Agenda item

RESOLVED:  The Council agreed to continue the following changes to the Council’s Constitution:

a)    To amend Part 3, Responsibility for Functions, Sections 3 and 4 of the Council’s Constitution to allow delegated authority to the Chief Executive, and to the relevant Director in the Chief Executive’s absence where not already delegated, to take Executive and Quasi-Judicial decisions in consultation with the Leader of the Council (or Deputy) and the relevant Portfolio Holder, Ward Member and Committee Member if practicable,if meetings of the relevant committee are unable to be held;

b)    To continue to enable Councillors to make decisions by remote, virtual meetings using available technology.

c)    To continue the delegated authority to the Monitoring Officer and Chief Executive to amend the Constitution to reflect any further changes that are required as a direct result of Government Legislation /Guidance resulting from the coronavirus (COVID-19) situation.

d)    These changes in procedure will cease when the Government announces that the coronavirus (COVID-19) crisis is over and when normal meetings can resume.

(Voting: 46 in favour, 3 against and 1 abstention)

The Leader of Council introduced the report and reminded Members that the decision had been taken in March 2020 because of the impending lockdown due to Coronavirus to transfer decision making powers to the Chief Executive in consultation with the Leader of the Council (or Deputy) and the relevant Portfolio Holder, Ward Member and Committee Member if practicable, if meetings of a committee were unable to be held.  She asked that the delegation continue

Councillor Neil Bloomfield stated that when the decision was taken to transfer powers in March 2019, an amendment was agreed to review the delegation within 3 months, and it was now 5 months since that decision.  The Leader of Council referred to the report which listed the decisions taken by the Chief Executive since March 2019. 

The Monitoring Officer advised that any decision taken by the Chief Executive would not be unlawful although the review of the decision to delegate powers had not taken place within the agreed 3 months.  He confirmed that the all the decisions taken had occurred within the first 4 weeks of the lockdown whilst the Council prepared to move to virtual meetings.  From May 2019, decisions had been made at the virtual Committee meetings under the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.  He advised that the request to continue the delegated powers was in the event of a further local lockdown.

During discussion the following points were made:-

·         Virtual meetings were subject to interruption by poor internet signal and the Government may never declare that the Coronavirus is over. 

·         Until the Government allow meetings of more than 10 people in person then it was likely that virtual meetings would continue.

·         The delegated powers could have been reviewed by the Chief Executive.

·         The virtual meetings had enabled Council meetings to continue during the lockdown period but agreeing the recommendation may mean they continue for a long period.

·         Some Councils and organisations were operating hybrid meetings where some people were present in a room and some on-line and SSDC may move to this in the future as technology improved.

·         Whilst the on-line meetings were not perfect, they did allow democracy to continue.

·         The Council were saving on travelling expenses to attend meetings and also helping to reduce Co2 emissions by not attending in-person meetings.

·         Socially distanced Parish Council meetings could continue to meeting in person provided they complied with advice from NALC and SALC.

·         It would take an Act of Parliament to change the current regulations and it was good that more public could watch the meetings on-line.

·         A local-lockdown would damage the local economy.

·         Should the decision be reviewed in February or March 2021.

·         Virtual meetings were very useful for working councilors to allow them to attend meetings and so hybrid meetings should be considered in the future.

The Monitoring Officer advised that the Government would be reviewing their Coronavirus Regulations before May 2021 when they currently ceased to exist and he suggested that a further report be brought to Council in March/April when it was known what changes were proposed.

The Leader of Council said the decision would be reviewed once further advice had been received from the Government. 

The recommendations were proposed and seconded and when put to the vote, were carried by 46 votes in favour, 3 against and 1 abstention.

RESOLVED: The Council agreed to continue the following changes to the Council’s Constitution:

a)    To amend Part 3, Responsibility for Functions, Sections 3 and 4 of the Council’s Constitution to allow delegated authority to the Chief Executive, and to the relevant Director in the Chief Executive’s absence where not already delegated, to take Executive and Quasi-Judicial decisions in consultation with the Leader of the Council (or Deputy) and the relevant Portfolio Holder, Ward Member and Committee Member if practicable,if meetings of the relevant committee are unable to be held;

b)    To continue to enable Councillors to make decisions by remote, virtual meetings using available technology.

c)    To continue the delegated authority to the Monitoring Officer and Chief Executive to amend the Constitution to reflect any further changes that are required as a direct result of Government Legislation /Guidance resulting from the coronavirus (COVID-19) situation.

d)    These changes in procedure will cease when the Government announces that the coronavirus (COVID-19) crisis is over and when normal meetings can resume.

(Voting: 46 in favour, 3 against and 1 abstention)