Agenda and minutes

Apologies for absence were received on behalf of Councillors Graham Eyre, Gordon Jackson, Susan Parker, and Fiona White.

To receive and note any disclosable pecuniary interests from councillors. In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must not participate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no declarations of disclosable pecuniary interests.

Councillor David Bilbé declared a non-pecuniary interest in relation to agenda item 7 (Local Government Act 1972 (Section 91) - Normandy Parish Council) on the basis that he was the single ward councillor for Normandy and confirmed that this would not affect his objectivity in relation to the consideration of the matter.

To receive any communications or announcements from the Mayor.

The Mayor noted that Ahmadiyya Muslim Association (AMA) had invited the Leader of the Council to their ‘Big Mercy 4 Mankind ‘Thank You’ event on 26 February 2021, where he presented the group award and during his vote of thanks announced that our Mayor’s Awards presentation ceremony would be streamed live on Wednesday 21 April, and that further details would be announced in due course. 

The Mayor congratulated the AMA for hosting the event and thanked all local volunteers for the support they had provided throughout the pandemic and for those playing such a key role in the vaccine programme. 

The Mayor reported that, on 3 March 2021, he had attended the virtual launch of the new Special Care Baby Unit and the Royal Surrey County Hospital, which was also attended by the MPs for Guildford and South West Surrey.  Guildford was very fortunate to have such first-class facilities at the hospital together with such dedicated staff.

The Mayor was very pleased to report that both he and the Mayoress had received their Covid vaccine jabs recently encouraged everyone to take up the offer of the vaccine as soon as they were contacted. 

Finally, the Mayor thanked the Deputy Mayor, Councillor Marsha Moseley who had deputised for him during his convalescence.

To receive any communications or announcements from the Leader of the Council.

The Leader reported on the huge optimism nationally about the impact of the vaccination programme and the current lockdown.  Guildford had very low case rates, the lowest in Surrey and in the lowest 10% of the country.  He indicated that there were plans to reopen our markets, to discuss the staging of summer events and to move closer to the day when we could see our friends and families. 

Following the decisions taken by the Executive on 16 February 2021, the Council was engaging with the LGA and Waverley Borough Council to map the process by which options would be investigated for collaboration.  The Leader hoped that there would be some firm options to debate within a couple of months.   

The Leader announced that the Local Government Boundary Commission for England had agreed recently to extend the deadline for receipt of warding pattern submissions by a further two months so that we would have appropriate time to consider this important work.

To receive questions or statements from the public in relation only to the business for which this extraordinary meeting has been called.

Ms Roshan Bailey (resident of Normandy) made a statement in respect of the matter referred to in agenda item 7 (see Minute CO86 below).

Ms Bailey commented that she was grateful for the proposed intervention by the Borough Council with the appointment of temporary parish councillors to Normandy Parish Council to re-establish a functioning Parish Council to support the local community.  In particular, Ms Bailey looked forward to the parish council being able to address some of the high priority issues affecting the parish council, which could not wait until after the elections in May.

In response, the Leader of the Council, Councillor Joss Bigmore thanked Ms Bailey and assured her that the councillors proposed as temporary parish councillors were very keen to get on with the task of re-establishing a functioning parish council and had scheduled an informal early meeting to make sure that they are prepared for what needed to be done and returning some stability to the parish council in advance of the elections.

To hear questions (if any) from councillors of which due notice has been given in relation only to the business for which this extraordinary meeting has been called.

There were no questions from councillors.

The Council had been informed that seven parish councillors had resigned recently from Normandy Parish Council. 

The statutory notices of vacancy had been published and written requests for an election to fill the vacancies had been received from the required minimum of ten electors residing within the parish.  The election would take place on 6 May 2021.

The effect of these resignations was that the Parish Council was now inquorate – with two remaining parish councillors – and unable to meet lawfully to transact the business of the Parish Council. 

Councillors considered a report which asked the Council to make an order under Section 91 of the Local Government Act 1972 to make temporary appointments to Normandy Parish Council to fill some or all of the vacancies pending the outcome of the election.  The effect of making the temporary appointments was to enable the Parish Council to conduct its business lawfully until then.

As this was the first occasion that a local parish council had become inquorate for many years, it was proposed that the Council delegated its power to make Section 91 orders to the Managing Director, in consultation with the Leader of the Council, political group leaders, local ward councillors, and the Monitoring Officer. It was also proposed that the Council should adopt a procedure for dealing with inquorate parish councils in the future, a copy of which was set out in Appendix 1 to the report.

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, seconded by the Deputy Leader of the Council, Councillor Caroline Reeves, the Council

RESOLVED:

(1)   That an order be made under Section 91 of the Local Government Act 1972, the effect of which is to appoint on a temporary basis the following persons to fill five of the vacancies on Normandy Parish Council so that the Parish Council is quorate and can continue to act:

·       Councillor David Bilbé

·       Councillor Bob McShee

·       Councillor Ramsey Nagaty

·       Councillor Paul Spooner

·       Councillor Fiona White

(2)   That authority be delegated to the Managing Director, in consultation with the Leader of the Council, political group leaders, local ward councillor(s), and the Monitoring Officer, to make orders under Section 91 of the Local Government Act 1972 should a similar situation arise in future in respect of any parish council in the borough, following the procedure set out in Appendix 1 to the report submitted to the Council.

Reasons:

(1)   Section 91 of the Local Government Act 1972 allows the Borough Council to appoint a sufficient number of persons to act as parish councillors on a temporary basis, to enable the work of the Parish Council to continue until it has a sufficient number of elected parish councillors to be quorate.

(2)   To enable the Borough Council to act quickly in the future should any parish council within the borough become inquorate.

The Council was reminded that the Public Sector Exit Pay Cap Regulations, which came into force on 4 November 2020, implemented a £95,000 cap on exit payments in respect of staff and the Council, at its meeting on 8 December 2020, had approved the amended Pay Policy Statement 2020-21 to reflect the Regulations.  The Pay Policy Statement 2021-22 had been approved by the Council at its meeting on 10 February 2021.  However, on 12 February 2021, the Government had revoked the Regulations, which meant that the 2021-22 Pay Policy Statement now needed to be amended.

The Council considered a report, which had also been considered by the Employment Committee on 3 March 2021, which set out details of the required amendments to the Pay Policy Statement.   The Committee had endorsed the proposed amendments.

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, seconded by the Lead Councillor for Resources, Councillor Tim Anderson, the Council

RESOLVED: That the proposed amendments to the Pay Policy Statement for the 2021-22 financial year, shown by way of tracked changes in Appendix 1 to the report submitted to the Council, be approved.

Reason:

The Pay Policy Statement 2021-22 requires amendment following the Government’s revocation of the Public Sector Exit Pay Cap announced on 12 February 2021.

The Council is asked the consider passing the following resolution:

“That under Section 100A(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for consideration of the following item of business on the grounds that It involves the likely disclosure of exempt information,

as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.”

Upon the motion of The Mayor, Councillor Richard Billington, seconded by the Deputy Mayor, Councillor Marsha Moseley, the Council

RESOLVED:  That under Section 100A(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for consideration of the business contained in agenda item 10 on the grounds that it involved the likely disclosure of exempt information, as defined in paragraph 1 of Schedule 12A to the Act. 

In the light of the amendments that the Council had approved to the Pay Policy Statement for 2021-22 proposed in agenda item 8 on the agenda due to the recent revocation of the Public Sector Exit Pay Cap Regulations 2020, the Council was invited to consider two proposed redundancy termination payments which exceeded, in both cases, the £95,000 threshold.

The Council considered a report on this matter, which had also been considered by the Employment Committee on 3 March 2021.  The Committee had endorsed the proposed redundancy termination payments.

The Leader of the Council, Councillor Joss Bigmore proposed, and the Lead Councillor for Resources, Councillor Tim Anderson seconded, a motion to approve the proposed payments.

During the debate, the Leader of the Council agreed in respect of future reports on proposed redundancy termination payments in excess of £95,000 to:

(a)   provide a breakdown of how the figures suggested for payment were reached, and

(b)   look at how the information in such reports might be more transparently provided

Having considered the report, the Council

RESOLVED: That the proposed termination payments associated with the redundancy of two posts which exceed £95,000, as set out in the table in paragraph 3.1 of the report submitted to the Council, be approved.

Reason:

To enable the payment of the full entitlement of termination pay to two employees whose posts have been made, or proposed to be made, redundant.

To order the Common Seal to be affixed to any document to give effect to any decision taken by the Council at this meeting.

The Council

RESOLVED: That the Common Seal of the Council be affixed to any documents to give effect to any decisions taken by the Council at this meeting.