In accordance with Council Procedure Rule 9, to allow Members to ask questions about Council activities. A question may only be asked if notice of seven clear working days has been given.
Question from Councillor James Watson to the Leader of the Council
What executive powers including policy, operational and other matters does the Leader of the Council have over Bolsover District Council, and in particular whether the Leader of the Council can and does instruct and direct officers on operational matters and can and does direct the use of non-staff resource?
Minutes:
In accordance with Council Procedure Rule 9, Members of Council were able to ask questions about the Council’s activities to either the Chair of the Council, Chairman of a specific Committee or a relevant Portfolio Holder.
One question had been submitted by Members of Council under Council Procedure Rule 9.
a) Question from Councillor James Watson to the Leader of the Council
What executive powers including policy, operational and other matters does the Leader of the Council have over Bolsover District Council, and in particular whether the Leader of the Council can and does instruct and direct officers on operational matters and can and does direct the use of non-staff resource?
The Leader of the Council explained that in response to this question, he had referred to the Constitution and would summarise his own Executive powers as included within.
The Leader of the Council informed Members that the Constitution:
1) Includes powers for the Leader that related to process and governance rather than operational matters.
2) States that the Executive is responsible in guiding the Council in the formulation of its aims and objectives within the budget and policy framework, which is approved by Council.
3) States that each Member of the Executive will be involved in the activities of all Council departments, focusing on those issues relating to the cross-cutting nature of the responsibilities those Members undertake.
4) States that the Leader’s purpose is to provide effective political leadership and strategic direction for the Council, to ensure effective corporate governance, to provide effective stewardship of the Council, to Chair the Executive and ensure it runs according to its agreed terms of reference, and to ensure the Council delivers high quality and value for money services.
5) States that the Leader’s Portfolio means that the Leader has no individual delegated powers, has no individual decision making powers, and their role is strategic rather than operational.
The Leader added to point 4) by stating his belief that that hard work of all Council officers during the Coronavirus pandemic had allowed him to fulfil his responsibility to ensure the Council delivers ‘high quality and value for money services’, and he wished to place on record his gratitude to every officer for this.
SUPPLEMENTARY QUESTION
Councillor James Watson referred to an organisational structure he understood had been circulated to staff by the Communications Officer showing the Leader in direct control of officers. He also referred to correspondence he had undertaken with the Head of Paid Service, where the Head of Paid Service had suggested that the Leader was consulted when Delegated Decisions were taken. Councillor James Watson believed that this suggested that the Leader did have operational control, and asked if this was correct or not.
The Chair invited the Monitoring Officer to provide operational and Constitutional guidance on this question.
The Monitoring Officer explained that in terms of the organisational structure referred to by Councillor James Watson, there has always been an Officer/Member interface in place and this is what the chart was showing. She added that in terms of Councillor James Watson’s correspondence with the Head of Paid Service, she explained that it would be remiss of any Council officer to do anything deliberately or directly against the wishes of the Leadership – not in terms of operational decisions, but not going against strategy and policy that has already been decided.
The Leader of the Council thanked the Monitoring Officer for clarifying these points and was happy to use this as his response to Councillor James Watson. He added that times like the Coronavirus pandemic required leadership, and Members and officers had worked very hard out in communities to provide guidance and reassurance. He had (along with Councillor Duncan McGregor) sent a thank you card to every member of staff because of this, and he wished to place on record his thanks to all of them for their work in the midst of the pandemic.