Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they might have in respect of business on this agenda.

Members were asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests which they may have in respect of business on the agenda. None were declared.

To consider the exclusion of the press and public from the meeting during consideration of the following:

Exempt Annex A to Agenda Item 5 as it contains information:

·        relating to individuals;

·        which is likely to reveal the identity of individuals;

·        relating to consultations or negotiations, or contemplated consultations or negotiations, in connection with labour relations matters arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority; and

·        in respect of which a claim to legal professional privilege could be maintained in legal proceedings

This information is classed as exempt under paragraphs 1,2,4 and 5 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

Members considered the exclusion of the press and public from the meeting during consideration of Exempt Annex A to Agenda Item 5 as it contained information:

·        relating to individuals;

·        which was likely to reveal the identity of individuals;

·        relating to consultations or negotiations, or contemplated consultations or negotiations, in connection with labour relations matters arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority; and

·        in respect of which a claim to legal professional privilege could be maintained in legal proceedings

Resolved:  To exclude the press and public during consideration of Exempt Annex A to Agenda Item 5.

Reason:     This information is classed as exempt under paragraphs 1,2,4 and of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

It is at this point in the meeting that members of the public who have registered their wish to speak can do so. The deadline for registering is by 5:00pm on Tuesday 19 June 2018.

To register please contact the Democracy Officer for the meeting, on the details at the foot of this agenda.

Filming, Recording or Webcasting Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers who have given their permission. This broadcast can be viewed at: http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting. Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at:

http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

It was reported that there had been three registrations to speak at the meeting under the Council’s Public Participation scheme, however the Chair advised that two of those had since withdrawn. The Chair stated that, although Mr Laverack had withdrawn his registration to speak, he wished for it to be recorded that his complaint regarding how he had been dealt with by the Council had not been answered.

Honorary Alderman Brian Watson spoke on item 5 – Observations and Learning from the LGA Review. He stated he felt it was in the public interest that this item be considered in public. He also stated that when the report spoke of heritage governance issues and transparency, these issues should be highlighted as something the Council was failing to address. He reminded Members that they had a duty to the public they serve and that therefore Officers’ advice to Members should be made public.

To approve and sign the minutes of the meeting of the Audit & Governance Committee held on 30 April 2018.

Councillor Kramm brought to the meeting a list of amendments to the minutes dated 30 April 2018. He stated he had circulated these prior to the meeting. However, as not all Members had seen the email, and the amendments were lengthy, it was agreed they should be brought to a future meeting when all Members had been given time to fully consider his amendments.

The Deputy Monitoring Officer reminded Members stated that minutes were brought to the Committee to approve them as an accurate record of a meeting. Therefore, amendments should be to correct factual inaccuracies, rather than to expand on the content.

The Chair stated that he felt the suggested additions added to the accuracy of the minutes.

Resolved:  That the minutes of the meeting held on 30 April be added to the next available agenda for consideration.

This report is provided for Committee members to consider the recommendations in the LGA report that relate to Audit & Governance Committee.

Members considered a report presenting recommendations contained in the LGA procured report that related to Audit & Governance Committee.

The Chief Executive attended the meeting to present the report and answer questions from the Committee.

In response to Member questions the Chief Executive stated that she had been at City of York Council for less than two years and was unsure as to whether Members had previously been asked to sign a confidentiality undertaking. As she had not been involved with the Staffing Matters and Urgency Committee which considered the report she was also unable to advise Members as to whether they had signed an undertaking. She clarified that she had received external advice from three sources on the legality of the confidentiality undertaking.

The Deputy Monitoring Officer reminded Members at this point that they would need to move into private session if they wished to discuss this legal advice in detail. She explained to members that, although they had already signed the Member Code of Conduct, that the confidentiality undertaking was a further safeguarding measure. This was not intended to question the integrity of Members, but rather to demonstrate their commitment to keep this information confidential.

In response to Member questions the Deputy Monitoring Officer stated that:

·        All but three Members of the Committee had signed the confidentiality undertaking;

·        The confidentiality undertaking was put in place to enable the Chief Executive to allow Members to access the exempt information ahead of the meeting.

·        Those three Members who had not signed the confidentiality undertaking would still be allowed to access the exempt information at the meeting, if it moved into private session; and

·        All Members would be expected required to return the exempt information to the Democracy Officer at the end of the meeting.

Following advice from the Deputy Monitoring Officer At this point in the meeting it was agreed to exclude the press and public and move into private session at this point, to allow all Members to consider the confidential legal advice.

Councillor Rawlings made the Chair and Chief Executive aware of his wish to remain in the room during the private session, as Shadow Executive member for Economic Development and Community and Engagement, which was the portfolio covering governance. After a short recess, where she took advice from the Deputy Monitoring Officer, the Chief Executive advised Councillor Rawlings he would have that, following the advice she had been given, she had made the decision to exclude him from to leave the meeting as he was not a Member of the Audit and Governance Committee, and had not demonstrated a need to know the exempt information in order to carry out his duties as a Councillor. He was therefore not entitled to access the exempt information. She also stated that letting Councillor Rawlings stay would change the political balance of the meeting. The Chair commented that he would have allowed Councillor Rawlings to remain in the meeting.

The Chair (Councillor Steward – Vice Chair), Councillor Lisle and  ...  view the full minutes text for item 5.