Agenda item

As the Monitoring Officer was not present, the Mayor outlined the procedure for consideration of the item. The Mayor advised that in absence of the Monitoring Officer, he would move the report and recommendations as set out in the agenda. A supplementary report from the Head of Legal Services had been circulated to all Members of the Council that day, which comprised the Council’s response and set out a number of legal implications.

(The meeting was adjourned at 8pm to allow Members an opportunity to read the supplementary report)

(The meeting re-convened at 8.15pm)

The Mayor put the recommendations as set out in the report.

In the ensuing debate a range of issues were raised including a concern that the Monitoring Officer was not present at the meeting and the conflicting legal advice that had been presented for Members consideration by both the Head of Legal Services and Monitoring Officer’s submissions. The Mayor stated that the Monitoring Officer had been given the opportunity to both attend the meeting and submit written information to Members at any time. A number of Members argued that the report should be deferred for further clarification.  The Head of Legal Services reminded Members that the Council had a statutory duty to consider the Monitoring Officer’s report as submitted and that Members should make their decision based on the information available to them. 

Recommendation (a)

“That the Council confirm that the Assistant Director, Procurement and Commercial Services remain the designated Monitoring Officer of the Council.”

A prior request having been made for the record of the voting:

There voted against:

Councillors Ajaib, Bal, Bedi, Brooker, Cheema, Dar, Hussain, Matloob, Munawar, Nazir, Qaseem, Rana, Rasib, Sadiq, A.Sandhu, R.Sandhu, Sarfraz, Shah, Sharif, Sohal, Strutton, Swindlehurst, Usmani  and Wright ……………  24

There abstained from voting:

Councillors Anderson, Bains, Carter, Chahal, Chohan, Davis, Amarpreet Dhaliwal, M Holledge, Morris, Pantelic, Parmar, Plenty, Smith and The Mayor, Councillor Arvind Dhaliwal  ……………………………………………………….   14

Resolved –   That recommendation (a) that the Assistant Director, Procurement and Commercial Services remain the designated Monitoring Officer of the Council be rejected.

Recommendation (b)

“That the Council notes the legal advice which has been received by the Monitoring Officer from Weightmans LLP and Peter Oldham QC.”

A prior request having been made for the record of the voting:

There voted against:

Councillors Ajaib, Bal, Bedi, Brooker, Cheema, Dar, Hussain, Matloob, Munawar, Nazir, Plenty, Qaseem, Rana, Rasib, Sadiq, A.Sandhu, R.Sandhu, Sarfraz, Shah, Sharif, Sohal, Usmani and Wright …………………………….  23

There abstained from voting:

Councillors Anderson, Bains, Carter, Chahal, Chohan, Davis, Amarpreet Dhaliwal, M Holledge, Morris, Pantelic, Parmar, Smith, Strutton, Swindlehurst and The Mayor, Councillor Arvind Dhaliwal  ……………………………………  15

Resolved -  That recommendation (b) that the Council notes the legal advice which had been received by the Monitoring Officer from Weightmans LLP and Peter Oldham QC be rejected.

Recommendation (c)

No vote was taken on recommendation (c) as set out in the report as this was provided for in the recommendations contained in Agenda Item 8 – Appointment of Monitoring Officer.