To receive questions from members of the public who wish to ask a general question.
Minutes:
A member of the public referred to an virtual urgent decision taken by Commissioner Myers in May, 2016 and queried why these reports could not have been included on an agenda as part of the decision making process for the Cabinet and Commissioners.
It had also not been established whether or not Commissioner Myers had contacted the Overview and Scrutiny Management Board Chairman in relation to the taking of an urgent decision as per the constitutional framework.
Further information was also sought on the authorisation of time, days and spend if Commissioner Myers was taking virtual decisions when not in Rotherham.
In response, Commissioner Myers indicated the Commissioners worked a ten hour day, filled in timesheets, which he subsequently authorised for the other Commissioners and his own authorised by Commissioner Ney.
He reiterated the Commissioners were not subject to the provisions of the Council’s Constitution, whereas the Cabinet, when exercising its executive decision making powers, would be required to operate within the constitutional framework.
The member of the public asked further if he could be provided with written details in relation to the advice/agreement by the Monitoring Officer and the Civil Service in relation to decision making by Commissioners and whether this was included on the Council’s website.
In a further point the member of the public referred to Commissioner Myers’ comments regarding the anticipated period of time of intervention, his own personal viewpoint on progress and how it was time for the Commissioners to leave. He claimed the few “bad apples” had disappeared before the Commissioners arrived and the Leader and responsible Councillors could have turned the Council around again without spending over £750k. This money could have been better spent on making a difference. Attempts to achieve a more independent demographic Council had fallen short with a reduction in numbers following the election to one Independent.
In response, Commissioners Myers reiterated his previous responses to the question which had been aired previously. He further explained that when the Commissioners arrived in Rotherham it was necessary to establish protocols to discharge their responsibilities and those protocols had been approved by the former Monitoring Officer, who had accepted and understood that Commissioners operated outside of the Council’s Constitution. Copies of the protocols had been displayed on the Council’s website. However, there was no written documentation relating to the verbal advice provided by the Monitoring Officer on the discharge of the duties of the Commissioners.
In a supplementary question the member of the public expressed his grave misgivings that no record of discussions or advice was minuted.
In response Commissioner Myers confirmed that the Secretary of State had appointed Commissioners for a period of up to four years and that considerable progress had already been made resulting in a third of decision making powers being returned to the Council in February, 2016.
Reports on progress were submitted every three months reports and, subject to a preliminary decision by the Secretary of State, the Licensing function would be returned to the Council. A further report had also been submitted last Friday recommending the return of additional functionality, but this detail could not yet be made public until a reply had been received from the Secretary of State.
A Commissioner presence in some form would remain in the Council until March, 2019 and the associated costs as functionality was returned would, therefore, reduce.
In a further supplementary the member of the public pointed out the Commissioners were not elected and, therefore, should continue to hold meetings to give members of the public the opportunity to ask questions. A practice which had since ceased. He further pointed out that whilst consideration was being given to the return of the Licensing function, the changes to this service could have been achieved by the current Chairperson without Commissioner intervention. In addition, he queried why the Regeneration and Environment function was subject to intervention when no concerns had been highlighted, which further contributed to the burden of Commissioner costs of £700 per day.
Commissioner Myers referred to the engagement with the Local Government Association and the promotion of opportunities for Councillors and those person who wished to become involved in Local Government, of which only the electorate could decide on.
Commissioner Myers further elaborated on the reasons for Government intervention, how Commissioners were recruited and how all costs associated with the Commissioners was clearly displayed on the Council’s website each month. These costs would continue into 2017.