Agenda and decisions

Contact: Andrea Woodside  Email: andrea.woodside@kirklees.gov.uk

Media

Items
No. Item

1.

To elect the Mayor for the ensuing year

To elect the Mayor for the 2021/2022 Municipal Year.

Decision:

That Councillor Nigel Patrick be elected as Mayor for the 2021/2020 Municipal Year.

2.

To appoint a Deputy Mayor for the ensuing year

To appoint a Deputy Mayor for the ensuing Municipal Year.

Decision:

That Councillor Mahmood Akhtar be appointed as Deputy Mayor for the 2021/2022 Municipal Year.

3.

Minutes of the Ordinary Meeting of the Council held on 17 March 2021 pdf icon PDF 208 KB

To agree and authorise the Mayor to sign as a correct record.

Decision:

RESOLVED - That the Minutes of the Meeting of Council held on 17 March 2021 be approved as a correct record.

4.

Interests pdf icon PDF 22 KB

The Councillors will be asked to say if there are any items on the Agenda in which they have a Disclosable Pecuniary Interest, which would prevent them from participating in any discussion or vote on an item, or any other interests.

Decision:

No interests were declared.

5.

Announcements by the Mayor and Chief Executive pdf icon PDF 18 KB

To receive any announcements and to note the results of the Local Council Elections held on 6 May 2021, and the acceptance of the Office of Councillors elected.

Decision:

The Chief Executive advised of the official return of Councillors following the local elections, held on 6 May 2021, 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 Tim Bamford, Adam Gregg, Robert Iredale, Matthew McCloughlin, Jackie Ramsay, Elizabeth Reynolds, Joshua Sheard and Mel Stephen.

 

Council received tributes to former Councillors who had not been re-elected on 6 May 2021; Richard Eastwood and Graham Turner.

 

6.

Apologies for absence

To receive any apologies for absence.

Decision:

Apologies for absence were received on behalf of Councillors Armer, K Taylor and White.

Motion Submitted Under Council Procedure Rule 15 (4)

Decision:

It was moved by Councillor Marchington, seconded by Councillor D Hall and

 

RESOLVED

 

That (i) under Council Procedure Rules 15 and 14(3), Corporate Governance and Audit Committee be asked to consider a report to enable the Council to make a decision as to whether to move from the Strong Leader and Cabinet System to a Committee System and that the report shall (contain sufficient detail and be completed within appropriate timescales to meet the requirements of the Local Government Act 2000, so that the Council can make a decision as to whether to return to the Committee System for the meeting of Annual Council in May 2022 (ii) the report should be completed in order to enable a debate at the meeting of Council on 8 September 2021 and (iii) the intent of the request to return to the Committee system in order to increase councillor participation in Council decisions, increase the transparency of decision making and improve the quality of decisions made in Kirklees be noted.

 

7.

Election of the Leader of the Council

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

Decision:

The Mayor invited nominations for Leader of the Council.

 

It was moved by Councillor J Taylor, and seconded by Councillor Bolt, that Councillor D Hall be appointed as Leader of the Council.

 

The Motion, upon being put to the vote was LOST, whereupon it was moved by Councillor Scott and seconded by Councillor Sokhal, that Councillor Pandor be appointed as Leader of the Council.

 

The Motion upon being put to the vote was CARRIED.

 

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

8.

Proposed amendments to Contract Procedure Rules (Reference from Corporate Governance and Audit Committee) pdf icon PDF 355 KB

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

 

(Report attached)

 

Contact: Jane Lockwood, Head of Procurement

 

 

Additional documents:

Decision:

It was moved by Councillor Simpson, seconded by Councillor J Taylor and

 

RESOLVED – That the proposed amendments to Contract Procedure Rules, as set out within the considered report, be approved.

 

 

9.

Proposed amendments to Financial Procedure Rules (Reference from Corporate Governance and Audit Committee) pdf icon PDF 360 KB

To consider and determine amendments to Financial Procedure Rules.

 

(Report attached)

 

Contact: Martin Dearnley, Head of Risk

Additional documents:

Decision:

It was moved by Councillor Simpson, seconded by Councillor J Taylor and

 

RESOLVED – That the proposed amendments to Financial Procedure Rules, as set out within the considered report, be approved.

 

10.

Proposed amendments to the Council's Constitution (Reference from Corporate Governance and Audit Committee) pdf icon PDF 687 KB

To consider proposed changes to the Council’s constitution and receive a summary of changes made by the Monitoring Officer using delegated powers.

 

(Report attached)

 

Contact: Julie Muscroft – Service Director (Legal, Governance and Commissioning)

Additional documents:

Decision:

It was moved by Councillor Simpson and seconded by Councillor S Hall,

 

‘That the proposed changes to the Council’s Constitution, as set out within the report, be approved.’

 

Whereupon it was moved by Councillor Bolt, and seconded by Councillor D Hall, by way of amendment, that Council Procedure Rule 35 (2) (iii) be amended to include the words ‘…or the Strategic Planning Committee or Sub Committee thereof’, thereby reading as follows ‘shall not appoint the Leader, the Deputy Leader of the Council or any Members of the Cabinet as Members of the Overview and Scrutiny or its Panels or the Strategic Planning Committee or Sub Committee thereof.’

 

Following the receipt of legal advice with regards to the validity of the amendment, it was moved by Councillor Greaves and seconded by Councillor Pandor that a meeting of Corporate Governance and Audit Committee be convened to enable the proposal to be discussed and a recommendation be submitted to the next meeting of Council.

 

The proposal, upon being put to the vote, was carried. The SUBSTANTIVE MOTION as amended was therefore put to the vote and it was

 

RESOLVED

 

1)    That the proposed amendments to the Council’s Constitution, as set out within the considered report, be approved.

 

2)    That Corporate Governance and Audit Committee be asked to consider the amendment as submitted by the Conservative Group, which sought to amend CPR 35 (2) (iii) to read ‘shall not appoint the Leader or Deputy Leader of the Council, or any Members of the Cabinet, as Members of Overview and Scrutiny Management Committee, or its Panels, or of Strategic Planning Committee or Sub Committee thereof’ and that a report of Corporate Governance and Audit Committee be submitted to the next meeting of Council.

 

11.

Proposed revisions to the Terms of Reference of Health and Wellbeing Board (Reference from Corporate Governance and Audit Committee) pdf icon PDF 217 KB

To consider the proposed revisions to the Terms of Reference for the Health and Wellbeing Board.

 

(Report attached)

 

Contact: Phil Longworth – Service Manager (Integrated Support)

Decision:

RESOLVED – That the proposed amendments to the Terms of Reference of Health and Wellbeing Board, as set out within the considered report, be approved.

 

12.

Meetings of Council 2021/2022 (Reference from Corporate Governance and Audit Committee) pdf icon PDF 119 KB

To determine the schedule of meetings of Council for the 2021/2022 Municipal Year.

 

(Report attached)

 

Contact: Samantha Lawton, Head of Governance

Decision:

RESOLVED – That the schedule of Meetings of Council, as set out in the considered report be approved, subject to the amendment of the date of Annual Council 2022 being moved from 18 to 25 May 2022.

13.

Appointment of Committees, Boards and Panels pdf icon PDF 215 KB

To determine the Committees, Boards and Panels of Council for the 2021/2022 municipal year.

 

(Report attached)

 

Contact: Samantha Lawton, Head of Governance

Decision:

RESOLVED – That approval be given to the establishment of the Committees, Boards and Panels, as set out within the considered report, for the 2021/2022 Municipal Year.

14.

Allocation of Seats pdf icon PDF 16 KB

To determine for the Municipal Year 2021/22 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 if there are any outstanding unallocated places.

 

(Schedule to follow)

 

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: Samantha Lawton, Head of Governance

15.

Membership of Committees, Boards and Panels, and Ratio of Substitutes Panel pdf icon PDF 326 KB

To determine for the Municipal Year 2021/22 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 to follow)

 

Contact: Samantha Lawton, Head of Governance

Decision:

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

16.

Dates/Times of Committees, Boards and Panels pdf icon PDF 127 KB

To determine the date/time of meetings of Committees, Boards and Panels for the 2021/2022 Municipal Year.

 

(Schedule attached)

 

Contact: Samantha Lawton, Head of Governance

Decision:

RESOLVED

 

1)    That the dates and times of meetings of Committees, Boards and Panels be in accordance with the schedule as set out at Agenda Item 16.

 

2)    That, pursuant to Agenda Item 12, the Meeting of Annual Council 2022 be moved to 25 May 2022.

 

3)    That, pursuant to Agenda Item 6b, an additional meeting of Corporate Governance and Audit Committee be scheduled prior to the first Ordinary Meeting of Council.

17.

Appointment of Members to Joint Authorities pdf icon PDF 375 KB

To determine for the arrangements for the allocation of seats on Joint Authorities for the 2021/2022 Municipal Year.

 

(Report attached)

 

Contact: Samantha Lawton, Head of Governance

Decision:

RESOLVED -

(1) That in order to fill places on (i) West Yorkshire Fire and Rescue Authority, and its Committees and (ii) West Yorkshire Police and Crime Panel, authority be delegated to Group Business Managers for determination.

 

(2) That Council appoint the Leader as Kirklees Council’s Elected Member for the WYCA, with the Deputy Leader as the WYCA Substitute Member.

 

(3) That Council delegate authority to the Chief Executive, in consultation with Group Leaders, WYCA’s Managing Director and other West Yorkshire Chief Executives,to appoint the 3 additional Members to WYCA 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 WYCA’s constituent councils, so far as reasonably practicable.

 

(4) That Council delegate authority to Group Business Managers to nominate members to WYCA’s Transport Committee (3 members) on ration 2:1.

 

(5) That Council note that the WYCA Member appointed by this Council (the Leader) will be appointed (in their capacity as WYCA Member), to WYCA’s Leeds City Region Partnership Committee and delegate authority to Chief Executive to appoint a substitute member.

 

(6) That Council delegate authority to the Chief Executive to nominate one member of the WYCA’s Business Investment Panel.

 

(7) That Council delegate authority to Group Business Managers to nominate three members to each of the three WYCA Scrutiny Committees; Corporate Overview and Scrutiny Committee, Economy Overview and Scrutiny Committee and Transport Overview and Scrutiny Committee. (Any nominated member may act as a substitute for another member on any of the three committees).

 

(8) That Council delegate authority to the Leader and Chief Executive, in consultation with Group Business Managers to:

 

·       Confirm any relevant Portfolio Holder to be appointed, or

·       Make any additional nomination

 

to any WYCA Committee or Panel, as requested by WYCA, after this Council’s annual meeting.

 

(9) That Council delegate authority to the Chief Executive to appoint a local authority representative and substitute to the LEP Board.

 

(10) That Council delegate authority to Group Business Managers to determine the appointment of Elected Members/Representatives to the remaining Joint Authorities not otherwise set out in this report.

 

18.

Appointments to Outside Bodies and Other Committees pdf icon PDF 405 KB

 

To determine, for the Municipal Year 2021/22, 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: Samantha Lawton, Head of Governance

 

Decision:

 

RESOLVED -

 

1)    That Council notes that GroupBusiness Managers will putforwardnominationsto the ServiceDirector(Legal, GovernanceandCommissioning) to fill places or makeany adjustmentsto nominees, as appropriate, following Council.

 

2)    That thosebodies withexecutivefunctions be referredtotheLeaderoftheCouncil to putforwardnominations.

 

3)     That, in relationto YorkshirePurchasingOrganisation Management Committee, Council agrees towaivepoliticalbalancerules whichapplyinaccordancewithSection17 of theLocal Governmentand HousingAct 1989 (this requires approval withno Member votingagainst); and notes that theLeaderof theCouncil, indeterminingthenominees (in consultation with the Group Business Managers), will resolve whichMember will havethe onevote on behalf of the Council, or whether the vote will be transferable between the nominees (and their sub).

 

4)    That oneoftheCouncil Trusteeson KirkleesActiveLeisure,to bedeterminedby the GroupBusinessManagers, beauthorisedto represent theCouncil for the  ...  view the full decision text for item 18.

19.

Spokespersons of Joint Committees and External Bodies pdf icon PDF 214 KB

To determine, for the 2021/2022 Municipal Year, the Council’s Spokespersons nominated to reply to oral questions at Council meetings upon any service provided by various organisations.

 

(Report attached)

 

Contact: Samantha Lawton, Head of Governance

Decision:

It was moved by Councillor Sokhal, seconded by Councillor R Smith and

 

RESOLVED

 

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 Police and Crime Panel, be delegated 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 those bodies.

 

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

 

20.

Appointment of Chairs of Committees and Lead Councillors - Place Partnership

To appoint Chairs of the following Committees, and Lead Councillors (Place Partnership) for the 2021/22 Municipal Year;

 

This schedule is based upon the approval of the proposed as set out at (Agenda Item 13).

 

 

(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

 

(n) Place Partnership – Batley, Birstall and Birkenshaw

 

(o) Place Partnership – Colne Valley

 

(p) Place Partnership - Dewsbury

 

(q) Place Partnership – Huddersfield Central

 

(r) Place Partnership – Huddersfield North

 

(s) Place Partnership – Huddersfield Rural

 

(t) Place Partnership – Spen Valley

 

 

 

 

Decision:

RESOLVED – That Chairs of Committees and Panels, and Lead Councillors – Place Partnership, be appointed as follows for the 2021/2022 Municipal Year;

 

Appeals Panel – Councillor J Ramsay

Corporate Governance and Audit Committee – Councillor Y Hussain

Health and Wellbeing Board – Councillor V Kendrick

Licensing and Safety Committee – Councillor A U Pinnock

Overview and Scrutiny Management Committee – Councillor E Smaje

Personnel Committee – Councillor S Pandor

Standards Committee – Councillor E Hill

Strategic Planning Committee – Councillor S Hall

Planning Sub Committee (Heavy Woollen Area) – Councillor M Hussain

Planning Sub Committee (Huddersfield Area) – Councillor T Lyons

Statutory Officer Dismissal Committee – Councillor S Pandor

 

Scrutiny Panel (Childrens) – Councillor A Marchington

Scrutiny Panel (Corporate) – Councillor A Cooper

Scrutiny Panel (Economy and Neighbourhood) – Councillor H Uppal

Scrutiny Panel (Health and Adult Social Care) – Councillor H Zaman

 

Place Partnership Lead (Batley, Birstall and Birkenshaw) – Councillor G Lowe

Place Partnership Lead (Colne Valley) – Councillor E Reynolds

Place Partnership Lead (Dewsbury) – Councillor N Dad

Place Partnership Lead (Huddersfield Central) – Councillor K Allison

Place Partnership Lead (Huddersfield North) – Councillor S Ullah

Place Partnership Lead (Huddersfield Rural) – Councillor C Greaves

Place Partnership Lead (Spen Valley) – Councillor A Pinnock