour For Lovell Jeff Labour For Mead Olly Labour For Whittle Lucy Labour For Kirk Gill Labour For Shah Afzal Labour For Bowden-Jones Nicola Labour For Threlfal Mhairi Labour For Massey Brenda Labour For Beech Nicola Labour For Hickman Margaret Labour For Craig Asher Labour For Alexander Donald Labour For Bradley Harriet Labour For Johnson Carole Labour For Godwin Helen Labour For Holland Helen Labour For Langley Mike Labour For Clarke Stephen Green For O'Rourke Paula Green For Bolton Charles Green For Hance Fi Green For Combley Eleanor Green For
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Fodor Martin Green For Denyer Carla Green For Thomas Jerome Green For Stevens Clive Green Against English Jude Green For Goulandris John Conservative Against Jones Steve Conservative Against Gollop Geoff Conservative Against Alexander Lesley Conservative Against Eddy Richard Conservative Against Smith Steve Conservative Against Melias Matt Conservative Against Hiscott Claire Conservative Against Radford Liz Conservative Against Abraham Peter Conservative Against Morris Graham Conservative Against Carey Tony Conservative Against Quartley Kevin Conservative Against Weston Mark Conservative Against Lake Cleo Green Lord Mayor – didn’t vote Cheney Craig Labour Davies Mike Labour Goggin Paul Labour Bradshaw Mark Labour Windows Chris Conservative Khan Sultan Labour
Page 1521 5/14 Meeting Title: Meeting of the Full Council 19th March 2019
Item 12 - vote iii) substantive 34 For 0 Abstain 30 Against
Clough Harriet Liberal Democrat For Clark Jos Liberal Democrat For Negus Anthony Liberal Democrat For Hopkins Gary Liberal Democrat For Davies Chris Liberal Democrat For Kent Tim Liberal Democrat For Wright Mark Liberal Democrat For Jackson Christopher Labour Against Clark Barry Labour Against Rees Marvin Labour Against Sergeant Jo Labour Against Jama Hibaq Labour For Breckels Fabian Labour Against Brook Tom Labour Against Keen Anna Labour Against Pearce Steve Labour Against Brain Mark Labour Against Dudd Kye Labour Against Wellington Jon Labour Against Pickersgill Ruth Labour Against Phipps Celia Labour Against Tincknell Estella Labour For Smith Paul Labour Against Lovell Jeff Labour Against Mead Olly Labour Against Whittle Lucy Labour Against Kirk Gill Labour Against Shah Afzal Labour For Bowden-Jones Nicola Labour Against Threlfal Mhairi Labour Against Massey Brenda Labour Against Beech Nicola Labour Against Hickman Margaret Labour Against Craig Asher Labour Against Alexander Donald Labour Against Bradley Harriet Labour Against Johnson Carole Labour Against Godwin Helen Labour Against Holland Helen Labour Against Langley Mike Labour Against Clarke Stephen Green For O'Rourke Paula Green For Bolton Charles Green For Hance Fi Green For Combley Eleanor Green For Fodor Martin Green For Denyer Carla Green For Thomas Jerome Green For Stevens Clive Green For
Page 1622 6/14 Meeting Title: Meeting of the Full Council 19th March 2019
English Jude Green For Goulandris John Conservative For Jones Steve Conservative For Gollop Geoff Conservative For Alexander Lesley Conservative For Eddy Richard Conservative For Smith Steve Conservative For Melias Matt Conservative For Hiscott Claire Conservative For Radford Liz Conservative For Abraham Peter Conservative For Morris Graham Conservative For Carey Tony Conservative For Quartley Kevin Conservative For Weston Mark Conservative For Lake Cleo Green Lord Mayor – didn’t vote Windows Chris Conservative Khan Sultan Labour Cheney Craig Labour Davies Mike Labour Bradshaw Mark Labour
Page 1723 7/14 Meeting Title: Meeting of the Full Council 19th March 2019 Item 8 Vote to defer 18 For 2 Abstain 36 Against
Name First name Group V ote res Wright Mark Liberal For Kent Tim Democrat For Davies Chris Liberal For Hopkins Gary Democrat For Negus Anthony Liberal For Clark Jos Democrat For Clough Harriet Liberal For Langley Mike Democrat Against Holland Helen Liberal Against Godwin Helen Democrat Against Johnson Carole Liberal Bradley Harriet Democrat Against Alexander Donald Liberal Against Craig Asher Democrat Against Hickman Margaret Labour Against Beech Nicola Labour Massey Brenda Labour Against Threlfal Mhairi Labour Against Davies Mike Labour Cheney Craig Labour Bowden-Jones Nicola Labour Against Shah Afzal Labour Against Kirk Gill Labour Against Whittle Lucy Labour Mead Olly Labour Against Lovell Jeff Labour Against Khan Sultan Labour Smith Paul Labour Against Tincknell Estella Labour Against Phipps Celia Labour Against Bradshaw Mark Labour Against Pickersgill Ruth Labour Against Wellington Jon Labour Dudd Kye Labour Against Brain Mark Labour Against Pearce Steve Labour Against Goggin Paul Labour Against Keen Anna Labour Against Brook Tom Labour Against Breckels Fabian Labour Labour Labour Labour Labour Labour Labour Labour
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Jama Hibaq Labour Against Sergeant Jo Labour Rees Marvin Labour Against Clark Barry Labour Against Jackson Christopher Labour Against English Jude Green Stevens Clive Green Abstain Thomas Jerome Green Against Denyer Carla Green Against Fodor Martin Green Against Lake Cleo Green Combley Eleanor Green Abstain Hance Fi Green Against Bolton Charles Green Against O'Rourke Paula Green Against Clarke Stephen Green Against Weston Mark Conservative For Quartley Kevin Conservative For Carey Tony Conservative For Morris Graham Conservative For Windows Chris Conservative Abraham Peter Conservative For Radford Liz Conservative For Hiscott Claire Conservative Melias Matt Conservative For Smith Steve Conservative For Eddy Richard Conservative Alexander Lesley Conservative For Gollop Geoff Conservative For Jones Steve Conservative Goulandris John Conservative For
Page 1925 9/14 Meeting Title: Meeting of the Full Council 19th March 2019
Item O8 - Pay Policy Statement 39 For 0 Abstain 19 Against
Clough Harriet Liberal Democrat Against Clark Jos Liberal Democrat Against Negus Anthony Liberal Democrat Against Hopkins Gary Liberal Democrat Against Davies Chris Liberal Democrat Against Kent Tim Liberal Democrat Against Wright Mark Liberal Democrat Against Jackson Christopher Labour For Clark Barry Labour For Rees Marvin Labour For Sergeant Jo Labour For Jama Hibaq Labour For Breckels Fabian Labour For Brook Tom Labour For Keen Anna Labour For Goggin Paul Labour Pearce Steve Labour For Brain Mark Labour For Dudd Kye Labour For Wellington Jon Labour For Pickersgill Ruth Labour For Bradshaw Mark Labour Phipps Celia Labour For Tincknell Estella Labour For Smith Paul Labour For Khan Sultan Labour Lovell Jeff Labour For Mead Olly Labour For Whittle Lucy Labour Kirk Gill Labour For Shah Afzal Labour For Bowden-Jones Nicola Labour For Cheney Craig Labour Davies Mike Labour Threlfal Mhairi Labour For Massey Brenda Labour For Beech Nicola Labour Hickman Margaret Labour For Craig Asher Labour For Alexander Donald Labour For Bradley Harriet Labour For Johnson Carole Labour Godwin Helen Labour For Holland Helen Labour For Langley Mike Labour For Clarke Stephen Green For O'Rourke Paula Green For Bolton Charles Green For Hance Fi Green For Combley Eleanor Green For Lake Cleo Green Page 2026 10/14 Meeting Title: Meeting of the Full Council 19th March 2019 Fodor Martin Green For Denyer Carla Green For Thomas Jerome Green For Stevens Clive Green For Goulandris John Conservative Against Gollop Geoff Conservative Against Alexander Lesley Conservative Against Eddy Richard Conservative Against Smith Steve Conservative Against Melias Matt Conservative Against Radford Liz Conservative Against Abraham Peter Conservative Against Morris Graham Conservative Against Carey Tony Conservative Against Quartley Kevin Conservative Against Weston Mark Conservative Against Windows Chris Conservative Hiscott Claire Conservative English Jude Green Jones Steve Conservative
Agenda item8 56 For 0 Abstain 0 Against Item 09 - Making of Hengrove and Whitchurch Park Neighbourhood Development Plan
Name First name Group Vot Clough Harriet Liberal Democrat For Clark Jos Liberal Democrat For Negus Anthony Liberal Democrat For Hopkins Gary Liberal Democrat For Davies Chris Liberal Democrat For Kent Tim Liberal Democrat For Wright Mark Liberal Democrat For Jackson Christopher Labour For Clark Barry Labour For Rees Marvin Labour For Sergeant Jo Labour For Jama Hibaq Labour For Breckels Fabian Labour For Brook Tom Labour Keen Anna Labour For Goggin Paul Labour Pearce Steve Labour For Brain Mark Labour Dudd Kye Labour For Wellington Jon Labour For Pickersgill Ruth Labour For
Page 2127 11/14 Meeting Title: Meeting of the Full Council 19th March 2019
Bradshaw Mark Labour Phipps Celia Labour For Tincknell Estella Labour For Smith Paul Labour For Khan Sultan Labour Lovell Jeff Labour For Mead Olly Labour For Whittle Lucy Labour Kirk Gill Labour For Shah Afzal Labour For Bowden-Jones Nicola Labour For Cheney Craig Labour Davies Mike Labour Threlfal Mhairi Labour For Massey Brenda Labour For Beech Nicola Labour Hickman Margaret Labour For Craig Asher Labour For Alexander Donald Labour For Bradley Harriet Labour For Johnson Carole Labour Godwin Helen Labour For Holland Helen Labour For Langley Mike Labour For Clarke Stephen Green For O'Rourke Paula Green For Bolton Charles Green For Hance Fi Green For Combley Eleanor Green For Lake Cleo Green Fodor Martin Green For Denyer Carla Green For Thomas Jerome Green For Stevens Clive Green For English Jude Green Goulandris John Conservative For Jones Steve Conservative Gollop Geoff Conservative For Alexander Lesley Conservative For Eddy Richard Conservative For Smith Steve Conservative For Melias Matt Conservative For Hiscott Claire Conservative Radford Liz Conservative For Abraham Peter Conservative For Windows Chris Conservative Morris Graham Conservative For Carey Tony Conservative For Quartley Kevin Conservative For Weston Mark Conservative For
Page 2228 12/14 Agenda Item 9
Full Council – Establishment of Committees
VVVVV Full Council 21 May 2019
Report of: Tim O’Gara, Director – Legal and Democratic Services
Title: Establishment of Committees 2019-20 and Human Resources Committee Terms of Reference
Ward: Citywide
Officer presenting report: Not applicable
Contact telephone number: 0117 92 22413
Recommendation
1. To approve the composition of committees for the 2019-20 municipal year (full recommendations are set out in detail at the end of the report).
2. To agree the revised terms of reference of the Human Resources Committee.
Summary
As per above recommendation.
The significant issues in the report are:
As set out in the main report.
Page 29 Full Council – Establishment of Committees
Policy
1. The Full Council must appoint at least one Overview and Scrutiny Committee and such other committees as it considers appropriate to deal with the matters which are neither reserved to the Full Council nor are executive functions.
Consultation
2. Internal Party Group Whips
3. External Not applicable
Context
4. See 1. above.
Proposal: Establishment of committees a. Arrangements for Overview and Scrutiny:
5. The following Overview and Scrutiny bodies are proposed for establishment by Full Council in 2019-20:
Overview and Scrutiny Management Board People Scrutiny Commission Growth and Regeneration Scrutiny Commission Communities Scrutiny Commission Resources Scrutiny Commission
As the Overview and Scrutiny Management Board oversees the scrutiny work programme, its membership includes the Chairs of the Commissions.
6. Joint bodies: the Full Council is asked to note that the following joint bodies (meetings of which also involve representatives of other relevant authorities) will be continuing: Joint Health Scrutiny Committee (meets as and when required) Joint Health Overview and Scrutiny Committee for the purpose of jointly scrutinising the Bristol, North Somerset and South Gloucestershire Sustainability and Transformation Partnerships (STP) West of England Combined Authority Overview and Scrutiny Committee (“The WECA Overview and Scrutiny Committee”) West of England Combined Authority Audit Committee (“The WECA Audit Committee”) Joint Overview and Scrutiny Arrangement comprising of the Constituent Councils of the West of England Combined Authority, the Mayor and North Somerset Council (“The Joint Overview and Scrutiny Arrangement”).
Page 30 Full Council – Establishment of Committees
b. Regulatory Committees:
7. The Full Council is recommended to establish four Regulatory Committees as follows:
Development Control Committee A Development Control Committee B Public Safety and Protection Committee Public Rights of Way and Greens Committee c. Appeals Committee
8. The Full Council is asked to establish an Appeals Committee. d. Other Non-executive Committees:
9. The Full Council is asked to consider the appointment of other non-executive committees.
10. It is proposed that the Full Council should approve the establishment of the following committees:
Audit Committee Human Resources Committee (updated Terms of Reference at Appendix A) Selection Committee Area Committees 1 to 6 f. Statutory Committees
11. The Licensing Committee is established as a standing committee and does not have to be re- appointed. Any vacancies must be filled by the Full Council – this task is non-delegable, i.e. only Full Council can decide who will serve on the committee. Members continue to serve on the Committee until they either resign or are removed by the Full Council. The appointment of Members is a licensing function and as such equalities law applies to it, and the Full Council should fill vacancies having due regard to equalities tests. At agenda item 9, the Full Council will be asked to fill any current vacancies on the Licensing Committee.
12. The Health and Wellbeing Board is a statutory function under Section 194 of the Health and Social Care Act 2012. This Board is continuing and therefore the annual re-establishment is not required.
Other Options Considered
Not applicable.
Page 31 Full Council – Establishment of Committees
Risk Assessment
Not applicable.
Public Sector Equality Duties
Not applicable.
Legal and Resource Implications
Legal As per paragraph 1. above, the Full Council must appoint at least one Overview and Scrutiny Committee and such other committees as it considers appropriate to deal with the matters which are neither reserved to the Full Council nor are executive functions.
(Legal advice provided by Tim O’Gara, Director – Legal and Democratic Services)
Financial (a) Revenue Not applicable
(b) Capital Not applicable
Land Not applicable
Human Resources Not applicable
RECOMMENDATIONS:
1. That the following committees be established;
a. Overview and Scrutiny bodies: - Overview and Scrutiny Management Board - People Scrutiny Commission - Growth and Regeneration Scrutiny Commission - Communities Scrutiny Commission - Resources Scrutiny Commission
Joint bodies: - Joint Health Scrutiny Committee - Joint Health Overview and Scrutiny Committee for the purpose of jointly scrutinising Page 32 Full Council – Establishment of Committees
the Bristol, North Somerset and South Gloucestershire Sustainability and Transformation Partnerships (STP) - West of England Combined Authority Overview and Scrutiny Committee (“The WECA Overview and Scrutiny Committee”) - West of England Combined Authority Audit Committee (“The WECA Overview and Scrutiny Committee”) - Joint Overview and Scrutiny Arrangement comprising of the Constituent Councils of the West of England Combined Authority, the Mayor and North Somerset Council (“The Joint Overview and Scrutiny Arrangement”)
b. Regulatory Committees: - Development Control Committee A - Development Control Committee B - Public Safety and Protection Committee - Public Rights of Way and Greens Committee
c. Appeals Committee
d. Other (non-executive) Committees: - Audit Committee - Human Resources Committee - Selection Committee - Area Committees 1 to 6
e. Statutory Committees:
- To note the position in relation to the Licensing Committee.
- To note that the Health and Wellbeing Board does not need to be formally re- established as it remains extant.
2. That the terms of reference of the Human Resources Committee be approved.
Appendices: Appendix A – Human Resources Committee Terms of Reference Appendix B – List of Area Committees
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 Background Papers: None
Page 33 Full Council – Establishment of Committees
APPENDIX A HUMAN RESOURCES COMMITTEE
Terms of Reference
Membership
7 members of the authority, politically-balanced in line with usual proportionality rules. In addition the relevant member of the Executive will be invited to attend meetings ex officio in a non-voting capacity (they will count towards the quorum). When the Committee is discharging functions relating to discipline and dismissals one or more voting members of the Committee will be substituted with a member(s) of the Executive.
Overview
The role of the committee primarily relates to the employment and remuneration of chief officers and deputy chief officers. Full Council has delegated to the Committee the power to determine the terms and conditions on which employees hold office including procedures for their dismissal (s.112 Local Government Act 1972) and functions relating to local government pensions (regulations under s.7, 12 and 24 Superannuation Act 1972). The relevant member of the Executive will be an ex officio (non- voting) member of the Committee.
Functions
Full Council has delegated the following functions to the Human Resources Committee to be discharged in accordance with the Officer Employment Procedure Rules:
1. Conduct and capability
o Consider any allegations/complaints regarding conduct or cases of capability (performance or health) in relation to chief officers and deputy chief officers, having regard to the model procedures and associated guidance of the Joint Negotiating Committee for Local Authority Chief Executives/Joint Negotiating Committee for Chief Officers of Local Authorities as appropriate. Where necessary to take action up to and including dismissal, except in relation to the Head of Paid Service, Monitoring Officer and Chief Finance Officer, where the Committee may recommend dismissal to full Council.
o The suspension of the Head of Paid Service, Monitoring Officer and Chief Finance Officer is delegated to the Chair of the Committee; the suspension of other chief officers and deputy chief officers is delegated to the Head of Paid Service.
2. Dismissals
o Determine any proposal to dismiss a chief officer or deputy chief officer on grounds of redundancy or some other substantial reason or the expiry of a fixed term contract where the authority has committed to renew it, except in relation to the Head of Paid Service, Monitoring Officer and Chief Finance Officer where the Committee may recommend Page 34 Full Council – Establishment of Committees
dismissal to full Council.
o Determine the preferred option(s) for resolution and parameters of any negotiation that may lead to a severance payment to the Head of Paid Service or a JNC Chief Officer.
3. Grievances
o Hear and determine any grievance submitted by the Head of Paid Service provided that it has been referred by the Monitoring Officer.
o Hear and determine any grievance submitted by an employee against the Head of Paid Service where referred by the Monitoring Officer or Director Workforce and Change.
4. Terms and conditions of employment including remuneration
o Oversight of contracts of employment for chief officers and deputy chief officers.
o Setting the terms and conditions of employment including remuneration for chief officers and deputy chief officers.
o Consider and make recommendations to full Council in relation to the Pay Policy Statement. (The Mayor should be involved and due regard given to any proposals he may have before the statement is considered and approved by full Council).
o Agree with the senior coroner the amount of their salary.
5. Other matters
o Consider proposals for major organisational change affecting chief officers or deputy chief officers.
o Monitor the development and implementation of the Council’s Organisational Improvement Plan.
o Hear and determine any collective dispute where referred by the Director Workforce and Change.
o Determining the annual work programme of the committee.
Page 35 Full Council – Establishment of Committees
APPENDIX B
Area Committees (Community Infrastructure Levy (CIL) Committees)
There is an Area CIL/s.106 Committee for each of the following 6 Areas (each to be known as an “Area Committee”):
• Avonmouth and Lawrence Weston, Westbury-on-Trym and Henleaze, Stoke Bishop, Clifton, Clifton Down, Hotwells and Harbourside (Area 1);
• Henbury and Brentry, Southmead, Horfield, Bishopston and Ashley Down, Redland and Cotham (Area 2);
• Lockleaze, Eastville, Frome Vale and Hillfields (Area 3);
• Ashley, Central, Lawrence Hill, Easton, St George West, St George Central and St George Troopers Hill (Area 4);
• Bedminster, Southville, Windmill Hill, Knowle, Brislington East and Brislington West (Area 5);
• Bishopsworth, Hartcliffe and Withywood, Filwood, Hengrove and Whitchurch Park and Stockwood (Area 6).
The councillors elected to serve those wards are members of the corresponding Area Committee.
To the Councillors in each Area Committee the Mayor has delegated executive decisions in relation to the following:
• The expenditure of the local element of CIL monies raised within the area
• Devolved s.106 monies where there is a decision to made in relation to what and where the monies should be spent (as opposed to when the funds have already been earmarked for a specific project as part of the agreement)
Page 36 Agenda Item 10
Full Council – Allocation of committee seats and appointment of members to serve on committees
Full Council 21 May 2019
Report of: Tim O’Gara, Director – Legal and Democratic Services
Title: Allocation of Committee Seats and Appointment of Members to Serve on Committees
Ward: Citywide
Officer presenting report: Not applicable
Contact telephone number: 0117 92 22413
Recommendation
To review and approve the allocation of seats on committees in accordance with the statutory requirements concerning political balance and to approve the appointment of Members (and substitutes) to serve on committees (full recommendations set out at the end of this report).
Summary
As per above recommendation.
The significant issues in the report are:
As set out in the main report.
Page 37 Full Council – Allocation of committee seats and appointment of members to serve on committees
Policy
1. Not applicable
Consultation
2. Internal Party Group Whips
3. External Not applicable
Context
4. See proposal below.
Background / Proposal
5. Under Section 15 of the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) regulations, the Full Council has a duty to review the representation of different political groups at its annual meeting in respect of bodies to which the section applies (for example, the section applies to the Council’s ordinary committees and Scrutiny Commissions). The section does not apply to the statutory Licensing Committee or the Health and Wellbeing Board and so the political balance rules are not applied to these. Section 15 of the Act provides that, in performing this duty, the Council has a duty to make only such determinations as give effect so far as reasonably practicable to the following principles:
a. That not all the seats on the body are allocated to the same political group.
b. That the majority of the seats on the body are allocated to a particular political group if the number of persons belonging to that group is a majority of the authority’s membership.
c. Subject to a. and b. above, that the number of seats on the ordinary committees of a relevant authority which are allocated to each political group bears the same proportion to the total of all the seats on the ordinary committees of the authority as is borne by the number of Members of that group to the membership of the authority; and
d. Subject to a. to c. above, that the number of seats on the body which are allocated to each political group bears the same proportion to the number of all the seats on that body as is borne by the numbers of that group to the membership of the authority.
6. The current councillor membership of political groups represented on the City Council is set out below and the names of the councillors in each group are set out in Appendix A to this report: Labour group 36 Members Conservative group 15 Members Green group 11 Members Liberal Democrat group 7 Members Independent 1 Member Page 38 Full Council – Allocation of committee seats and appointment of members to serve on committees
7. For the purposes of calculating the entitlement of each political group to seats on committees, it is proposed that the following be included:
Development Control Committee A Development Control Committee B Overview and Scrutiny Management Board People Scrutiny Commission Growth and Regeneration Scrutiny Commission Communities Scrutiny Commission Resources Scrutiny Commission Public Safety and Protection Committee Public Rights of Way and Greens Committee Audit Committee Human Resources Committee Selection Committee
8. Alternative arrangements for appointments to these committees can be approved provided no Member of the Council votes against.
9. Subject to the Full Council appointing the committees as per agenda item 11, and agreeing the sizes of committees described below, the total number of seats on these committees available is 114.
10. The number of Council Members for each political group expressed as a percentage of the total Councillor membership of political groups on the City Council (70) is as follows:
Labour 36 Members (% of 70) = 51.42 % Conservative 15 Members (% of 70) = 21.43 % Green 11 Members (% of 70) = 15.71 % Liberal Democrat 7 Members (% of 70) = 10.00 % Independent 1 Member (% of 70) = 1.43 %
Following discussion with the Party Group Whips, the following committee sizes are proposed:
LAB CON GREEN LD INDEP* 11 Member Committees: Development Control Committee A 6 2 2 1 0 Development Control Committee B 6 2 2 1 0 Overview and Scrutiny Management 6 2 2 1 0 Board People Scrutiny Commission 6 2 2 1 0 Growth and Regeneration Scrutiny 6 2 2 1 0 Commission Page 39 Full Council – Allocation of committee seats and appointment of members to serve on committees
Communities Scrutiny Commission 6 2 2 1 0 Resources Scrutiny Commission 6 2 2 1 0
9 Member Committee: Public Safety and Protection Committee 5 2 1 1 0
7 Member Committees: Public Rights of Way and Greens 4 1 1 1 0 Committee Audit Committee 4 1 1 1 0 Human Resources Committee 4 1 1 1 0 Selection Committee 4 1 1 1 0 TOTAL = 114 seats, breaking down as 63 20 19 12 0
LAB CON GREEN LD INDEP As compared with the entitlement % 51.43 21.43% 15.71% 10% 1.43% The % which this distribution gives each 55.26 17.54% 16.67% 10.53% 0% party:
*One independent member does not constitute a ‘group’, therefore that independent member is not included within the figures for political balance.
11. These totals reflect, as far as is reasonably practicable, the aggregate entitlement of the political groups to committee seats.
Appointments to which political balance do not apply:
12. Licensing Committee: The Licensing Committee is established under Section 6 of the Licensing Act 2003, and is a standing committee. Any vacancies must be filled by the Full Council – this task is non- delegable, i.e. only Full Council can decide who will serve on the Committee. Members continue to serve on the Committee until they either resign or are removed by the Full Council. The appointment of Members is a licensing function and, as such, equalities law applies to it, and the Full Council should fill vacancies having due regard to equalities tests and considerations. The Council must have a licensing committee of between 10-15 members. As one of the largest licensing authorities in the country, Bristol has established a 15 Member Committee. The list of Members currently serving on the committee is as follows:
1. Councillor Abraham 2. Councillor B Clark 3. Councillor Clough 4. Councillor Combley 5. Councillor C Davies 6. Councillor Eddy
Page 40 Full Council – Allocation of committee seats and appointment of members to serve on committees
7. Councillor Goggin 8. Councillor Hance 9. Councillor Jama 10. Councillor Langley 11. Councillor Massey 12. Councillor O’Rourke 13. Councillor Shah 14. Councillor Windows 15. Councillor Whittle
The Full Council is asked to enquire if there have been any resignations from the Committee since the date of publication of this report, and having done so, to invite nominations to fill any vacancies. In confirming appointments to the Committee, the Full Council is asked to take full account of equalities duties and considerations, and to note that the political balance rules do not apply. Any vacancies that subsequently arise will need to be referred to the next meeting of the Full Council to ensure they are filled promptly, and to ensure that the Council retains the 15 Member Committee it has previously resolved to establish.
13. Appeals Committee: The Full Council is asked to determine the membership of the Appeals Committee. It is proposed that, as in previous years, membership of the Appeals Committee should comprise any 3 Members of the Council subject to them having first received the necessary training and not having been involved in the original decision which is the subject of an appeal.
14. Joint Scrutiny and other bodies: The following is proposed:
- Joint Health Scrutiny Committee (3 members from Bristol, one from each of the largest 3 political groups). - Joint Health Overview and Scrutiny Committee for the purpose of jointly scrutinising the Bristol, North Somerset and South Gloucestershire Sustainability and Transformation Partnership 7 members from Bristol (4 Labour; 1 Conservative; 1 Green; 1 Liberal Democrat). - West of England Combined Authority Overview and Scrutiny Committee (“The WECA Overview and Scrutiny Committee”); 6 members from Bristol (3 Labour; 1 Conservative, 1 Green, 1 Liberal Democrat) - Joint Overview and Scrutiny Arrangement comprising of the Constituent Councils of the West of England Combined Authority, the Mayor and North Somerset Council (“The Joint Overview and Scrutiny Arrangement”) 6 members from Bristol (3 Labour; 1 Conservative, 1 Green, 1 Liberal Democrat) - West of England Combined Authority Audit 6 members from Bristol (3 Labour; 1 Conservative, 1 Green, 1 Liberal Democrat)
15. Health and Wellbeing Board: The membership of the Health and Wellbeing Board is prescribed in section 194 of the 2012 Act, as follows:= a. At least one councillor from the authority nominated by the elected Mayor. The elected Page 41 Full Council – Allocation of committee seats and appointment of members to serve on committees
Mayor may themselves be a member of the board instead of or in addition to the person(s) they nominate. b. The director of adult social services for the local authority. c. The director of children’s services for the local authority. d. The director of public health for the local authority. e. A representative of the local Healthwatch organisation for the area of the local authority. f. A representative of each relevant clinical commissioning group. g. Such other persons, or representatives of such other persons, as the local authority thinks appropriate.
Substitutes
16. In addition to deciding the allocation of seats to political groups, the Full Council is also required to decide substitution arrangements.
Other Options Considered
Not applicable.
Risk Assessment
Not applicable.
Public Sector Equality Duties
Not applicable.
Legal and Resource Implications
Legal As indicated in the report, in determining the allocation of committee seats and the appointment of Members to serve on Committees, the Full Council must comply with the requirements of Section 15 of the Local Government and Housing Act 1989 and the Local Government (Committee and Political Groups) regulations.
(Legal advice provided by Tim O’Gara , Director – Legal and Democratic Services)
Financial (a) Revenue Not applicable.
(b) Capital Not applicable.
Land Not applicable.
Page 42 Full Council – Allocation of committee seats and appointment of members to serve on committees
Personnel Not applicable.
RECOMMENDATION:
Full Council is recommended to:
1. Approve the allocation of committee seats as set out above.
2. Enquire if there have been any resignations from the Licensing Committee since the date of publication of this report, and having done so invite nominations to fill all of the vacancies on the Committee. In confirming appointments to the Committee, the Full Council is asked to take full account of equalities duties and considerations, and to note that the political balance rules do not apply.
3. Agree that all Members of Council be appointed to serve on an Appeals Committee comprising of any 3 Members of Council, subject to them having first received the necessary training and not having been involved in the original decision which is the subject of an appeal.
4. Agree that the Council be represented (as per paragraph 14) on the following joint bodies: - Joint Health Scrutiny Committee - Joint Health Overview and Scrutiny Committee for the purpose of jointly scrutinising the Bristol, North Somerset and South Gloucestershire Sustainability and Transformation Partnership - West of England Combined Authority Overview and Scrutiny Committee - Joint Overview and Scrutiny Arrangement comprising of the Constituent Councils of the West of England Combined Authority, the Mayor and North Somerset Council (“The Joint Overview and Scrutiny Arrangement” - West of England Combined Authority Audit
5. To note the position in relation to the membership of the Health and Wellbeing Board as per paragraph 15 of the report.
6. To agree that named members will be provided for the Committee memberships by the party group whips (to be sent to the Monitoring Officer). If named substitutes are not also provided, then any councillor of the relevant group may attend a meeting as a substitute, other than in the case of: - a Development Control Committee, where the substitute must be a member of another Development Control Committee (and be appropriately trained). - any scrutiny commission, where the substitute may not be a member of the executive.
Appendices: Appendix A – Councillor membership of political groups
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 Background Papers: None Page 43 Full Council – Allocation of committee seats and appointment of members to serve on committees
APPENDIX A
Councillor membership of political groups
Labour Group (36)
Councillor Donald Alexander
Councillor Nicola Beech
Councillor Nicola Bowden-Jones
Councillor Harriet Bradley
Councillor Mark Bradshaw
Councillor Mark Brain
Councillor Fabian Breckels
Councillor Tom Brook
Councillor Craig Cheney
Councillor Barry Clark
Councillor Asher Craig
Councillor Mike Davies
Councillor Kye Dudd
Councillor Helen Godwin
Councillor Paul Goggin
Councillor Margaret Hickman
Councillor Helen Holland
Councillor Chris Jackson
Councillor Hibaq Jama
Councillor Carole Johnson
Councillor Anna Keen
Councillor Gill Kirk
Councillor Mike Langley
Councillor Jeff Lovell
Councillor Brenda Massey Page 44 Full Council – Allocation of committee seats and appointment of members to serve on committees
Councillor Olly Mead
Councillor Steve Pearce
Councillor Celia Phipps
Councillor Ruth Pickersgill
Councillor Jo Sergeant
Councillor Afzal Shah
Councillor Paul Smith
Councillor Mhairi Threlfall
Councillor Estella Tincknell
Councillor Jon Wellington
Councillor Lucy Whittle
Conservative Group (15)
Councillor Peter Abraham
Councillor Lesley Alexander
Councillor Tony Carey
Councillor Richard Eddy
Councillor Geoff Gollop
Councillor John Goulandris
Councillor Claire Hiscott
Councillor Steve Jones
Councillor Matt Melias
Councillor Graham Morris
Councillor Kevin Quartley
Councillor Liz Radford
Councillor Steve Smith
Councillor Mark Weston
Councillor Chris Windows
Page 45 Full Council – Allocation of committee seats and appointment of members to serve on committees
Green Group (11)
Councillor Charlie Bolton
Councillor Stephen Clarke
Councillor Eleanor Combley
Councillor Carla Denyer
Councillor Jude English
Councillor Martin Fodor
Councillor Fi Hance
Councillor Cleo Lake
Councillor Paula O’Rourke
Councillor Clive Stevens
Councillor Jerome Thomas
Liberal Democrat Group (7)
Councillor Jos Clark
Councillor Harriet Clough
Councillor Chris Davies
Councillor Gary Hopkins
Councillor Tim Kent
Councillor Anthony Negus
Councillor Mark Wright
Independent (1)
Councillor Mahmadur Khan
Page 46 Agenda Item 11
Full Council – Dates & Times of Full Council Meetings 2019-20
VVV D Full Council 21 May 2019
Report of: Tim O’Gara, Director – Legal & Democratic Services
Title: Dates and Times of Full Council meetings 2019-20
Ward: Citywide
Officer presenting report: Not applicable
Contact telephone number: 0117 92 22215
Recommendation
To approve the dates and times of Full Council meetings in 2019-2020.
Summary
To approve the dates and times of Full Council meetings in 2019-2020.
The significant issues in the report are:
Not applicable.
Page 47 Full Council – Dates & Times of Full Council Meetings 2019-20
Policy 1. Not applicable
Consultation 2. Internal Party Group Whips
3. External Not applicable
Context 4. Not applicable
Proposal
5. The proposed Full Council meeting times / dates are:
5pm, Tuesday 16 July 2019 6pm, Tuesday 10 September 2019 6pm, Tuesday 12 November 2019 2pm, Tuesday 10 December 2019 2pm, Tuesday 14 January 2020 2pm, Tuesday 25 February 2020 (budget Council meeting) 12pm, Wednesday 4 March 2020 (reserve, additional budget meeting, if required)
Other Options Considered Not applicable.
Risk Assessment Not applicable.
Public Sector Equality Duties Not applicable.
Legal and Resource Implications Not applicable.
Appendices: None.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 Background Papers: None
Page 48 Agenda Item 12
Full Council 21st May 2019
Report of: Human Resources Committee
Title: Amendment to the Council’s Pay Policy Statement for the period 1st April 2019 to 31st March 2020
Ward: N/A
Officer Presenting Report: Councillor Jon Wellington (Chair of Human Resources Committee)
Contact Telephone Number: (0117) 92 22000 Recommendation
That Full Council approves the addition to the Council’s Pay Policy Statement at Appendix A.
Summary
This report sets outs an addition to the Council’s current Pay Policy Statement at 10d incorporating a protocol for considering severance arrangements (including mutually-agreed terminations of employment) in relation to the Head of Paid Service and JNC Chief Officers.
The significant issues in the report are:
This report responds to statutory recommendations arising from a Senior Executive Remuneration Review, which was conducted as part of the audit of the Council’s accounts for the year ended 31st March 2018.
Page 49 Policy
1. The Council’s policy in respect of contractual payments to the Head of Paid Service and JNC Chief Officers is set out in its Pay Policy Statement, in the Council’s HR policies and in contracts of employment with those officers.
Consultation
2. Internal None.
3. External None required.
Context
4. A Senior Executive Remuneration Review conducted as part of the audit of the Council’s accounts for the year ended 31st March 2018 has made statutory recommendations, which have been accepted by the Council.
5. The proposed addition was approved at the HR Committee on 9th May 2019 for recommendation to Full Council.
Proposal
5. It is proposed that the following paragraph be added to the Council’s Pay Policy Statement (Appendix A) at 10d:
5.1. Where a situation arises that may lead to a proposal to make a severance payment to the Head of Paid Service or a JNC Chief Officer, a meeting of the Human Resources Committee will be called in exempt session in order to brief members on:
a) The facts and circumstances relating to the matter
b) Identifying potential risk and liabilities including legal costs
c) Presenting potential options to resolve; and
d) Seeking the Committee’s decision on the preferred option(s), including the parameters of any negotiation.
The Mayor (or his nominee) may attend this meeting.
The options provided to the Committee will include a costed options appraisal clearly identifying any discretionary elements of the proposed severance payment and will be approved by the Council’s s.151 officer (or deputy) and the Monitoring Officer before being presented to the Committee.
Page 50 Other Options Considered
6. None.
Risk Assessment
7. The Council is required to respond to the statutory recommendations of its auditors.
Public Sector Equality Duties
8. a) Before making a decision, section 149 Equality Act 2010 requires that each decision-maker considers the need to promote equality for persons with the following “protected characteristics”: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation. Each decision-maker must, therefore, have due regard to the need to:
i) Eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Equality Act 2010.
ii) Advance equality of opportunity between persons who share a relevant protected characteristic and those who do not share it. This involves having due regard, in particular, to the need to -
- remove or minimise disadvantage suffered by persons who share a relevant protected characteristic;
- take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of people who do not share it (in relation to disabled people, this includes, in particular, steps to take account of disabled persons' disabilities);
- encourage persons who share a protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
iii) Foster good relations between persons who share a relevant protected characteristic and those who do not share it. This involves having due regard, in particular, to the need to – - tackle prejudice; and - promote understanding.
9b) An equality impact assessment has not been completed because this proposal concerns less than 20 individuals.
Legal and Resource Implications
Legal
“The Pay Policy Statement 2019/20 fulfils the legal requirement placed on the Council by s.38(1) of the Localism Act 2011 to produce an annual pay policy statement. The addition to the current Page 51 Pay Policy statement reflects the recommendations agreed by Full Council at its meeting on 19th March 2019.”
Husinara Jones, Solicitor/Team Leader, 9th May 2019
Financial (a) Revenue
Full Council considered the statutory recommendations issued by the Council’s external auditors, relating to the Senior Executive’s remuneration review, at its meeting of the 19th March 2019. Those included a requirement to review the terms of reference of the HR Committee specifically to incorporate arrangements for any severance payment to the Head of Paid Service to be approved either by Full Council or determine arrangements for their delegation.
A costed options appraisal along with determination of all disclosure requirements will be reviewed by the S151 Officer (or deputy) and Monitoring Officer, and will be incorporated into any recommendations made to the Committee where circumstances require consideration of severance for chief officers. The report will inform Committee of the final treatment of proposed payments in the accounts, including the incorporation of appropriate explanatory notes required to be published to ensure transparency and accuracy in their reporting.
There are no additional financial implications arising from the recommendations.
Advice provided by Chris Holme - Head of Corporate Finance, 9th May 2019
(b) Capital Not applicable
Land Not applicable.
Personnel
The proposals set out the arrangements that will apply in the event of a Severance Package being considered for the Head of Paid Service or JNC Chief Officer. These will need to be followed in all cases where a severance package is being considered. These arrangements will apply to a cohort of 17 employees.”
Advice provided by Mark Williams - Head of Human Resources, 9th May 2019
Appendices:
Appendix A – Pay Policy Statement 2019/2020 amended
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 Background Papers: None.
Page 52 Bristol City Council
Pay Policy Statement for the period 1st April 2019 to 31st March 2020
1. Introduction
a. It is essential that the Council attracts and keeps people with the right talents and commitment to lead and deliver great services to Bristol’s citizens. At the same time the Council has to get the best value for the taxpayer.
b. This Statement explains the Council pay policies for its highest and lowest-paid employees. It is written and published in line with the Localism Act 2011 (the Act) and guidance issued by the Secretary of State (the Guidance). It was approved by full Council on 19th March 2019.
c. The Guidance is clear that decisions on pay policies should be made by councillors. The Council is committed to making sure that all councillors have a say on how pay decisions are made, especially about its highest-paid employees. To achieve this, the Statement is reviewed every year. The Mayor is consulted, and any proposals made are taken into account. The draft statement is considered by the Human Resources Committee and finally by full Council. Both meetings are open to the public.
d. In line with the law (the Local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002), the pay of the Mayor’s Assistant is set as the Mayor thinks fit, within the financial resources available to the Council. The Mayor’s Assistant is currently paid at Director (Level 1).
e. As recommended by the Guidance, this Statement sets out clearly and separately its policies on each of the requirements listed in the relevant sections of the Act. The Guidance says that this is to help enable taxpayers to decide whether they are getting value for money in the way that public money is spent on local authority pay and reward.
f. The Council is committed to equal pay for all its employees and to removing any bias in its pay systems related to age, disability, gender, race, religion or belief or on the grounds of being bisexual, gay, lesbian or transgender. Equal pay applies to all contractual terms and conditions as well as pay.
g. The Council became an accredited Living Wage Employer with effect from 5th November 2018. The Council has paid its own employees no less than the Foundation Living Wage since 1st October 2014.
h. The Council has worked to reform its pay structure during 2018/19. The new national agreement seeks to address compression within the existing pay spine and alleviate pressures on pay differentials at the bottom of structure. The new pay spine with effect from 1st April 2019 will take the UK Living Wage (as set by the Living Wage Foundation) as its starting point and will cover Bristol Grades 1 to 15.
Page 1 of 5 Page 53 2. Development priority for 2019/20
a. The Council will consider options to further develop its pay structure to deal with future compression at the bottom and top of the pay spine for Bristol Grades 1 to 15. The options will take the Foundation Living Wage as its base and will have commonly distributed pay values and job evaluations points. This will include reviewing the pay arrangements for apprentices. All proposals will be subject to equality impact assessment and will be negotiated with the trade unions.
3. Pay of the Council’s highest-paid employees
a. The Council’s highest-paid employees are Executive Directors and Directors. These roles are graded using the Hay methodology and the salaries are informed by market data. For the period covered by this Statement the salary for Executive Director roles will range from £135,000 to £165,000 with a mid-point of £150,000. The salary for Director (Level 2) roles will range from £94,000 to £120,000 with a mid-point of £107,000. The salary for Director (Level 1) roles will range from £85,000 to £105,000 with a mid-point of £95,000.
4. Pay of the Council’s lowest-paid employees
a. The Council’s lowest-paid employees are those who are paid the Foundation Living Wage. The Council has adopted this definition because it has decided that none of its employees should be paid less than the Foundation Living Wage. The Foundation Living Wage is £9.00 per hour with effect from 1st April 2019, which equates to a minimum salary of £17,364 (based on a full-time week of 37 hours). The rate of the Foundation Living Wage is refreshed each November, and the Council applies the new rate from the following 1st April.
b. Apprentices in their first year are paid £5 per hour. Apprentices in their second year are paid £5 per hour until they are 18 years old and then at the National Living Wage for their age. Apprentices in their third year are paid the Foundation Living Wage. An additional allowance of £25 per week is paid to apprentices who have left local authority care, and this is paid throughout their apprenticeship for as long as they live in independent accommodation.
c. Interns, student placements and trainees are normally paid the Foundation Living Wage.
5. Relationship between the pay of the Council’s highest and lowest-paid employees
a. Will Hutton’s 2011 Review of Fair Pay in the Public Sector recommended that all public service organisations publish their top to median pay ratio to allow the public to hold them to account. The Government’s terms of reference for the Hutton review suggested that no public sector manager should earn more than 20 times the lowest paid person in the organisation.
Page 2 of 5 Page 54 b. The change in these ratios at the Council over recent years is shown in the following table:
Year Top to median pay ratio Top to lowest salary ratio 2015 6.75:1 11.33:1 2016 6.23:1 10.05:1 2017 5.24:1 8.34:1 2018 6.03:1 9.77:1 2019 - 9.50:1
c. For the period covered by this Statement the Council’s top earner will be on a salary of up to £165,000 and the lowest-paid person will be on a salary of at least £17,364. This means that the Council’s top to lowest salary ratio is 9.50:1.
6. Pay of Executive Directors and Directors when they start
a. Pay will be within 10% of the minimum of the range unless otherwise agreed by the Human Resources Committee. Payment above the mid-point is reserved for roles where there is clear evidence that the market rate is significantly higher than the mid-point.
b. The Guidance says that full Council should have the opportunity to vote before salary packages totalling £100,000 or more are offered for new appointments. Through its Constitution full Council delegates this to the Human Resources Committee.
7. Increases and additions to pay for Executive Directors and Directors
a. The pay of Executive Directors and Directors will be reviewed each year through this Pay Policy Statement. The Council will be mindful of pay awards agreed by the Joint Negotiating Committee for Chief Executives of Local Authorities and the Joint Negotiating Committee for Chief Officers of Local Authorities. There will be no change to the ranges quoted in paragraph 3b above before 1st April 2020.
8. Performance-related pay for Executive Directors and Directors
a. There is no performance-related pay for Executive Directors and Directors.
9. Bonuses for Executive Directors and Directors
a. There are no bonuses for Executive Directors and Directors.
10. Pay of Executive Directors and Directors when they leave
a. When an Executive Director or Director leaves they will be paid in line with what they are entitled to under their contract of employment (their notice period is three months) and the Council’s policies.
b. The Guidance says that full Council should have the opportunity to vote before severance packages costing £100,000 or more are paid to employees leaving the Council. The Government intends to go further than this and cap the cost of an employee leaving a job in the public sector at £95,000, an implementation date of these regulations is to be confirmed. Councils may be given the authority to approve severance packages that cost more than Page 3 of 5 Page 55 £95,000 by a vote of full Council, but guidance on this has not yet been published. Until this change happens, the Council’s current policy will continue, which is that the dismissal of Executive Directors and Directors is determined by the Human Resources Committee (except for the Head of Paid Service, Chief Finance Officer and Monitoring Officer, where this is a matter for full Council). Approving compensation for loss of office (ie, any payments not required by the contract of employment) in respect of chief officers and deputy chief officers including the Head of Paid Service is delegated to HR Committee by Full Council.
c. The Government also intends to change the law so that someone who takes a severance package in the public sector can only work in the public sector again in the following 12 months if they pay back part of their severance payment, an implementation date of these regulations is to be confirmed. Until this change happens the Council’s current policy will continue, which is that employees who leave due to voluntary severance will not be re- employed by the Council in a paid job or engaged directly or through a company on an “off- payroll” basis for 12 months after they leave. (Off-payroll means a person who is paid via a company rather than through the payroll as an employee). Employees who leave due to compulsory redundancy are free to apply for re-employment with the Council at any point after they’ve left.
d. Where a situation arises that may lead to a proposal to make a severance payment to the Head of Paid Service or a JNC Chief Officer, a meeting of the Human Resources Committee will be called in exempt session in order to brief members on: The facts and circumstances relating to the matter, identifying potential risk and liabilities including legal costs, presenting potential options to resolve; and seeking the Committee’s decision on the preferred option(s), including the parameters of any negotiation. The Mayor (or his nominee) may attend this meeting. The options provided to the Committee will include a costed options appraisal clearly identifying any discretionary elements of the proposed severance payment and will be approved by the Council’s s.151 officer (or deputy) and the Monitoring Officer before being presented to the Committee.
11. Paying Executive Directors and Directors “off-payroll”
a. In line with IR35 the Council deducts and pays income tax and National Insurance contributions to HMRC in respect of payments made on or after 6th April 2017 to people engaged through personal service companies.
12. Returning Officer fees
a. The Council’s Returning Officer for elections and referenda is appointed by full Council. Fees are paid for these duties. They vary depending on the type of poll and are published prior to each election. Fees for most polls (including national elections and referenda) are set and paid by the Government (rather than the Council).
13. More information about the pay of Executive Director and Directors
a. The Council is committed to being open about its policies on pay. Approved pay policy statements are published on the Council’s website at www.bristol.gov.uk/council- spending- performance/senior-officers-pay. Other information that the Council has to publish under the Local Government Transparency Code 2015 is available via that webpage.
Page 4 of 5 Page 56 14. More information about Pay Gap Reporting
a. We publish our gender pay gap every 12 months on the Council’s website at https://www.bristol.gov.uk/documents/20182/32815/Bristol+City+Council+gender+pay+gap+ data+2018 The gender pay gap report shows the pay gap between female and male Bristol City Council employees for the year ending 31 March 2018.
Page 5 of 5 Page 57 Agenda Item 13
Information report – Exception to call-in procedure
Full Council 21st May 2019
Report of: Tim O’Gara, Director – Legal & Democratic Services
Title: Information Report – Decisions Taken Under Special Urgency Provisions
Ward: Citywide
RECOMMENDATION
Full Council is asked to note the use of special urgency provisions (APR 16) in relation to decision that was been taken by Cabinet in respect of 2018/19 Period 10 Forecast Outturn Report on the 2nd April 2019
Page 58 Information report – Exception to call-in procedure
Background / information
1. Statute and the Council’s Constitution provide that notification of key decisions that are intended to be taken by the Executive must be published 28 days before the decision is taken, and that the papers in relation to that decision must be published not less than 5 working days before the decision to be taken.
2. There are, however, exceptions in law and the Constitution to these timescales so that shorter notice can be given in certain circumstances.
3. The Constitution provides (Access to Information rules APR15), that if a matter which is likely to be a key decision has not been included in the Forward Plan ( to give 28 days’ notice), the decision may still be taken if: (a) The decision must be taken by such a date that it is impracticable for it to be deferred until it can be included in the next Forward Plan; (b) The Proper Officer has given notice to the chair and members of a relevant Overview and Scrutiny body in writing, of the matter to which the decision is to be made; (c) The Proper Officer has made copies of that notice available to the public at the offices of the Council; and (d) At least five clear working days have elapsed since the Proper Officer complied with (a) and (b).
4. If an urgent decision needs to be taken and 5 clear working days cannot be given as set out in APR 15 above, APR 16 provides that in cases of special urgency a decision may still be taken if the decision taker obtains the agreement of the chair of a relevant Overview and Scrutiny body that the taking of the decision cannot be reasonably deferred.
5. The Constitution also requires that cases where special urgency provisions (APR 16) have been required will be reported to the Full Council for information.
6. This report informs Full Council of the following decision taken under special urgency provisions in April 2019. Notice of the decision was on the forward plan but not as a key decision.
APR 16 – 2018/19 Period 10 Forecast Outturn Report – 2nd April 2019 Decision: Cabinet approved the allocation of an additional £1.0m budget to provide for Clean Streets action plan as per the supplementary estimate set out in Appendix B. Cabinet noted the overall forecast outturn position for general funded services is an underspend of (£0.7m) which is 0.2% of the revised budget (Appendix A -Table 1). This will be managed as part of the final accounts by reviewing the planned movements to and from reserves that have been assumed in the forecast. Cabinet noted the forecast underspend position with regard to the Housing Revenue Account has increased by a further (£3.3m) to a forecast year end position of (£9.7m) (Appendix A4). Cabinet noted the movement in the DSG forecast of £0.3m, which reduces the forecast carry forward underspend to (£0.1m) (Appendix A5). Cabinet noted the further reduction in required drawdown from Public Health reserve to £1.7m, from an original plan of £1.8m (Appendix A6). Page 59 Information report – Exception to call-in procedure
Cabinet noted the current forecast capital spend of £145m against the capital programme budget of £161m (Appendix A – Table 3). Cabinet noted the forecast net drawdown in reserves of £22.6m (Appendix A - Table 4).
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