Minutes:
The Committee considered an exempt report of Legal Services, which presented proposed revisions to the Constitution of the Eastern Shires Purchasing Organisation (ESPO), as summarised in the appendix to the report, and sought approval of those changes. A copy of the report marked ‘Agenda Item 14’ is filed with these minutes.
The exempt report was not for publication as it contained information relating to the financial or business affairs of a particular person (including the authority holding that information).
The Legal Services Officer responded to questions and discussions related to the following:
i.
Noted that the proposals were intended to
support more proportionate and resilient governance arrangements, including
revised arrangements for the Management Committee, officer groups and
finance-related governance meetings. It was emphasised that the intention was
not to reduce transparency, but to ensure that Member and officer time was used
effectively and that information could continue to be shared openly with
Members.
ii.
Discussed the proposed reduction in the number
of scheduled meetings, and value of briefings and informal engagement with
Members. It was suggested that briefing arrangements could be blended into the
revised meeting structure where appropriate.
iii.
Raised concern regarding the extent to which
remote attendance could be accommodated under the Local Government Act 1972. Officers
advised that the legal position had been considered carefully and that,
following the High Court decision in 2021, formal decision-making meetings of
local authorities and joint committees were required to be held in person. The
report had therefore been prepared on the basis of the current legal position,
while including provision to allow any future legislative change to be applied
without delay.
iv.
Queried the proposed delegation of authority to the
Managing Director. Officers explained that the intention was to clarify
operational decision-making responsibilities. Key strategic decisions,
including the approval of business plans and accounts, would remain with the
Management Committee, while day-to-day operational decisions would sit with the
Managing Director. Members were advised that the proposals did not prevent
matters being brought to the Committee where appropriate but were intended to ensure
that decisions could be made in a timely manner between meetings.
v.
Clarification was sought regarding the
appointment of the Managing Director. Members were advised that the scheme of
delegation was unchanged and that the appointment process would continue to
involve Member input, as appropriate. It was further noted that, although ESPO
staff were employed by Leicestershire County Council, the associated employment
costs were met by ESPO.
vi.
Members discussed the proposed changes to titles
within the Constitution. Officers explained that the proposed changes were
intended to reflect current operating arrangements and to use clearer
terminology, and that any changes to job titles would be progressed through the
appropriate human resources processes.
vii.
Concerns were raised regarding the proposed
reduction in the quorum threshold to three Members, particularly the
possibility that a quorate meeting could include more than one Member from the same
authority and therefore appear to lack wider representation. The Chair noted
that the proposal was intended as a backstop to avoid meetings being abandoned
where Members were unable to attend. Officers further advised that the voting
provisions would continue to apply, with each Member having one vote, and that
the arrangements were not intended to enable any manipulation of voting
outcomes.
viii. It was suggested that further wording be drafted to address Members’ concerns regarding appointment of Chairman on a rota basis, to be brought to the next meeting of Management Committee for further consideration before any final decision was taken.
It was moved by Cllr Wyatt and seconded by Mr Fowler CC that
the agreed revisions to the Constitution, as outlined in the appendix to the
report, be approved. Upon being put to the vote, the motion was carried, with
one abstention.
Officers were also requested to review the rules relating to
the appointment of the Chairman and the duration of the appointment. A further
report on this matter would be brought back to a future meeting of the
Management Board for discussion.
RESOLVED:
a)
That revisions to the Constitution of the
Eastern Shires Purchasing Organisation (ESPO), as summarised in the appendix to
the report, be approved.
b)
That officers review the rules regarding the
appointment of Chairman, and a report brought to a future meeting of Management
Board for consideration.