Venue: Virtual meeting - Microsoft Teams. View directions
Contact: Democratic Services Email: democratic.services@crawley.gov.uk
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Disclosures of Interest In accordance with the Council's Code of Conduct, Councillors of the Council are reminded that it is a requirement to declare interests where appropriate.
Minutes: The following disclosures of interests were made:
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To approve as a correct record the minutes of the Governance Committee held on 17 November 2020. Minutes: The minutes of the meeting of the Governance Committee held on 17 November 2020 were approved as a correct record and signed by the Chair.
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Public Question Time To consider any written questions that were submitted in advance and accepted in line with the Constitution. These will be read to the Committee and be followed by a response. The questioner will receive an emailed copy of the response given at the meeting. There will be no supplementary questions. Minutes: No written questions had been submitted by members of the public.
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To consider report LDS/163 of the Chair of the Independent Remuneration Panel. Additional documents:
Minutes: The Committee considered report LDS/163 of the Chair of the Independent Remuneration Panel (IRP). The Democratic Services Support Officer introduced the report to the Committee, which summarised the final report of the IRP and set out the legal framework for setting councillors’ allowance rates. The Committee heard that the IRP had given thoughtful consideration to a wide range of information when making its independent recommendations regarding the Councillors’ Allowances Scheme, as detailed in the final report. The Committee’s attention was drawn to the revised version of Schedule 1 of the Draft Councillors’ Allowances Scheme 2021/22 and 2022/23 which replaced page 21 of the Agenda Pack and had been issued as a Supplementary Agenda.
Basic and Special Responsibility Allowances
At the suggestion of the Chair the Committee first considered recommendations A to H of the final report of the IRP which related to the basic allowance for all councillors and special responsibility allowances. Committee members expressed general support for the recommendations, and conveyed their thanks to the members of the IRP and the officers involved. The Committee considered it important that the recommendations relating to allowances were made by a body independent from the Council.
It was proposed by Councillor Burrett and seconded by Councillor Lunnon that recommendations A to H of the IRP’s final report be agreed.
A recorded vote was then taken on the proposal in accordance with the Council’s Virtual Committee Procedure Rules. The names of the councillors voting for and against the proposal, along with any abstentions, were recorded as follows:
For the proposal: Councillors Burrett, Crow, Eade, Jones, Lamb, Lanzer, Lunnon, Malik, McCarthy, and Mullins (10).
Against the proposal: None (0).
Abstentions: None (0).
The motion was therefore declared to be CARRIED.
Mayor’s Allowance and Deputy Mayor’s Allowance
The Committee then considered recommendations I and J of the final report of the IRP which related specifically to the allowances of the Mayor and Deputy Mayor. In response to a question from a Committee member, officers confirmed that the IRP had given regard to the survey answers provided by councillors regarding the Mayoral allowances and had assessed other borough councils’ Mayoral allowances via the 2019 South East Employers survey. It was heard that the IRP did not feel best-placed to make a recommendation based on that information and had therefore requested councillors’ expertise, via the Governance Committee, to agree to what extent, if any, the Mayoral allowance should be reduced by.
Committee members expressed concern about councillors taking responsibility for setting the exact allowance rates for the Mayor and Deputy Mayor; the Committee preferred that the recommendations be made by a body independent from the Council. Suggestions were made regarding further evidence to be presented to the IRP.
It was proposed by Councillor Lanzer and seconded by Councillor Eade that the IRP be asked to reconsider the allowances for both the Mayor and the Deputy Mayor and provide a recommendation to the Governance Committee (and in turn the Full Council) for an exact figure for each. ... view the full minutes text for item 4. |
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Allocation of Committee Chairs and Vice-Chairs PDF 133 KB To consider report LDS/162 of the Interim Monitoring Officer. Minutes: The Committee considered report LDS/162 of the Interim Monitoring Officer. The Democratic Services Manager introduced the report, which set out potential options for a more proportionate and sustainable system for the appointment of Chairs and Vice-Chairs to the Council’s Committees. This had been proposed in light of the current Joint Agreement between the two political groups.
The Committee considered it necessary to change the current approach for allocating Committee Chairs and Vice-Chairs, which it deemed contentious, and adopt a clearer system. Comments made regarding each of the options set out in the report were as follows:
Fixed Cascade Approach · A greater number of Chairs/Vice-Chairs would be allocated to the opposition group than by the strict proportional approach. · The approach allowed for greater scrutiny of the leading party and for cross-party checks on decision-making processes. · If the opposition party were to hold 18 seats, the allocated Chairs would give balance to the leading group’s control of the Cabinet (and likely the Mayoralty).
Strict Proportional Approach · The proportionality of this approach would be more representative of the electorate’s wishes (according to local election outcomes) than the fixed cascade approach. · The approach was identified as being used by the UK Parliament. · Specific Committee Chairs would not be allocated. Some Committee members felt that to be too open to ambiguity, whilst other Committee members considered it advantageous as it would enable positions to be filled by the best-suited councillors.
Councillor Crow presented the following amended version of the Fixed Cascade Approach to the Committee.
* Non-Administration Party
Councillor Crow advocated that the amended version above would allocate Chairs/Vice-Chairs in a way that encouraged both cross-party working and scrutiny by the opposition. It was proposed by Councillor Crow and seconded by Councillor Lanzer that the Full Council be recommended to adopt the Fixed Cascade Approach with the positions allocated as set out in the table above.
A recorded vote was then taken on the proposal in accordance with the Council’s Virtual Committee Procedure Rules. The names of the councillors voting for and against the proposal, along with any abstentions, were recorded as follows:
For the proposal: Councillors Burrett, Crow, Eade, Lanzer, and McCarthy (5).
Against the proposal: Councillors Jones, Lamb, Lunnon, Malik, and Mullins (5).
Abstentions: None (0).
As a result of the tied vote, the Chair used the casting vote to vote FOR the proposal. There were therefore six votes for the proposal and five votes against. The motion was therefore declared to be CARRIED.
RESOLVED
1) That the Full Council be recommended to adopt the following Fixed Cascade Approach for the allocation of Committee Chairs and Vice-Chairs.
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Polling Arrangements May 2021 PDF 444 KB To consider the report CEX/54 of the Chief Executive.
The Electoral Services Manager, as part of this report, will provide a general verbal update on the May 2021 Elections. Additional documents:
Minutes: The Committee considered report CEX/54 of the Chief Executive. The Electoral Services Manager introduced the report to the Committee, which set out proposed changes to the polling arrangements for the May 2021 elections in light of the Coronavirus pandemic. It was proposed that the reduction in the number of polling places from 27 to 23 would mitigate the problem of a projected shortfall in experienced Senior Presiding Officers, and would ensure that no schools would be used as polling places.
General Issues
The Committee asked that its thanks to Electoral Services staff be recorded for their work on complex matters under exceptional circumstances. Committee members discussed the Government’s aim to proceed with the May 2021 elections and expressed worries in relation to the ongoing Coronavirus pandemic. Concerns were raised regarding the loss of polling places and the impact this may have on voter turnout. It was heard that the Council would ensure COVID-safe precautions would be taken if the elections were to go ahead, but that preparations also needed to be made for the eventuality of cancellation of the elections.
It was proposed by Councillor Crow and seconded by Councillor Lamb that the Council’s Chief Executive, as Returning Officer, be asked to write to the Government to convey the Committee’s request that the elections be postponed to a later date due to the ongoing Coronavirus pandemic.
A recorded vote was taken on the proposal in accordance with the Council’s Virtual Committee Procedure Rules. The names of the councillors voting for and against the proposal, along with any abstentions, were recorded as follows:
For the proposal: Councillors Burrett, Crow, Eade, Jones, Lamb, Lanzer, Lunnon, Malik, McCarthy, and Mullins (10).
Against the proposal: None (0).
Abstentions: None (0).
The motion was therefore declared to be CARRIED.
To assist in the Committee’s consideration of the recommended changes in polling places, the Chair advised that he intended to split the discussion based on the polling places set out in sections 5.7 and 5.9 of the report.
Broadfield Scout Hut and Creasys Drive Adventure Playground
Committee members discussed the proposal to change the polling places for polling districts LAB (part of Bewbush & North Broadfield Ward), LBB (part of Broadfield Ward), and LEB (part of Gossops Green & North East Broadfield Ward) to one combined polling place, the Broadfield Community Centre. The impact on queueing time, the flow of voters moving through the building, and turnout were discussed. A ward member for Broadfield expressed concerns regarding the entrance/exit points and that the proposals may cause confusion for voters. The Electoral Services Manager confirmed that measures for controlling the flow of voters were being explored. The main reason for this proposal was the projected staff shortages.
The Grattons Indoor Bowls Club
It was recognised that moving the polling place for polling district LJA (part of Pound Hill North & Forge Wood Ward) from the Bowls Club to Milton Mount Community Centre was necessary at present, however ward members for Pound Hill North and Forge Wood requested that this be ... view the full minutes text for item 6. |
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Appendix A: Councillors' Allowances Scheme 2021/2022 and 2022/2023 (From 1 April 2021 to 31 March 2023)
1. This Scheme may be cited as the Crawley Borough Council Councillors’ Allowances Scheme, and shall have effect from 1 April 2021 to 31 March 2023.
2. In this Scheme:
“Councillor” means a Member of the Crawley Borough Council who is a Councillor.
“Total estimated allowances” means the aggregate of the amounts estimated by the Head of Corporate Finance, at the time when a payment of basic allowance or special responsibility allowance is made, to be payable under this Scheme in relation to the relevant year, and for this purpose any election under paragraph 9 shall be disregarded.
“Year” means the 12 months ending with 31 March.
3. BASIC ALLOWANCE
Subject to paragraph 10, for each year the basic allowance specified in Schedule 1 to this Schemeshall be paid to each Councillor.
4. SPECIAL RESPONSIBILITY ALLOWANCES
(1) For each year a special responsibility allowance shall be paid to those Councillors and Co-opted Members who hold the special responsibilities in relation to the authority that are specified in Schedule 1 to this Scheme.
(2) Subject to paragraph 10, the amount of each such allowance shall be the amount specified against that special responsibility in that Schedule.
5. TRAVELLING AND SUBSISTENCE ALLOWANCES
(1) Travelling and subsistence allowances shall be paid to Councillors and Co-opted Members in the following circumstances: (a) The attendance at a meeting of the authority or of any Committee or Sub-Committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any Committee or Sub-Committee of such a body. (b) The attendance at any other meeting, the holding of which is authorised by the authority, or a Committee or Sub-Committee of the authority, or a Joint Committee of the authority and at least one other authority within the meaning of Section 270(1) of the Local Government Act 1972, or a Sub-Committee of such a Joint Committee, provided that: (i) Where the authority is divided into two or more political groups it is a meeting to which Members of at least two such groups have been invited. (ii) If the authority is not so divided, it is a meeting to which at least two Councillors have been invited. (c) The attendance at a meeting of any association of authorities of which the authority is a member. (d) The attendance at a meeting of the Cabinet or a meeting of any of its Committees, where the authority is operating Cabinet arrangements. (e) The performance of any duty in pursuance of any standing order made under Section 135 of the Local Government Act 1972 (requiring a Councillor or Councillors to be present while tender documents are opened). (f) The performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises. (g) The carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or any of its Committees or Sub-Committees. (The duties approved by the Council for the payment of travelling, subsistence and dependant care allowances under this sub-section are specified in Schedule 2 to this Scheme).
(2) The level of travelling allowances payable to Councillors and Co-opted Members shall be based on that approved by HM Revenue & Customs as currently set out below. If there are any changes, the figures below will be amended accordingly:
In addition, elected Councillors may claim a passenger supplement of 5p per mile for carrying passengers in a car or van who would otherwise be entitled to a travelling allowance.
(3) The level of subsistence allowances payable to Councillors and Co-opted Members shall be the same as those paid to officers. The figures set out below relate to the allowances paid in 2020/21. The officer rates will be updated annually on 1 April each year. If there is an increase the figures below will be increased accordingly.
(4) Overnight Rate
Overnight rate should be the actual cost up to a maximum of £86.46 (or £99.51, if in London) subject to the Head of Legal, Democracy and HR being empowered to authorise a higher amount in specific instances where suitable accommodation cannot be found within the limit.
6. DEPENDANTS’ CARERS’ ALLOWANCE
A Dependants’ Carers’ Allowance of the actual cost up to £8.82 per hour shall be payable to cover the cost of caring for a Councillor’s dependant children or elderly/disabled relatives whilst a Councillor is undertaking an approved duty, provided the carer is not a member of the Councillor’s own household. In addition, the Dependants’ Carers’ Allowance, at the level prescribed above, shall be payable to cover the cost of a live-in nanny caring for a Councillor’s dependant whilst the Councillor is undertaking an approved duty. In other circumstances where professional babysitting and care services are used and a minimum period for the service is imposed by the service provider, then the period in respect of which the allowance is payable shall include the whole period for which a Councillor is charged.
The Dependants’ Carers’ Allowance shall only be payable in relation to duties described in paragraph 5 (a) to (g) above.
If the national living wage is increased to a rate that exceeds the rate of Dependants’ Carers’ Allowance, the Dependants’ Carers’ Allowance shall be amended to remain 10 pence above the national living wage rate.
7. LOCAL GOVERNMENT PENSION SCHEME
Councillors are no longer entitled to join the Local Government Pension Scheme.
8. CO-OPTED MEMBERS
Co-opted Members shall only receive travelling and subsistence allowances and any special responsibility allowance which might apply.
9. RENUNCIATION
A Councillor may by notice in writing given to the Head of Corporate Finance elect to forego any part of their entitlement to an allowance under this Scheme.
10. PART-YEAR ENTITLEMENTS
(1) The provisions of this paragraph shall have effect to regulate the entitlements to basic and special responsibility allowances where, in the course of a year, this Scheme is amended or that Councillor becomes, or ceases to be, a Councillor, or an office holder accepts or relinquishes a special responsibility in respect of which a special responsibility allowance is payable.
(2) If an amendment to this Scheme changes the amount to which a Councillor or an office holder is entitled by way of a basic allowance or a special responsibility allowance, then in relation to each of the periods: (a) Beginning with the year and ending with the day before that on which the first amendment in that year takes effect or (b) Beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if none) with the year The entitlement to such an allowance shall be to the payment of such part of the amount of the allowance under this Scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of the days in the period bears to the number of days in the year.
(3) Where the term of office of a Councillor begins or ends otherwise than at the beginning or end of a year, the entitlement of that Councillor to a basic allowance shall be to the payment to such part of the basic allowance as bears to the whole the same proportion as the number of days during which their term of office subsists bears to the number of days in that year.
(4) Where this Scheme is amended as mentioned in sub-paragraph (2), and the term of office of a Councillor does not subsist throughout the period mentioned in sub-paragraph (2) (a), the entitlement of any such Councillor to a basic allowance shall be to the payment of such part of the basic allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during their term of office as a Councillor subsists bears to the number of days in that period.
(5) Where an office holder has during part of, but not throughout, a year such special responsibilities as entitle them to a special responsibility allowance, that office holder’s entitlement shall be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year.
(6) Where this Scheme is amended as mentioned in sub-paragraph (2), and an office holder has during part, but does not have throughout the whole, or any period mentioned in sub-paragraph (2) (a) of that paragraph any such special responsibilities as entitle them to a special responsibility allowance, that office holder’s entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days in that period during which they have such special responsibilities bears to the number of days in that period.
11. PAYMENTS
Payments by direct bank credit shall be made in respect of basic and special responsibility allowances and pensions in monthly instalments and are usually paid on the 20th of each month. However where, for example, the 20th falls on a weekend, payments will be made on the previous Friday. Each month’s allowance is calculated on the basis of one twelfth of the annual allowance, and is for the period of that calendar month, and payment for individual days is calculated by dividing the monthly sum by the number of days (including Saturdays and Sundays) in the particular month (subject to paragraph 9 above - renunciations). SCHEDULE 1
The following are specified as the special responsibilities in respect of which special responsibility allowances are payable and the amounts of those allowances:
No Councillor is entitled to more than one special responsibility allowance. Where a Councillor is eligible for more than one special responsibility allowance, they will be paid the allowance of the higher value.
* The Monitoring Officer, in consultation with the Leader of the Council and all Group Leaders, has been authorised to set the initial allowance and expenses for the Independent Person(s) and to review annually thereafter.
SCHEDULE 2
The following are approved duties for the payment of travelling, subsistence and dependants’ carers’ allowances in accordance with sub-section 5 (g) of this Scheme:
(i) Attendance at seminars and training courses funded by the Crawley Borough Council, whether held in the Town Hall or elsewhere.
(ii) Attendance at meetings with Council Officers in connection with Crawley Borough Council duties.
(iii) Attendance at meetings with other local authorities, central government or other agencies in connection with Crawley Borough Council duties.
(iv) Attendance at meetings with members of the public in connection with Crawley Borough Council duties.
(v) Attendance at meetings with voluntary organisations or public sector bodies, award ceremonies, or public events in connection with Crawley Borough Council duties. |
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Appendix B: Polling Scheme with Recommended Temporary Amendments
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Appendix C: Note from the Returning Officer following the request by the Governance Committee Appendix C
Note from the Returning Officer following the request by the Governance Committee to investigate the viability as to whether alternative accommodation could be arranged for Polling Places on, or near to, the three existing schools which were currently named as Polling Places.
As instructed by the Governance Committee, the Returning Officer has investigated whether alternative accommodation can be arranged for polling places on, or near to, the school premises of the existing polling places of The Mill Primary (Ifield Ward), The Brook School (Maidenbower Ward), and Forge Wood Primary School (Pound Hill North and Forge Wood Ward).
The Mill Primary School
At The Mill Primary School there is insufficient space on site to place an alternative structure that could guarantee the school being able to remain open while polling takes place, and no alternative space could provide for secure accommodation in the vicinity.
The Brook School
The area to the rear of The Brook School is large enough to accommodate a temporary structure, but the Headteacher advises that due to the layout of the site it would not be possible for the school to be open if polling took place there. The only on-site alternative is at the front of the school car park. This is a confined space that was used to accommodate a portacabin at the European elections in 2019. The size of building used at that time would be unsatisfactory for maintaining social distancing requirements for staff and voters and it would not be possible to fit a larger building in the space. The Headteacher also advises that this location for polling was very challenging to operate for the school in 2019. Even if there were a repeat of this arrangement, she is not able to guarantee that the school would be able to remain open during polling.
There is no alternative space that could provide adequate accommodation in the vicinity.
Forge Wood Primary School
There is an area of the school playing field with independent access where a marquee could be installed and fenced off from the rest of the school. This could potentially enable the school to remain open while polling takes place. However, this option has several significant disadvantages and is not recommended by the Returning Officer for the following reasons:
1. The facilities that this solution would offer voters would be vulnerable to poor weather or a prolonged period of rain; the entrance to the playing field and the floor of the marquee would need to be lined, but wet weather could lead to a poor experience for voters, especially access for those with disabilities and those requiring the use of wheelchairs. The polling station staff would be supplied with a portable toilet and heaters, and a water supply, but there would also be a requirement for a separate place for staff to be able to take breaks in an area where they could remove PPE. Over the whole polling day, with staff onsite from 6am to 10.30pm, staff welfare would be compromised.
2. There would be no on-site car parking, giving poorer access for voters with disabilities; all cars would need to be parked at the site allocated for the neighbourhood parade, which would involve voters having to cross a road.
3. The challenges and complexities of creating a separate site using portable buildings, lining of the entrance, installation of fencing, furniture and polling equipment, security of the site, and any maintenance on polling day would add an additional administrative burden to the Facilities and Elections Teams already operating at capacity, and could impact on contingency arrangements in place to deal with the event of unavailability of core staff.
4. There is a known shortage of experienced Presiding Officers available to work at this election. Combining polling at Wakehams Green Community Centre will give flexibility to share polling station staff at a venue that is accessible from Forge Wood.
Voter information and postal voting The Returning Officer recommends that electors who are allocated a different polling place for the May 2021 elections will receive a letter explaining the changes and enclosing a postal vote application form for those voters who would prefer to arrange an absent vote.
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