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					                                                                           AGENDA ITEM NO: 13

                                BOSTON BOROUGH COUNCIL


                                   REPORT TO CABINET
                                        21 OCTOBER 2009

SUBJECT:                         NEW EXECUTIVE ARRANGEMENTS

PORTFOLIO HOLDER:                CLLR RICHARD LENTON- FINANCIAL MANAGEMENT
                                 AND CORPORATE GOVERNANCE

REPORT BY:                       LEGAL SERVICES MANAGER


Reason For Report:
To consider the change to the new executive arrangements as required by the Local Government and
Public Involvement in Health Act 2007.


Summary:
1.The Local Government and Public Involvement in Health Act 2007 introduces changes to the models
of executive arrangements for Councils. There are now two forms of executive- the Mayor and Cabinet
Executive and the new Leader and Cabinet Executive (England) model.
2.The Leader and Cabinet Executive model which the Council currently operates is now abolished
although transitional provisions allow the Council to continue to operate under the existing
arrangements until May 2011
3. Even if the Council is minded to opt for the new style Leader and Cabinet (England) model, the
Council must follow statutory procedures for such a change.
3.The report sets out a proposed timetable for changing the executive arrangements and the method
and extent of consultation.




Recommendation(s):
To recommend to Council that:-
1.Consultation on the options for changing the executive arrangements be carried out in the same
manner and at the same time as the budget consultation as well as via the Council’s website in
accordance with the timetable as set out in the report. Consultation to take place on both forms of
executive.
2. The consultation document be in the form attached at Appendix A.
Reasons for Recommendations:
It is a matter for members to decide on the timetable for changing the executive arrangements and the
extent and manner of consultation.

Alternative Options:
To put forward alternative methods or timetable for consultation.


Background Papers:
None


Implications:

Relationship to Community Plan
None


Financial
If a referendum is held the costs of this are estimated at £50,000. The future arrangements
may not be within existing budgetry identified within the Medium Term Financial Plan.
The current Cabinet structure (plus civic Mayor) costs £61,720 in 2009/10.
Depending on the number of Cabinet members in the new structure the costs, based on
2009/10 prices for the new Leader model will range from £31,240 to £61,720. In comparison
the costs of the Mayor model will range from £87,210 to £253,050. Members’ allowances are
currently paid at 40% below the levels recommended and if this assumption is applied to the
Mayor model this would reduce the costs to a range from £58,810 to £154,250.
In addition to these costs, secretariat support to either model would cost £25,000 per FTE.
The costs of the ballot to elect a Mayor are estimated at £21,000 if the election is held at the
same time as the local elections.

Impact on Performance
None


Human Resources
N/A


Equality Impact Assessment
N/A


Risk Management
N/A




                                                     2
Legal
If the Council fails to implement the provisions the Secretary of State can intervene and by
order prescribe the application of the Leader and Cabinet Executive (England) model as
from May 2011.

Environmental
N/A                                                                                            

Wards
All                                                                                            

Main Report:

1       Legislative Background

        The Local Government Act 2000 required all principal local authorities to adopt “executive
        arrangements” in one of three forms, namely –

        1.1     Mayor and Cabinet Executive
        1.2     Leader and Cabinet Executive
        1.3     Mayor and Council Manager.

        Part 3 of the Local Government and Public Involvement in Health Act 2007 now abolishes the
        Mayor and Council Manager model and in England replaces the Leader and Cabinet Executive
        model with the Leader and Cabinet Executive (England) model. The new Leader and Cabinet
        Executive (England) is a different model of executive arrangement to the old-style Leader and
        Cabinet Executive model, so it requires a change from one form of executive to another form of
        executive.

2       The new Leader and Cabinet Executive (England) Model

        In the new Leader and Cabinet Executive (England) model,
              the Leader is elected at the annual Council meeting after his/her election to the Council
                 and he/she will be remain in office for a 4 year term corresponding to his /her term as
                 councillor.
              the Leader is then responsible for determining the size of the Cabinet (at least 2 and
                 up to 9 councillors); appointing, removing and replacing members of the Cabinet;
                 allocating portfolios or areas of responsibility to the various Cabinet Members and
                 allocating decision-making powers to the Cabinet and to individual Cabinet Members
                 or officers. At present the Council has a discretion to exclude decision making by
                 single Cabinet members and the Council has exercised that discretion. The Council
                 can also relax that discretion prior to May 2011 by a resolution of Council if it so
                 wishes. However, from May 2011, all executive functions will rest with the Leader and
                 the Leader will therefore have complete discretion to allocate decision-making powers


                                                    3
              to the Cabinet as a body or to delegate decision-making to individual Cabinet members
              or to officers.
             during his/her term of office, the Leader may cease to be Leader by virtue of death or
              disqualification, but may only be removed from office by a resolution of Council.
             Currently the Deputy Leader is not a statutory post and the only functions that can be
              delegated to the Deputy Leader are those functions exercisable by a single Cabinet
              member as portfolio holder. However, after May 2011 the post of Deputy Leader is
              recognised in law and where the Leader is unable to act or the office of Leader is
              vacant then the Deputy Leader will exercise all the functions of Leader, such as
              appointing members of Cabinet and arranging for the delegation of functions.
             The Cabinet would recommend the budget and major policies to the Council, but the
              full Council could change this by a simple majority.
             There would be no additional cost.

3   The Mayor and Cabinet model

    In the Mayor and Cabinet model,
          The Mayor is directly elected by the local authority electorate and unlike the Leader is
             not a Councillor and does not have his/her own ward.
          The ceremonial Mayor will remain as a separate post.
          The Mayor will hold office for four years and cannot be removed by the Council
          The Mayor will appoint a Cabinet of at least 2 and up to 9 councillors, allocating
             portfolios or areas of responsibility to the various Cabinet Members and allocating
             decision-making powers to the Cabinet and to individual Cabinet Members or officers
          The Mayor will appoint a Deputy Mayor from the Cabinet and where the Mayor is
             unable to act or the office of Mayor is vacant then the Deputy Mayor must act in his
             place.
          The Cabinet would recommend the budget and strategic policies to the Council which
             can only amend or overturn them by a two-thirds majority
          The process of electing a Mayor would incur additional election expenses and there
             would be potential for administrative costs in supporting a Mayor’s office. An elected
             Mayor would be entitled to a higher allowance than under the Council’s current
             allowance scheme.

4   Timetable for the change

    Section 65 and Schedule 4 of the 2007 Act set out a timetable for making the change to the
    new executive arrangements. This timetable is different for different types of local authority but
    Boston Borough Council has to pass the relevant resolution by 31st December 2010, and
    implement the change 3 days after the next local elections (i.e. May 2011).

5   The Process for Change

    The process for change is set out in Section 33E to G. The legislation is far from clear, but it
    sets out a staged process –

    5.1       Before drawing up proposals for change, the authority must “take reasonable steps to
              consult the local government electors and other interested persons in the area”
              (Section 33G(6)). The extent of consultation is not prescribed but at the Members
              Forum held on 29 September 2009 (following the resolution of the Policy Review and


                                                4
                Governance meeting on 10 September 2009) it was proposed that that the authority
                should formally consult in the same manner and at the same as the budget
                consultation as well as via the Council’s website.

        5.2     At this stage there is a choice of moving either to a Leader and Cabinet Executive
                (England) model or to a Mayor and Cabinet Executive model. It is proposed that
                Consultation should take place on the two options

        5.3     Following consultation the authority must then draw up proposals, which should be a
                schedule of the proposed changes to the Constitution, the implementation timetable
                and any transitional arrangements. In drawing up these proposals, the authority must
                have regard to the impact on the 3 Es (economy, efficiency and effectiveness). Once
                the proposals have been drawn up, the authority must make them available to the
                public and advertise that they are available (though not that anyone may comment on
                them).
        5.4     There was previously a requirement that before the Council could implement proposals
                for an elected Mayor there must be a referendum. This has now been changed and the
                holding of a referendum is discretionary unless the authority’s current form of executive
                was itself approved in a referendum. This does not affect the requirement to hold a
                referendum if at least 5% of the local electorate petitions for a referendum on the
                Council’s governance arrangements.

        5.5     Then Section 33F says that the Council must resolve to implement the proposals.


        5.6     The suggested timetable is therefore as follows:
                       - Report to Council on 9 November 2009 to formally agree the timetable and
                       method of consultation.
                       - Consultation period 20 November 2009 to 20 February 2010
                       - Report back to Policy Review and Governance Committee on 18 March
                       2010/ Standards 23 March 2010/ Cabinet 21 April 2010/Council 26 April 2010
                       to consider response to consultation and to agree proposals
                       - Publish proposals
                       - Special Council in May 2010 (or later if a referendum is to be held) to resolve
                       to implement agreed proposals
                       - Proposals into effect May 2011

6       What happens if we fail to do this?

        Section 72 provides that if an authority fails to implement these provisions, the Secretary of
        State can intervene in the period before May 2011 and by order prescribe the application of the
        Leader and Cabinet Executive (England) model as from May 2011.




Review Date:
21 April 2010 to consider response to consultation




                                                     5
APPENDIX A




                          BOSTON BOROUGH COUNCIL

                              Governance consultation

                                A Leader or a Mayor


How does it work now?

Before December 2010 Boston Borough Council, with your help, has to choose
whether to adopt a variation of the existing Council Leader and Cabinet Executive or
to have an elected Mayor and Cabinet Executive.

Below is a quick overview of how we do things now:-

      Boston Borough Council has a Leader and Mayor who are both elected
       councillors
      There are 18 wards and some of these have more than one councillor to
       represent them. There are 32 councillors.
      The Council appoints a Leader and Cabinet members. Currently there are
       eight Cabinet members as well as the Leader with the following portfolios:-
          o Leader, Community Leadership and Transport Strategy
          o Deputy Leader, HR and Improvement
          o Financial Management and Corporate Governance
          o Regulatory Services and Environmental Operations
          o Regeneration, Planning, Sport and Cultural Services
          o Community Safety and Emergency Planning
          o Housing, Health and Learning
          o Parks, Amenities and Rural Communities
          o Community Cohesion and Community Development

      The Leader and Cabinet make recommendations to the Council on budgets
       and major policies.
      There are separate committees for planning and licensing matters
      There are three overview and scrutiny committees which examine the Council
       policy and executive decisions and make recommendations and reports.
      The Standards Committee advises the Council on standards of conduct and
       deals with allegations made against councillors that they have failed to comply
       with these standards.
      The Mayor chairs Boston Borough Council’s meetings and carries out
       ceremonial roles for the borough.


                                          6
Do you want a Leader or an Elected Mayor?

Under the Local Government and Public Involvement in Health Act 2007 Boston
Borough Council must review the way that it is governed by December 2010, which
is before the next local election.

As a resident of Boston borough you are invited to have your say in the way that we
run the Council. The consultation on governance allows you to comment on whether
the Council should be led in a similar way as it is now with a Leader and a Cabinet
executive, although with a slightly different approach, which we are calling Option A,
or an elected Mayor and a Cabinet which we are calling Option B.

Set out below are details about what’s involved with each option to help you decide
and respond to this consultation.

So that your comments can be included in this consultation, please complete the
“Your Comments Count” section before 20 February 2010.


Which option do you think Boston should chose?


Option A: The “new-style” Leader and Cabinet Executive

   o This option is closest to the way that we do things now. However, the “new-
     style” Leader would be strengthened.
   o The Leader would be elected by the Council and would be one of the 32
     elected councillors.
   o The Leader would have a fixed term of four years, but could be removed by
     the Council earlier.
   o The Leader would appoint a Cabinet of at least two and up to nine
     Councillors, one of whom would be appointed as the Deputy Leader
   o The Leader could either decide to carry out the Council’s executive functions
     or delegate executive functions to the Cabinet, a committee of the Cabinet,
     individual members of the Cabinet, or Council officers.
   o The Cabinet would recommend the budget and major policies to the Council,
     but the full Council could change this by a simple majority.


Option B: The Elected Mayor and Cabinet Executive

   o The Mayor would be elected by local electors in a separate election and
     would be in addition to the 32 elected councillors.
   o The Mayor would hold office for four years and could not be removed by the
     Council
   o The Mayor would appoint a Cabinet of at least two and up to nine councillors,
     one of whom would be appointed as Deputy Mayor.
   o The Mayor could either decide to carry out the Council’s executive functions
     or delegate executive functions to the Cabinet, a committee of the Cabinet,
     individual members of the cabinet, or Council officers.


                                          7
   o The Cabinet would recommend the budget and major policies to the Council,
     but the full Council could only change this by a two-thirds majority
   o There would be additional costs to the Council


What are the advantages or disadvantages of both models?


                 Model                Advantages                       Disadvantages
            Mayor and       -Every elector can vote for the    - Executive decision making is
            Cabinet         Mayor of the borough rather        less collective and more
                            than being a decision of           dependant on the personality of
                            councillors.                       the Mayor.

            Leader and      - Boston is already operating in   -The Leader is appointed by the
            Cabinet         the old style model.               Council rather than being the
                            - Key decisions will probably to   public choice.
                            be taken in a more collective
                            style of decision making.



FAQs

Haven’t we been asked about this before?
Yes. The Local Government Act 2000 required most Councils to chose between
three possible executive models: a Leader and cabinet, elected Mayor and Cabinet
and elected Mayor and Council Manager. After due consideration Boston Borough
Council in common with around 300 local authorities around the country chose a
Leader and Cabinet executive model. Eleven authorities have chosen to have
elected Mayors and Cabinet executives: Bedford, Doncaster, Hackney, Lewisham,
Mansfield, Middlesborough, Newham, North Tyneside, Torbay and Watford. One
Council (Stoke on Trent) chose to have an elected Mayor, but subsequently decided
to revert back to a Leader and Cabinet executive.

Why are we consulting you now?

The Local Government and Public Involvement in Health Act 2007 abolished two of
the executive models, the elected Mayor and Council Manager and the old style
Leader and Cabinet Executive model. Local authorities are therefore obliged to
chose between the “new-style” Leader and Cabinet Executive (Option A) and an
elected Mayor and Cabinet Executive (Option B), and consulting with residents is an
important part of the process. Once the Council has consulted with residents, the
Council must draw up its draft proposals on the Option the Council intends to adopt.
In drawing up its proposals the Council must consider the extent to which they would
be likely to assist in securing continuous improvement in the way that the Council’s
functions are exercised, having regard to a combination of economy, efficiency and
effectiveness.



                                            8
Finally, Boston Borough Council must pass a formal resolution on the future of the
Council’s governance before 31 December 2010, with the new arrangements
becoming effective no later than three days after the next local government elections
in May 2011. In order for all residents and partner organisations’ comments to be
given due consideration, this process is being allocated a consultation period from
20 November 2009 to 20 February 2010.

What happens next?

In addition to consulting local residents the Council will also consult with our partner
organisations, in order to ensure that we are aware of their views. All views
expressed in the consultation will be taken fully into account before proposals are
drawn up.

As well as indicating your preferred option, you are invited to make further
comments, which the Council will consider in drawing up its proposals. Your views
are important in the decision making process and will be taken into consideration
along with the extent to which the proposals would be likely to assist in securing
continuous improvement in the way in which the Council’s functions are exercised,
having regard to a combination of economy, efficiency and effectiveness.

The draft proposals will be considered by the Council’s Policy and Review
Committee before final approval by the Council on 26 April 2010. If the Council
approves the draft proposals the Council will publish its proposals in the press so
that local residents and other interested parties are made aware of the outcome of
the public consultation process. The Council will then pass a resolution to make the
changes in governance arrangements and amend the constitution at its meeting in
May 2010.

How will these changes affect the role of the ceremonial Mayor?
The Leader or elected Mayor would be a completely separate role to that of the
Mayor. Under both Option A, “new-style” Leader and Cabinet Executive and Option
B , elected Mayor and Cabinet Executive, the Mayor will continue to chair meetings
of the Council and carry out the traditional ceremonial roles for the borough.

Your comments count
The information given here will be treated confidentially and in accordance with the
Data Protection Act 1998. it will be used for analysis purposes only. Please complete
the form below and tell us which option you think Boston should chose. Replies can
only be considered if the details below are completed.




The deadline for responses is 20 February 2010.



                                            9
   1. Your first name



   2. Your surname



   3. Your address




   4. Your postcode



   5. EITHER
   Are you in favour of the proposal for Boston Borough Council to be run in a new
   way which includes a councillor, who will be elected by the councillors of Boston
   Borough Council to lead the Council and community which it serves (Option A-
   the new style Leader and Cabinet executive) ?

                                                                    Please tick   
      OR
   Are you in favour of the proposal for Boston Borough Council to be run in a new
   way which includes a mayor, who will be elected by the voters of that borough to
   lead the Council and community which it serves (Option B- the Mayor and
   Cabinet executive)?

                                                                    Please tick 

   6. Your comments:-




All responses should be sent by prepaid post or email to:-

Ms Hiedi Wilkinson



                                         10
Consultation Officer
Boston Borough Council
Municipal Buildings
West Street
Boston
Lincs PE21 8QR

Email:- hiedi.wilkinson@boston.gov.uk
Tel:- 01205 314263




Corporate Monitoring Form
We would be grateful if you could find the time to complete this Equal Opportunities
Monitoring Form. We would appreciate all questions being answered however
completing the form is voluntary and you may pass over any question you do not
wish to complete. Boston Borough Council is committed to promoting equality of
opportunity for everyone. The information you give will be used to improve the way
in which we deliver our services. This information is collected for monitoring
purposes only and will have no bearing on how your application / comment /
complaint is dealt with. The monitoring information will be kept separately from any
identifying personal information. The monitoring information you supply is part of our
statutory duty under the Race Relations (Amendment) Act 2000 and Disability
Discrimination Act 2005.
Q Are you happy to answer the following questions about yourself?
1
    Go Yes                                       Go to No
   to                                          End
    Q2
Q What service, that you are using or requesting, are you contacting us about
2 today?
  _________________________________________________________________
  _____________
Q Is this the first time you have contacted the Council about this particular
3 issue?
    Yes                                          No
                                               
Q Your age
4
    Under 25                                     35 to 44                      55 to
                                                                              64
    25 to 34                                     45 to 54                      65 or
                                                                              older




                                          11
Q Your disability
5 The Disability Discrimination Act 1995 (DDA) protects disabled people. The DDA
  defines a person as disabled if they have a physical or mental impairment, which
  has a substantial and long-term (i.e. has lasted or is expected to last at least 12
  months) adverse effect on the person's ability to carry out normal day to day
  activities.
  Do you consider yourself to have a disability according to the terms given in
  the DDA?
     Yes                                               No
   
  If you have answered yes, please indicate below the type of impairment
  which applies to you (by ticking next to it below). People may experience
  more than one type of impairment, in which case tick all the types that apply.
  If your disability does not fit any of these types, please mark Other.
     Physical impairment, such as difficulty using your arms or mobility issues
       which means using a wheelchair or crutches
     Sensory impairment, such as being blind/having a serious visual impairment or
       being deaf/having a serious hearing impairment
     Mental health condition, such as depression or schizophrenia
     Learning disability, (such as Down's syndrome or dyslexia) or cognitive
       impairment (such as autism or head injury)
     Long-standing illness or health condition such as cancer, HIV, diabetes,
       chronic heart disease, or epilepsy.
     Other, such as disfigurement (specify below if you wish)
     ________________________________________________________________
     __________
Q Your ethnic group
6 (These are based on the Census 2001 categories, and are listed alphabetically)

  Asian, Asian British, Asian English, Asian Scottish, or Asian Welsh
    Bangladeshi                                    Pakistani
    Indian                                         Any other Asian background
                                                     (specify below if you wish)
    ________________________________________________________________
    __________
  Black, Black British, Black English, Black Scottish, or Black Welsh
    African                                        Any other Black background
    Caribbean                                       (specify below if you wish)
    ________________________________________________________________
    __________
  Chinese, Chinese British, Chinese English, Chinese Scottish, or Chinese
  Welsh, or other ethnic group.
    Chinese                                        Any other ethnic
                                                     background (specify below
                                                     if you wish)
    ________________________________________________________________
    __________
  Mixed
    White and Black African                        Any other mixed




                                         12
    White and Black Caribbean                               background (specify below
                                                             if you wish)
     ________________________________________________________________
     __________
  White
     British                                              Roma
     English                                              Scottish
     Gypsy                                                Welsh
     Irish                                                Any other White
     Irish Traveller                                        background (specify below
                                                             if you wish)
     ________________________________________________________________
     __________
Q Your Gender
7
     Female                                         Male                            Prefer
                                                                                   not to
                                                                                     say
  Do you identify as transgender?
  For the purpose of this question "transgender" is defined as an individual who
  lives, or wants to live, full time in the gender opposite to that they were assigned at
  birth.
     Go No                                                 Ye                         Pref
    to                                                   s                           er
     Q8                                                                                not
                                                                                       to
                                                                                       say
  If you answered yes, please indicate which gender you live, or want to live in
  full-time:
     Female                                         Male                            Prefer
                                                                                   not to
                                                                                     say
Q Your religion or belief?
8
     No religion                                    Hind     Sikh
                                                    u      
     Baha'i                                         Jain     Any other religion or
                                                            belief(specify below if you
     Buddhist                                       Jewi     wish)
                                                    sh
     Christian                                      Musli
                                                    m
     ________________________________________________________________
     __________
Q Your sexual orientation
9
     Bisexual                                             Heterosexual/straight
     Gay man                                              Other (please specify below
     Gay woman/lesbian                                      if you wish)




                                            13
________________________________________________________________
__________




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