Minutes:
The Chair confirmed that there were three urgent items for this meeting to consider.
The first related to the non-attendance by a Councillor for six months. The Chair invited the Group Head of Law & Governance and Monitoring Officer to present his report which had been circulated to Councillors on 14 September 2022 and uploaded to the Full Council web pages that day.
The Group Head of Law & Governance and Monitoring Officer explained the urgent nature of this item, which was that on 3 September 2022 the six month period in respect of a Councillor performing their statutory duty to attend meetings had expired and that this was in respect of former Councillor Faye Catterson. It was important for the council to receive a report on this matter urgently as it was the council’s statutory duty to now declare this seat vacant forthwith and in line with Section 86 of The Local Government Act 1972, any delay in declaring this seat as vacant would not fulfil that duty and would prevent the electorate from deciding if they wished to call a by-election for the Arundel and Walberton ward. It was confirmed that the council had not yet entered the six-month period deadline before its own elections on 4 May 2023 which would prevent a by-election being called.
Councillor Thurston then proposed the recommendation outlined in the report which was seconded by Councillor Gregory.
The Chair then invited debate. A question was asked surrounding the recent Barnham By-Election held on 8 September 2022 and whether it could be confirmed how much this had cost the council. The Group Head of Law & Governance and Monitoring Officer confirmed that he did not have this figure with him and could not respond at this precise time.
Councillor Thurston as Leader of the Green Group wished to have placed on record confirmation that former Councillor Catterson’s absence and been down to ill health and no other reason. Although she had not been able to physically attend meetings, she had continued to perform her duties as best she could from home. Councillor Thurston thanked Councillor Catterson for her work and support as a Councillor.
The Council
RESOLVED
That the Arundel and Walberton ward seat formerly occupied by Councillor Faye Catterson is declared vacant.
The Chair then turned to the second urgent item relating to Clapham Parish Council and temporary appointments and invited the Group Head of Law & Governance and Monitoring Officer to present his report. This report had been circulated to Members on 28 September 2022 and uploaded to the Council’s web pages that same day.
It was confirmed that the Clerk to Clapham Parish Council had been in contact with the council as its current situation meant that it no longer had a full membership of five Councillors. Following a number of Parish resignations, the Council now found itself in the position that it was no longer quorate and therefore could not proceed with co-option nor could it carry out any other business. Under Section 91 of the Local Government Act 1972, a temporary solution could be used whereby Arun District Council could exercise its statutory power to make quorate the Parish Council through the temporary appointment of sufficient District Councillors to enable the Parish Council to meet and return to full functionality. The Group Head of Law & Governance and Monitoring Officer confirmed that he had liaised with District Councillors for the Angmering & Findon Ward [covering the area of Clapham Parish Council] and that Councillors Bicknell and Andy Cooper had confirmed their willingness to be temporarily appointed to the Parish Council for a period of six months to make it quorate.
For administrative reasons a further conversation had taken place with the Clerk of the Council resulting in the need to only temporarily appoint one District Councillor to the Parish Council and this had been confirmed to be Councillor Paul Bicknell, following consultation with all parties. A slight amendment to reflect this update was therefore required to Recommendations (i) and (ii) of the report, confirming the appointment of one instead of two District Councillors with this being Councillor Paul Bicknell.
The recommendations, to include the proposed amendments from the Group Head of Law and Governance and Monitoring Officer, as explained, were then proposed by Councillor Cooper and seconded by Councillor Bower.
Following some debate, the Council
RESOLVED – That
(1) One District Councillor be temporarily appointed to Clapham Parish Council, to make it quorate and therefore fully functional, for six months; and
(2) This District Councillor be Councillor Paul Bicknell.
The Chair then turned to the final urgent matter providing a review of entitlement of Political Groups to seats on Committees [Proportionality] following the Barnham By-Election held on 8 September 2022.
The Group Head of Law & Governance and Monitoring Officer presented this report explaining that there was an urgent need for the council to agree revised Committee allocations reflecting the updated political proportionality of the council following the Barnham District By-Election held on 8 September 2022. The council had a statutory requirement to review proportionality and allocations to committee seats following any change to the political balance of the council. Liaison had been undertaken with all political Group Leaders on the revised allocations as set out within the report and as detailed within the appendix attached to the report.
The recommendations were then proposed by Councillor Gunner and seconded by Councillor Thurston.
The Chair then invited debate. A query was raised by Councillor Walsh in terms of the percentage number of seats allocated to the Liberal Democrat Group. This was stated to be 34.96% but had been rounded down to 34 and not up to 35 in one of the tables in the report. In finding a solution to this query, Councillor Walsh suggested that the vacant seat on the Audit & Governance Committee be allocated to his Group to iron out this anomaly if others felt this to be a reasonable solution.
The Group Head of Law & Governance and Monitoring Officer agreed that this could be accepted as an amendment without affecting proportionality. This proposal was then formally proposed by Councillor Walsh and seconded by Councillor Stanley.
In inviting debate on the amendment, Councillor Gunner as proposer of the recommendations in the report confirmed that he would be happy to accommodate the proposal and amend recommendation (3) to reflect the request. Councillor Thurston, as seconder of the recommendations, also confirmed her agreement.
On putting this amendment to the vote, it was declared CARRIED.
The Chair then returned to the substantive recommendations and the Council
RESOLVED – That
(1) The outcome of the review of entitlement of political groups and non-aligned councillors to seats on committees, based upon proportionality rules, as set out in Appendix 1 to the report be approved;
(2) Approval be given to the allocation of seats to political groups; and
(3) The appointments to Committees for the remainder of the municipal year, as confirmed in Paragraph 4.11 of the report be approved, subject to the addition that Councillor Stanley would fill the vacant seat now gifted to the Liberal Democrat Group on the Audit & Governance Committee.