Agenda and draft minutes

To elect the Chair of the Council for the 2025/26 Municipal Year.

Once elected the Chair will make the Declaration of Acceptance of Office.

The Chief Executive sought nominations for the position of Chair of the Council for the 2025/26 Municipal Year.

Moved by Councillor Tom Munro and seconded by Councillor Rob Hiney-Saunders

RESOLVED that Councillor Duncan Haywood be appointed as Chair of the

          Council for the 2025/26 Municipal Year.

Having signed the Declaration of Acceptance of Office and taken on the Chains of Office, Councillor Duncan Haywood took the Chair.

Councillor Duncan Haywood thanked Members for nominating him and he undertook to be fair and even handed in the role.

To appoint the Vice Chair of the Council for the 2025/26 Municipal Year.

Once appointed the Vice Chair will make the Declaration of Acceptance of Office.

Moved by Councillor John Ritchie and seconded by Councillor Mary Dooley

RESOLVED that Councillor Duncan McGregor be appointed Vice-Chair of the

          Council for the 2025/26 Municipal Year.

Having submitted his apologies, Councillor Duncan McGregor would sign the Declaration of Acceptance of Office with the Monitoring Officer in due course.

Apologies for absence were received from Councillors Duncan McGregor, Lisa Powell, Sally Renshaw, Phil Smith and Carol Wood.

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

a)  any business on the agenda

b)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

There were no declarations made at the meeting.

To receive any announcements that the Chair of the Council may desire to lay before the meeting.

The Chair announced that his Civic Service would take place on Sunday 27^th July 2025 at 3.00 pm at Barlborough Church and invited all members to attend.

To approve the Minutes of the Council meeting held on 5 March 2025 and the Extraordinary Council meeting held on 19 March 2025.

Moved by Councillor Steve Fritchley and seconded by Councillor Mary Dooley

RESOLVED (1) that subject to adding the apologies for absence from Councillor Deborah Watson the minutes of a meeting of Council held on 5^th March 2025 be approved as a true record; and

(2) that the minutes of the Extraordinary Council held on 19^th March 2025 be approved as a true and correct record.

The Leader will confirm the appointment of Deputy Leader of the Council and the Members of the Executive for the 2025/26 Municipal Year.

Councillor Jane Yates, Leader of the Council, stated that there would be no changes to the responsibilities within the portfolios and that no Junior Executive Members would be appointed for Housing or Devolution.  The Portfolio Holders for Housing and Devolution would provide cover for each other in the event of one being absent.  The Leader confirmed that the Members of the Executive would be:

To establish the Council’s Committees and Advisory Groups for the 2025/26 Municipal Year.

Council considered a report in relation to the establishment of the Council’s committees and proportionality for the 2025/26 Municipal Year.

In line with the provisions within legislation and the Council’s Constitution, the Annual Meeting of Council was required to:

·         Appoint at least one Scrutiny Committee and other such committees as the Council considered appropriate to deal with matters which were neither reserved to Council nor were Executive Functions;

·         Decide the size and terms of reference for those committees;

·         Decide the allocation of seats to political groups in accordance with the Political Balance rules.

The size of committee was set out in Appendix 1 to the report with the proposal to disestablish the Employment and Personnel Committee as recommended by the Standards Committee held on 12^th May 2025.

The Monitoring Officer informed Council that he had been informed within the last 24 hours of recent changes to the Council’s political structure which necessitated further changes to the political balance calculations and review of the number of seats allocated to each group.  Therefore, he sought Council approval for delegated authority to agree in consultation with group leaders revised political balance and membership to committees and confirm these as soon as practicable.

Moved by Councillor Steve Fritchley and seconded by Councillor Tom Munro

RESOLVED that (1) the Employment and Personnel Committee be disestablished;

(2) the Council’s committees, their terms of reference and size, as set out in Appendix 1 adjusted with the removal of the Employment and Personnel Committee, be established for the 2025/26 Municipal Year in accordance with Council Procedure Rule 1.1(k);

          (3) that delegated authority be given to the Monitoring Officer in consultation with Group Leaders to review and agree the political balance of the Council and allocation of seats on committees in accordance with the political balance rules;

          (4) authority be delegated to the Monitoring Officer, in consultation with the Leader of the Council and the relevant Committee Chair (when appointed), to make amendments to the terms of reference for committees arising within the 2025/26 Municipal Year.

To consider appointments to established committees and advisory groups for the 2025/26 Municipal Year.

Council considered a report in relation to nominations for Members to serve on committees and advisory groups for the 2025/26 Municipal Year.

The committees were subject to the political balance requirements of the Local Government and Housing Act 1989.  The Advisory Groups were not subject to the same political balance requirements.

The Monitoring Officer informed Council that he had been informed within the last 24 hours of recent changes to the Council’s political structure which necessitated further changes to the political balance calculations and review of the number of seats allocated to each group.  Therefore, he sought Council approval for delegated authority to agree in consultation with group leaders revised appointments to committees for the Labour Group and Independent Group and confirm these as soon as practicable.

Moved by Councillor Tom Munro and seconded by Councillor John Ritchie RESOLVED that delegated authority be given to the Monitoring Officer in

          consultation with Group Leaders to finalise the appointments to

          committees and advisory groups as soon as practicable.

To consider nominations for Chairs and Vice Chairs of Committees for the 2025/26 Municipal Year.

Members gave consideration to the submitted nominations for Chairs and Vice-Chairs and the Chair sought further nominations from the floor.

The following positions were contested and put to the vote as follows:

·       A vote was held on the appointment of Chair of the Customer Services Scrutiny Committee, nominations had been received for both Councillor Vicky Wapplington and Councillor Deborah Watson.  Councillor Vicky Wapplington was appointed as Chair to the Customer Services Scrutiny Committee.

·       A vote was held on the appointment of Vice-Chair of the Customer Services Scrutiny Committee, nominations were received for both Councillor Amanda Davis and Councillor Rita Turner.  Councillor Amanda Davis was appointed as Vice-Chair of the Customer Services Scrutiny Committee.

·       A vote was held on the appointment of Chair of the Local Growth Scrutiny Committee, nominations were received for both Councillor Sally Renshaw and Councillor Will Fletcher.  Councillor Sally Renshaw was appointed as Chair to the Local Growth Scrutiny Committee.

·       A vote was held on the appointment of Vice-Chair of the Finance & Corporate Overview Scrutiny Committee nominations were received for both Councillor Duncan McGregor and Councillor Justin Gilbody.   Councillor Duncan McGregor was appointed as Vice-Chair of the Finance & Corporate Overview Scrutiny Committee.

·       Councillor Watson suggested that a secret ballot to appoint the Chair to the Licensing Committee should be held and following receipt of nominations a public vote was held. A vote was held on the appointment of Chair of the Licensing Committee nominations were received for both Councillor Duncan McGregor and Councillor Emma Stevenson. Councillor Duncan McGregor was appointed as Chair of the Licensing Committee.

·       A vote was held on the appointment of Vice-Chair of the Licensing Committee, nominations were received for both Councillor Amanda Davis and Councillor Emma Stevenson.  Councillor Amanda Davis was appointed as Vice-Chair of the Licensing Committee.

·       A vote was held on the appointment of Vice-Chair of the Member Development Working Group, nominations were received for both Councillor Mary Dooley and Councillor Justin Gilbody.  Councillor Mary Dooley was appointed as Vice-Chair of the Member Development Working Group.

·       A vote was held on the appointment of Vice-Chair of the Standards Committee, nominations were received for both Councillor Vicky Wapplington and Councillor Justin Gilbody.  Councillor Vicky Wapplington was appointed as Vice-Chair of the Standards Committee.

Councillor Watson commented that the Planning Advisory Service guidance stated that Executive Members should not sit on the Planning Committee and guidance for Scrutiny Committees suggested that Scrutiny Committees should include opposition members as Chairs and Vice-Chairs.  It was confirmed that this was just guidance and it was up to Council to decide its appointments.

Councillor Sandra Peake also queried whether the appointments of Chairs and Vice-Chairs should be decided as the memberships to committees had not been finalised.  It was confirmed that it was important to confirm these appointments and it was likely that those submitting nominations already knew who may be sitting on those committees.

There had been only one nomination submitted for the other positions being considered.  Any bodies not referred to would appoint the Chair  ...  view the full minutes text for item CL10-25/26

To consider appointments to Outside Bodies (Council Functions) for the 2025/26 Municipal Year.

Council considered a report in relation to the list of Outside Bodies (Council functions) appointments for 2025/26 as presented by the Monitoring Officer.

Nominations were received as detailed in Appendix 1 of the report.  The term of office for each appointment would run until the date of the next Annual Council meeting in 2026, unless otherwise specified.

Moved by Councillor Mary Dooley and seconded by Councillor Steve Fritchley

RESOLVED that the following appointments to Outside Bodies be agreed with

          the term ending at Annual Council 2026.

Arthur Townrow Pensions Fund (term expiring on 1^st January 2027)

Councillor Clive Moesby

Councillor Mary Dooley

National Association of Councillors

Councillor Mary Dooley

Substitute – Councillor John Ritchie

Regional Association of Councillors (English)

Councillor Ashley Taylor

Substitute – Councillor Jane Yates

Derbyshire Police and Crime Panel

Councillor Clive Moesby (Portfolio Holder with responsibility for Community Safety)

Substitute – Councillor Phil Smith

Doe Lea Management Committee

Councillor Catherine Jeffery

East Midlands Combined County Authority (non-constituent members)

Leader – Councillor Jane Yates

Substitute - Deputy Leader – Councillor Donna Hales

Substitute – Councillor John Ritchie

Isabella Smithson’s Charity (administered by The John Pearce Trust)

Councillor Anne Clarke

Councillor Rowan Clarke

Councillor Catherine Jeffery

Joint Board (BDC/NEDDC/CBC)

Leader – Councillor Jane Yates

Deputy Leader – Councillor Donna Hales

Scrutiny Observers – to be advised

Local Government Association National

Leader – Councillor Jane Yates

Substitute - Deputy Leader – Councillor Donna Hales

South Yorkshire Mayoral Combined Authority Board (non-constituent members)

Leader – Councillor Jane Yates

Substitute – Deputy Leader – Councillor Donna Hales

To consider the Standards Committee Annual Report 2024/25.

Council considered the Annual Report of the Standards Committee 2024/25 presented by Mrs Ruth Jaffray, Chair of Standards Committee.

The report highlighted the work undertaken by the Standards Committee during 2024/25 and included updating the Councillor Complaint Procedure, reviewing the Council’s Constitution, policy review work, review of gifts and hospitality and attendance at Member training.

Councillor Duncan Haywood thanked Mrs Ruth Jaffray for presenting the report and for all the work undertaken in her role as Chair of the Standards Committee.

Moved by Councillor Mary Dooley and seconded by Councillor Cathy Jeffery RESOLVED that the Standards Committee Annual Report 2024/25 be

          noted.

To approve the Scheme of Delegation (Part 3 of the Council’s Constitution).

Council considered a report presented by the Director of Governance and Legal Services which proposed an amendment and sought approval of the Scheme of Delegation as outlined in Part 3 of the Council’s Constitution.

It was a requirement under Council Procedure Rule 1.1 (o) of the Council’s Constitution that the Annual Council Meeting agree the Scheme of Delegation.

The Scheme of Delegation outlined specific delegations of Council and Executive Functions to officers.  The scheme also included general powers delegated to all senior managers together with specific powers delegated to the:

·         Chief Executive Officer

·         Director Finance and Section 151 Officer

·         Director Governance and Legal Services & Monitoring Officer

The scheme also outlined the Proper Officer Provisions.

There was one proposed change which had been considered by Standards Committee on 12^th May 2025.  The proposed change was to enable the Monitoring Officer to make changes to the Constitution to reflect “administrative changes” to section 4.10.12 (20).  The proposed delegation to read:

(20)to make changes to the Constitution arising from any new legislation, administrative errors or administrative changes or conflicts in interpretation.

The Scheme of Delegation for Officers was attached to the report at Appendix 1.

Moved by Councillor Tom Munro and seconded by Councillor John Ritchie

RESOLVED that the Scheme of Delegation for Officers, as set out in Appendix 1 to the report, be approved.

To set the thresholds for Key Decisions for the 2025/26 Municipal Year and to consider the use of Urgency Rules for the previous Municipal Year.

Council considered a report presented by the Monitoring Officer which advised Members of any Key Decisions taken under statutory Urgency Rules in the previous 12 months, any decision taken under Urgency Rules with the Council’s Scrutiny Rules (this was where call-in provisions were waived as the decision was urgent and could not be reasonably deferred), and to set the Key Decision threshold for the forthcoming year in line with the constitutional requirement at Annual Council meetings.

The report stated that all Key Decisions were subject to the Council’s call-in provisions which were set out in the Scrutiny Rules. Call-in provisions may be waived only where a decision was urgent.  A decision was urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interests.  The Chair of the relevant Scrutiny Committee (or, in their absence the Chair of Council or Vice Chair of Council) must agree both that the decision proposed was reasonable in all the circumstances and to it being treated as a matter of urgency.  Decisions taken as a matter of urgency were required to be reported to Council. In the past 12 months, four decisions had been taken using urgency provisions to waive call-in.  These decisions had been:

·             GovService G Cloud 13 Contract, (Decision by Chief Executive on 25^th October 2024);

·             Appointment of Contractor to complete flood mitigation works at Pleasley Vale Business Park, (Decision by the Executive 2^nd December 2024);

·             UK Shared Prosperity Fund 2025/26 – decision to accept the £803,023.00 funding from EMMCA, agree investment plan and make direct awards of contracts, (Decision by Chief Executive on 10 March 2025); and

·             To award an Electrical Works contract to Sureserve to undertake void repairs and annual testing to domestic properties following a procurement process undertaken through EEM, (Decision by Chief Executive on 29^th April 2025).

The report recommended that the Key Decision thresholds remained the same, which were:

·             Revenue Income, Savings or Expenditure - £75,000;

·             Capital Income of Expenditure - £150,000.

Moved by Councillor Tom Munro and seconded by Councillor John Ritchie

RESOLVED that (1) the decisions that had been taken over the past 12 months

          under Special Urgency Rules, be noted; and

          (2) the financial thresholds for Key Decisions be maintained at £75,000 (Revenue) and £150,000 (Capital).

The Chair thanked everyone for their attendance and confirmed that there would be a 10 minute comfort break before the next meeting of Council commenced.