Meeting Details

Meeting Summary
Governance Committee
24 Nov 2015 - 18:00
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Part A
1 Welcome and Announcements

a)     The Chairman to welcome members of the public and Councillors and to remind all speakers of the requirement for microphones to be used at all times.

(b)     At the Chairman's discretion, to announce information on:

  • action in the event of an emergency;
  • mobile phones switched to silent;
  • the audio-recording of meetings;
  • location of toilets;
  • introduction of members of the meeting.
2 Substitutions

Members may arrange for a substitute councillor to attend a meeting on their behalf, subject to prior notice being given. The attendance of substitute councillors must be recorded.

3 Urgent Items

To announce any items not on the agenda which the Chairman has agreed to consider because they are urgent, to give reasons for the urgency and to indicate where in the order of business the item will be considered.

4 Declarations of Interest

The Chairman to invite Councillors to declare individually any interests they may have in the items on the agenda. Councillors should consult Meetings General Procedure Rule 7 for full guidance on the registration and declaration of interests. However Councillors may wish to note the following:- 

  • Where a Councillor has a disclosable pecuniary interest, other pecuniary interest or a non-pecuniary interest in any business of the authority and he/she is present at a meeting of the authority at which the business is considered, the Councillor must disclose to that meeting the existence and nature of that interest, whether or not such interest is registered on his/her register of Interests or if he/she has made a pending notification.  
     
  • If a Councillor has a disclosable pecuniary interest in a matter being considered at a meeting, he/she must not participate in any discussion or vote on the matter at the meeting. The Councillor must withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.
     
  • Where a Councillor has another pecuniary interest in a matter being considered at a meeting and where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the Councillor’s judgement of the public interest, the Councillor must disclose the existence and nature of the interest and withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.
     
  • Failure to comply with the arrangements regarding disclosable pecuniary interests without reasonable excuse is a criminal offence, with a penalty of up to £5,000 and disqualification from office for up to 5 years.
5 Have Your Say!
a) The Chairman to invite members of the public to indicate if they wish to speak or present a petition at this meeting – either on an item on the agenda or on a general matter relating to the terms of reference of the Committee/Panel not on this agenda. You should indicate your wish to speak at this point if your name has not been noted by Council staff.

(b) The Chairman to invite contributions from members of the public who wish to Have Your Say! on a general matter relating to the terms of reference of the Committee/Panel not on this agenda.
6 pdf Minutes (194Kb)
To confirm as a correct record the minutes of the meeting held 13 October 2015.
25.

The minutes of the meeting held 13 October 2015 were confirmed as a correct record. 

See report of Assistant Chief Executive.
26.

Councillor Liddy introduced to the Work Programme for 2015/16.

The Committee noted that items on Gifts and Hospitality and Member/Officer Protocol would be brought to the January meeting of the Governance Committee.

RESOLVED that:

(a)  An item on Gifts and Hospitality, and an item on the Member/Protocol be brought to 19 January 2016 Governance Committee.

(b)  The Work Programme be noted.

See report of Monitoring Officer.
27.

The Governance Committee received an update to confirm that all members who had required Members Code of Conduct training as a result of the decision at the previous Governance Committee had now received that training.

The Committee discussed whether all Colchester Borough Councillors should be required to undertake mandatory code of conduct training. Councillors also requested that training attendance that is still relevant be uploaded on to the Colchester Borough Council website. The Committee were also made aware of a scheduled induction day on 12 May for new Councillors after the election which will include Code of Conduct training. Some members of the Committee raised concerns that Councillors should not be restricted from sitting on those Committees that were not quasi-judicial if they have not completed the training.

The Chief Operating Officer stated that a proposal to look at whether Code of Conduct training should become mandatory for all Councillors could be looked at in detail by the Member Development Group.

Councillor Oxford attended the meeting and, with consent of the Chairman, stated that as a member of the Member Development Group they have been looking at mandatory training and working with Essex County Council to share training expertise.

RESOLVED that;

(a)  The Governance Committee request the Member Development Group to look into compulsory training for Councillors.

(b)  The Councillor Code of Conduct Training – Update Report be noted. 

See report of Assistant Chief Executive
28.

Debbie Hanson, Ernst and Young, introduced the Annual Audit Letter to the Governance Committee. The report requests that the Committee consider and note the contents of the 2014/15 Annual Audit Letter, and the notification of a variation to the final fee.

Debbie Hanson stated that this would be the last occasion that she would be representing Ernst and Young for Colchester Borough Council, as due to independence rules there has to be rotation of Audit Directors. In future this function will be completed by Kevin Suter, with Francesca Palmer remaining as the Audit Manager for Colchester Borough Council.

The Annual Audit letter is a requirement under the Code of Audit Practice, and contains similar information as provided in the Audit Results Report but tailored for members of the public rather than a technical report.

Debbie Hanson stated that Ernst and Young had given Colchester Borough Council an unqualified audit opinion and an unqualified value for money conclusion on the 17th of September in advance of the statutory deadline. The key findings in the report as previously reported to the Governance Committee highlight the risks associated around external funding and the use of the New Homes Bonus.

Debbie Hanson highlighted that the Audit Letter reports future accounting changes that have not been reported before and will impact Colchester Borough Council. This includes a new requirement to account for Highways Network Assets in 2016/17. Whilst this will mainly impact on the County Council’s there may be a requirement on District Councils where certain assets are categorised as part of the Highways Network, which will may require a significant amount of data collection. Debbie Hanson stated that whilst the guidance from the Chartered Institute for Public Finance and Accountancy has yet to be issued, it has been flagged to all Council clients and a number of workshops have already taken place. In addition to this change there will also be the requirement to close the accounts by the end of May and for the audit process to have completed by the end of July. Debbie Hanson stated that the Council are aware and are prepared.

In response to questions of the audit procedures and the risks that have been identified, Debbie Hanson stated that the audit focus is on those areas of the organisation where the accounts have more manual intervention or are based on significant estimates. An example of this is the estimation of business rates provision, and the work on financial journals. In addition the audit will look at ensuring that Capital spending is funded by the capital budget and not from the general balance sheet.

In response to a question on the impact from the change from Depreciated Historic Cost to Depreciated Replacement Cost for the Highways Network Assets, Debbie Hanson stated that the answer is not yet known. There may be an issue with the unadopted roads and street lights and whether deemed to be part of the highways network. Ernst and Young are still waiting for guidance from the CIPFA to determine the extent of the work required; there has been confirmation that this will only apply going forward from 2016/17.

RESOLVED that the Annual Audit Letter be noted. 

See report of Electoral Registration Officer
29.

Sarah Cheek, Electoral Services Manager, introduced the Polling Districts and Polling Places Review, requesting that the Governance Committee consider the proposed changes to Polling Districts and Polling Places following the consultation period. The report also asks the Committee to recommend the report to Full Council.

Sarah Cheek presented the report to the Committee, outlining that the review of the Polling Districts and Polling Places was necessary due to the boundary review creating polling districts that were no longer aligned. After approval from the Governance Committee on 8 September a consultation was launched for a period of 30 days.

Following the consultation there have been three changes to the Polling Districts and Places that have been included in Appendix B. The first is the movement of the polling station in Old Heath Ward, Scarletts District to Worsnop House making it more accessible for those living in the ward. The second change is for the polling station for Mile End Ward, Bergholt Road District to be moved within the ward. The final change is in Greenstead Ward, where Heatley Way will move from Longridge District to Hawthorn Avenue District. This has been changed to make the polling district more accessible and convenient for the elector.

Sarah Cheek stated that all of the Polling stations will now be mapped with the changes. The publication of the electoral register will take place on 1 February 2016; with the first election where the changes have been implemented is 5 May 2016.

Councillor Hayes questioned whether the mapped changes will be placed on the internet. Sarah Cheek stated that this had not yet been published on the website, but this is something that is scheduled to occur as soon as possible.

Councillor Willetts asked whether there was likely to be further consultations on the naming of the polling districts. Councillor Willetts highlighted that in Lexden and Braiswick Ward the Trafalgar Polling District no longer contains the roads that gave it is name as they have been moved to a different District. Sarah Cheek stated that the renaming of Polling Districts is not something that is included in this consultation; keeping the same names in this consultation allowed for consistency for members of the public. If Councillors wished for the names to be changed in the future a further consultation could be conducted.

RESOLVED that;

(a)                  The Governance Committee considered the proposed changes to polling districts and polling places following the consultation.

(b)                  The Governance Committee RECOMMEND to Full Council that the Polling Districts and Polling Places Review be approved and adopted.

See report of Assistant Chief Executive
30.

Hayley McGrath, Corporate Governance Manager, introduced the Interim Review of the Annual Governance Statement Action Plan. The Committee is requested to consider and note the work undertaken to implement the current Annual Governance Statement Action Plan.

Hayley McGrath stated that there had been good progress on the three issues identified as part of the action plan, with all the additional controls due to be fully implemented by the end of the financial year. In addition the report included the action plan updates for the North Essex Parking Partnership and the Colchester and Ipswich Museum Service, which have been agreed and accepted by their own Committees.

RESOLVED that the Interim Review of the Annual Governance Statement Action Plan be noted.

See report of Assistant Chief Executive
31.

Hayley McGrath, Corporate Governance Manager, introduced the Mid-Year Internal Audit Assurance Report 2015/16. The report requests that the Governance Committee note and comment on the internal audit activity for the period between April and September and the performance of the internal audit by reference to national best practice benchmarks.

Hayley McGrath stated that there was an effective internal audit service at Colchester Borough Council and there had been good progress on the audit recommendations. With regard to the audit days used, Hayley McGrath highlighted that the audits are on track and the majority of audit days are used towards the end of the financial year.

The Committee heard that the Discretionary Housing Payments Team had been audited for the first time and achieved a full assurance level rating. There were also two audits which had been given a limited assurance level due to a level one recommendation. The first of which was the Lions Walk Activity Centre which had received a level one recommendation due to the need to carry out a monthly reconciliation of memberships to ensure that all expected membership fees have been collected. The second limited audit was the Building Control Fees, which related to the requirement for independent verification and recording of evidence when charging the building control fees on unique developments.

RESOLVED that the Mid-Year Internal Audit Assurance Report 2015/16 be noted.

13 Exclusion of the Public (not Scrutiny or Executive)
In accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public, including the press, from the meeting so that any items containing exempt information (for example confidential personal, financial or legal advice), in Part B of this agenda (printed on yellow paper) can be decided. (Exempt information is defined in Section 100I and Schedule 12A of the Local Government Act 1972).
Part B

Attendance

Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
NameReason for Sending ApologySubstituted By
Councillor Christopher Arnold Councillor Dennis Willetts
Councillor John Elliott  
Councillor Ben Locker  
Absent
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Visitor Information is not yet available for this meeting