Meeting documents

            Meeting: County Council (County Hall, Durham - Council Chamber - 01/10/2008 10:00:00 AM)

                  Item: A4 Local Government and Public Involvement in Health Act 2007 - New Executive Arrangements

         

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1 Purpose of the Report

The Local Government and Public Involvement in Health Act 2007 requires local authorities to make changes to executive arrangements. In view of this, the report recommends to the County Council the process for implementing change, consultation, and, subject to that, the adoption of a new style Leader and Cabinet Executive in accordance with the Act.

2 Background

2.1 This report relates to essential changes to local authority executive arrangements brought about by the 2007 Act. Members are aware that by virtue of the Local Government Act 2000, the County Council was able to choose one of three specified forms of executive arrangements. These were:-

(a) a Mayor and Cabinet Executive, or

(b) a Leader and Cabinet Executive, or

(c) a Mayor and Council Manager Executive.

2.2 After public consultation the County Council decided in 2001 to adopt the Leader and Cabinet Executive model. The 2000 Act allowed the Executive Members to be appointed by the Leader or the County Council. The County Council’s Constitution currently provides for the Executive Members to be appointed by the County Council at its annual meeting.

2.3 The 2007 Act amends the 2000 Act by narrowing the choices available to the County Council for executive arrangements which are now limited to:-

(a) a Mayor and Cabinet Executive, or (b) a Leader and Cabinet Executive.

2.4 Under the 2007 Act a Council resolution is required to change the Executive arrangements to comply with the requirements of the Act. County Councils must pass the resolution before 31 December 2008 and introduce the new arrangements immediately after the four yearly elections for county councils in 2009. However, because of the bringing forward of the Durham elections to 2008 it is understood that amending legislation will be brought in to provide for the introduction of the new arrangements at the annual meeting of the County Council in 2009.

2.5 Under the new arrangements the Executive Leader must be elected at the post-election annual meeting and will hold office until the day of the following post election annual meeting, although the Act allows an authority to remove its Leader by resolution.

2.6 Government guidance states that these changes are aimed at securing strong, visible leadership for Local Authorities. In drawing up proposals, authorities must consider the extent to which the proposals assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to the combination of economy, efficiency and effectiveness. Where a Council proposes to make changes to its Executive arrangements, even in this situation where the proposal is to move to the “new style” Leader and Cabinet Executive arrangements in accordance with the 2007 Act, it must draw up proposals for change, including a timetable, and, where relevant, transitional arrangements, and take reasonable steps to consult local and other interested people. An Authority may provide for the change in governance arrangements to be subject to approval in a referendum, the result of which would be binding on the Authority.

2.7 For clarification, even though the County Council is already operating Executive arrangements, the 2007 Act requires public consultation where the Council proposes to move from the current “old style” Leader and Cabinet Executive to the “new style” Leader and Cabinet Executive as required by the 2007 Act.

2.8 The other executive model option is the Mayor and Cabinet Executive. Features of this model are that a Mayor is directly elected and cannot be removed by the Council. Also, a two thirds majority is required to overturn a Mayor’s budget proposals.

3. Current Position

This issue has been considered by the all-party Constitutional Working Group set up to oversee the development of the new constitutional arrangements required for vesting day in 2009. The Working Group was of the view that the Council should continue to operate with the Leader and Cabinet model. This model ensures that the Executive Leader has the clear support of the full Council and provides the opportunity to ensure that Executive roles are undertaken by those who will be most effective.
4. Recommendations

It is therefore recommended that: (a) the Council undertakes a process of public consultation on proposals to change to the new style Leader and Cabinet Executive arrangements; (b) the Acting Director of Corporate Services be authorised, in consultation with the Leader and Deputy Leader to determine and carry out such consultation; and

(c) following such consultation a report be presented to full Council prior to 31 December 2008 setting out proposals for the change with a view to implementation at the annual meeting of the Council in 2009.

Contact: Lesley Davies Tel: 0191 393 3639

Appendix 1: Implications

Local Government Reorganisation (Does the decision impact upon a future Unitary Council?) Finance Costs of consultation. Staffing None Equality and Diversity None Accommodation None Crime and disorder None Sustainability None Human rights None Localities and Rurality None Young people None Consultation Will be undertaken in accordance with the legislation. Health None

Attachments

 New Executive Arrangements.pdf