Agenda and decisions

To elect Mayor for the 2018/19 Municipal Year.

That Councillor Gwen Lowe be elected as Mayor for the 2018/2019 municipal year.

To appoint Deputy Mayor for the 2018/19 Municipal Year.

That Councillor Mumtaz Hussain be appointed as Deputy Mayor for the 2018/2019 municipal year.

To agree as a correct record.

Approved as a correct record.

The Councillors will be asked to say if there are any items on the Agenda in which they have disclosable pecuniary interests, which would prevent them from participating in any discussion of the items or participating in any vote upon the items, or any other interests.

No interests were declared.

To receive announcements, including the results of the Local Council Elections held on 3 May 2018.

The Chief Executive advised of the official return of Councillors, following the local elections, held on 3 May 2018, as set out at Agenda Item 5.

The Mayor welcomed all Councillors to the new municipal year, and welcomed the newly elected Councillors, namely Councillors Griffiths, Munro, Murgatroyd, Thompson and Uppal, to the meeting.

The Mayor also conveyed the Council’s best wishes to Councillor Jewitt.

It was moved by the Mayor, seconded by Councillor E Firth, and;

RESOLVED – That approval be given to the continuation of maternity leave for Councillor Erin Hill.

To receive any apologies for absence.

Apologies for absence were received on behalf of Councillors Hill and Jewitt.

To elect the Leader of the Council, in accordance with Article 7 of the Constitution.

That Councillor Shabir Pandor be elected as Leader of the Council.

To consider and determine amendments to the Constitution of Kirklees Council.

(Report attached)

Contact: Julie Muscroft, Service Director, Legal, Governance and Commissioning

1)    That approval be given to the changes as set out in paragraphs 2.04, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.18, 2.19 and 2.26, and accompanying appendices.

2)    That authority be delegated to the Service Director (Legal, Governance and Commissioning) to make the appropriate amendments to the constitution, and any consequential changes.

3)    That authority be delegated to the Service Director (Legal, Governance and Commissioning) to draft the DBS Policy, as referred to in paragraphs 2.03 and 2.12.

To consider and determine amendments to the Council’s Financial Procedure Rules.

(Report attached)

Contact: Martin Dearnley, Head of Audit and Risk

That approval be given to the amendments to Financial Procedure Rules, as set out in the considered report.

To determine the schedule of meetings of Council for the 2018/19 Municipal Year.

(Report attached)

Contact: Andrea Woodside, Principal Governance Officer

That approval be given to the schedule of meetings of Council being held on the following dates for the 2018/2019 Municipal Year; 11 July 2018, 12 September 2018, 10 October 2018, 7 November 2018, 12 December 2018, 16 January 2019, 13 February 2019, 20 March 2019 and 22 May 2019.

To determine the Committees of the Council for the 2018/19 Municipal Year.

(Report attached)

Contact: Andrea Woodside, Principal Governance Officer

That approval be given to the establishment of the following meetings of Council for the 2018/2019 municipal year; Appeals Panel, Corporate Governance and Audit Committee, Health and Wellbeing Board, Licensing and Safety Committee, Overview and Scrutiny Management Committee, Personnel Committee, Standards Committee, Strategic Planning Committee and Statutory Officer Dismissal Committee.

To consider the re-establishment of Corporate Parenting Board for the 2018/19 Municipal Year, including amended Terms of Reference.

(Report attached)

Contact: Helen Kilroy, Principal Governance Officer

1)    That approval be given to the re-establishment of the Corporate Parenting Board for the 2018-2019 municipal year.

2)    That approval be given to the membership of the Board being on a 1:1:1:1 ratio.

3)    That the Terms of Reference of the Board be updated from those as previously approved on 24 May 2017. 

To consider the re-establishment of the Regional Issues Working Party.

(Report attached)

Contact: Alaina McGlade, Governance Officer

1)    That approval be given to the re-establishment of the Regional Issues Working Party for the 2018/2019 municipal year in accordance with the membership and terms of reference as set out in the considered report.

2)    That authority be delegated to Group Business Managers to determine the membership of the Working Party.

To consider the re-establishment of Kirklees Democracy Commission Working Party.

(Report Attached)

1)    That approval be given to the re-establishment of the Democracy Commission Working Party for the 2018/2019 municipal year on a 3:2:1:1 ratio.

2)    That authority be delegated to Group Business Managers to determine the membership of the Working Party.

To consider the amended Terms of Reference of the Health and Wellbeing Board.

Contact: Jenny Bryce-Chan, Principal Governance Officer

That the revised Terms of Reference of the Health and Wellbeing Board, as set out in the considered report, be approved.

To determine for the Municipal Year 2018/19 the allocation of seats on Committees and to any Political Groups formed under the Local Government (Committees and Political Groups) Regulation 1990 or any substituted regulations and the allocation of seats to any Members of the Council who are not Members of any such Political Groups.

(Schedule attached)

Members are informed that it is proposed that arrangements for representation of Political Groups on the Committees and Panel listed below should NOT be in accordance with the requirements of Section 15 and 16 of the Local Government and Housing Act 1989 but should be as set out in the report to be circulated at this item:

Corporate Governance and Audit Committee

Health and Wellbeing Board

Overview and Scrutiny Management Committee

This notice is given in accordance with Section 17 of the 1989 Act and Regulation 20 of the Local Government (Committee and Political Groups) Regulations 1990. Each proposal will require approval with no Members of the Council voting against.

Contact: Andrea Woodside, Principal Governance Officer

1)    That the requirements of Section 15 and 16 of the Local Government Act and Housing Act 1989 shall not apply to the Corporate Governance and Audit Committee, Overview and Scrutiny Management Committee, and Health and Wellbeing Board, for the ensuing Municipal Year.

2)    That the number and proportion of members of Committees, Boards and Panels be in accordance with the schedule as set out within the considered report

To determine for the Municipal Year 2018/19 the Membership of the Committees, Boards and Panel in accordance with nominations from Group Business Managers, and the ratio of the Panel of Substitute Members for each Political Group.

(Schedule attached)

Contact: Andrea Woodside, Principal Governance Officer

That the membership of Committees, Boards and Panels be as set out in the considered report, and that Group Business Managers be delegated authority to make any subsequent changes.

To determine for the Municipal Year 2018/19.

(Schedule attached)

Contact: Andrea Woodside, Principal Governance Officer

That the dates and times of meetings of Committees, Boards and Panels be in accordance with the schedule as set out at Agenda Item 18.

To determine for the Municipal Year 2018/19 arrangements for the allocation of seats on Joint Authorities.

(Report attached)

Contact: Andrea Woodside, Principal Governance Officer

1)    That the appointments to (i) West Yorkshire Fire and Rescue Authority and its Committees and (ii) West Yorkshire Police and Crime Panel, be referred to Group Business Managers for determination.

2)    That the Council Leader be appointed as the representative to the West Yorkshire Combined Authority, with the Deputy Leader as the Substitute Member.

3)    That authority be delegated to the Chief Executive, in consultation with Group Leaders, West Yorkshire Combined Authority’s Managing Director and other West Yorkshire Chief Executives, to appoint the three additional members to the Combined Authority and their substitutes, so that the 8 constituent council members taken as a whole reflect the balance of political parties for the time being among members of West Yorkshire Combined Authority’s constituent councils so far as reasonably practicable.

4)    That authority be delegated to Group Business Managers to determine members to West Yorkshire Combined Authority’s Transport Committee on a 2:1 ratio.

5)    That authority be delegated to Group Business Managers to determine three members and their substitutes to West Yorkshire Combined Authority’s Overview and Scrutiny Committee.

6)    That it be noted that the Council’s relevant Cabinet Portfolio Holder will be co-opted by the West Yorkshire Combined Authority to the West Yorkshire and York Investment Committee.

7)    That it be noted that the West Yorkshire Combined Authority Member appointed by this Council will be appointed (in their capacity as a WYCA Member) to the West Yorkshire Combined Authority’s Leeds City Region Partnership Committee.

8)    That authority be delegated to the Chief Executive, in consultation with Group Business Managers, to (i) confirm any relevant portfolio holder to be appointed, or (ii) make any additional nomination, to any West Yorkshire Combined Authority Committee or Panel, as requested by WYCA following this meeting of Annual Council.

9)    That authority be delegated to the Chief Executive to appoint a local authority representative and substitute to the Leeds City Region Enterprise Partnership Board.

10)That authority be delegated to Group Business Managers to determine the appointment of Elected Members/Representatives to the remaining Joint Authorities not otherwise set out in the considered report.

To determine for the Municipal Year 2018/19 the appointment of representatives to other Committees, Outside Bodies etc. except where appointment to those bodies has been delegated by the Council or is exercisable only by the Leader.

(Report attached)

Contact: Andrea Woodside, Principal Governance Officer

1)    That approval be given to the allocation of places and ratios, as set out in the considered report, and that authority be delegated to Group Business Managers to submit nominations to the Service Director (Legal, Governance and Commissioning) to fill vacancies and make adjustments to any nominees as listed.

2)    That those bodies with executive functions be referred to the Leader of the Council to put forward nominations.

3)    That, in relation to Yorkshire Purchasing Organisation Joint Committee, Council agrees to waive political balance rules which apply in accordance with Section 17 of the Local Government and Housing Act 1989 and that the Leader of the Council, in determining the nominees, resolves which Member will have one vote on behalf of the Council.

4)    That one of the Council Trustees on Kirklees Active Leisure be authorised to represent the Council for the purposes of Member meetings pursuant to Section 323 of the Companies Act 2006, to exercise a vote.

5)    That it be noted that Paul Kemp (Service Director – Economy, Regeneration and Culture) is the Company Secretary for Kirklees Stadium Development Limited.

6)    That it be noted that Julie Muscroft (Service Director – Legal, Governance and Commissioning) is the Company Secretary for Kirklees Theatre Trust.

To determine, for the Municipal Year 2018/19 the Council’s spokespersons nominated to reply to oral questions at Council meetings upon any service provided by various organisations.

(Report attached)

Contact: Andrea Woodside, Principal Governance Officer

1)    That the nomination of spokespersons to reply to oral questions at Council meetings for the following organisations; Kirklees Active Leisure, Kirklees Neighbourhood Housing and West Yorkshire Crime Panel, be referred to Group Business Managers for determination.

2)    That it be noted that the spokespersons for the West Yorkshire Combined Authority (and its Committees); West Yorkshire Fire and Rescue Authority, and West Yorkshire Joint Services Committee will be notified by these bodies.

3)    That the appointed spokesperson for the West Yorkshire Joint Adoption Committee be the relevant Cabinet Portfolio Holder.

To appoint Chairs of the following Committees for the 2018/19 Municipal Year;

(a) Appeals Panel

(b) Corporate Governance and Audit Committee

(c) Health and Wellbeing Board

(d) Licensing and Safety Committee

(e) Overview and Scrutiny Management Committee

(f) Personnel Committee

(g) Standards Committee

(h) Strategic Planning Committee

(i)  Statutory Officer Dismissal Committee

(j) Scrutiny Panel – Childrens

(k) Scrutiny Panel – Corporate

(l) Scrutiny Panel – Economy & Neighbourhood

(m) Scrutiny Panel – Health & Adult Social Care

(Note: This schedule is based upon the approval of the proposed as set out at Agenda Item 11)

That the Chairs of Committees and Panels for the 2018/2019 Municipal Year be approved as follows;