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MAIDSTONE BOROUGH COUNCIL ACTING AS CORPORATE TRUSTEE OF THE CHARITY KNOWN AS THE COBTREE MANOR ESTATE

22 May 2021

 

REVIEW OF ALLOCATION OF SEATS ON THE COBTREE MANOR ESTATE CHARITY COMMITTEE

 

Final Decision-Maker

Maidstone Borough Council acting as Corporate Trustee of the Charity Known as the Cobtree Manor Estate

Lead Head of Service

Angela Woodhouse, Head of Policy, Communications and Governance

 

Lead Officer and Report Author

Debbie Snook, Democratic Services Officer

 

Classification

Public

Wards affected

All

 

Executive Summary

Following the Borough Council elections on 6 May 2021, a review has been undertaken of the allocation of seats on the Cobtree Manor Estate Charity Committee. The Council, acting as Corporate Trustee, is asked to agree the allocation of seats on the Committee.

 

Purpose of Report

 

Decision

 

 

This report makes the following recommendation to Council Acting as Corporate Trustee of the Charity Known as the Cobtree Manor Estate:

1. That the allocation of seats on the Cobtree Manor Estate Charity Committee as set out below be approved:

 

Conservative

3

Liberal Democrat

1

Independent

0

Labour

1

 

 

Timetable

Meeting

Date

Maidstone Borough Council Acting as Corporate Trustee of the Charity Known as the Cobtree Manor Estate

22 May 2021



REVIEW OF ALLOCATION OF SEATS ON THE COBTREE MANOR ESTATE CHARITY COMMITTEE

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

N/A

Democratic Services Officer

Cross Cutting Objectives

N/A

Democratic Services Officer

Risk Management

See section 5 below

Democratic Services Officer

Financial

The Committee forms part of the original plan for the committee system of governance and as such there are no additional financial implications.

Section 151 Officer

Staffing

There are no staffing implications

Democratic Services Officer

Legal

The Council must allocate seats on Committees to the different political groups to reflect the size of each political group Section 15 of the Local Government and Housing Act 1989. Consideration should be given to the matters outlined in the legislation. It is possible to have Committees that are not politically balanced provided that when alternative arrangements are put to the vote, no Member of the Council votes against them.

The appointments to the Committees should reflect the wishes of the political groups Local Government (Committees and Political Groups) Regulations 1990 (as amended).

Head of Mid-Kent Legal Services

Privacy and Data Protection

No specific issues arise.

 

Data Protection Officer

Equalities

The review will ensure an equitable political representation in membership of Committees.

Equalities and Corporate Policy Officer

Public Health

No specific issues arise.

 

Democratic Services Officer

Crime and Disorder

No specific issues arise.

 

Democratic Services Officer

Procurement

No specific issues arise.

 

Democratic Services Officer

 

2. INTRODUCTION AND BACKGROUND

 

2.1 The Council has a statutory requirement under the Local Government and Housing Act 1989 to ensure political proportionality in the membership of Committees. Following the Borough Council elections on 6 May 2021, the composition of the Council has changed, and this necessitates a review of the allocation of seats on Committees, including the Cobtree Manor Estate Charity Committee which comprises five Members.

 

 

3.   AVAILABLE OPTIONS

 

3.1 To achieve political balance, the allocation of seats on the Cobtree Manor Estate Charity Committee would be as follows:

 

Conservative

3

Liberal Democrat

1

Independent

0

Labour

1

 

3.2 Section 17 of the Local Government and Housing Act 1989 provides for exceptions to the political balance requirements. Essentially, the Council can amend the political balance of a Committee provided that notice of the intention to give such consideration has been given to all Members of the Council and that when the alternative arrangements are put to the vote at the Council meeting, no Member of the Council votes against them.

 

 

4. PREFERRED OPTION AND REASONS FOR RECOMMENDATION

 

4.1 It is proposed, following consultation with Group Leaders, that the allocation of seats on the Cobtree Manor Estate Charity Committee be as set out in paragraph 3.1 above.

5. RISK

 

5.1 The review of the allocation of seats on the Committee will ensure an appropriate political balance in membership of the Committee. The prompt and correct allocation of seats on Committees is vital to maintaining an effective and transparent governance framework.

 

 

6. CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

 

6.1 Group Leaders have been consulted on the proposed allocation of seats on the Cobtree Manor Estate Charity Committee.

 

 

7. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

7.1 Once the allocation of seats has been decided upon, there is a duty to give effect to the allocation by making appointments to them in accordance with the wishes of the Group Leaders on behalf of their respective Political Groups. The Cobtree Manor Estate Charity Committee has indicated previously that it wishes to retain, as far as possible, the same membership for continuity purposes.

 

 

8. BACKGROUND PAPERS

 

None