Agenda and draft minutes

1.1        Cllr Wickremaratchi, the Vice-Chairman of the Council, took the chair for the election of Chairman of the County Council.

To elect a Chairman of the County Council for the ensuing year (the Chairman to make a declaration of acceptance of office).

2.1        The Vice-Chairman stated that he had one nomination for the office of Chairman of the Council, that of Cllr Pieter Montyn. Cllr Montyn was elected Chairman of the Council for the ensuing year.

2.2        Cllr Montyn made the prescribed declaration of acceptance of office and took the chair.

To elect a Vice-Chairman of the County Council for the ensuing year (the Vice-Chairman to make a declaration of acceptance of office).

3.1        The Chairman stated that he had one nomination for the office of Vice-Chairman of the Council, that of Cllr Elizabeth Sparkes. Cllr Sparkes was elected Vice-Chairman of the Council for the ensuing year.

3.2        Cllr Sparkes made the prescribed declaration of acceptance of office.

4.1        Apologies were received from Cllr Baxter, Cllr Cooper, Cllr Evans, Cllr Forbes, Cllr Greenway, Cllr Mercer, Cllr Pendleton, Cllr Sharp and Cllr Walsh.

4.2        Apologies for the morning session were received from Cllr Mitchell. Apologies for the afternoon session were received from Cllr Baldwin and Cllr Duncton. Cllr Britton, Cllr Dunn, Cllr Joy and Cllr Richardson were absent for the afternoon session. Cllr Pudaloff arrived for the afternoon session at 2.35 pm.

Members are asked to disclose any pecuniary or personal interests in matters appearing on the agenda.

5.1        Members declared interests as set out at Appendix 1.

The Council is asked to confirm the minutes of the ordinary meeting of the County Council held on 16 February 2024.

6.1        It was agreed that the minutes of the Ordinary Meeting of the County Council held on 16 February 2024 (pages 7 to 20) be approved as a correct record.

The County Council has a statutory duty to review the proportionality on its committees each year. A table, together with an explanation of the proportionality rules and how they are applied is attached.

7.1        The County Council noted its statutory duty to review the proportionality on its committees each year as set out in a paper on the application of the proportionality rules and how they are applied together with a table showing the number of seats on committees (pages 21 and 22).

7.2        Resolved –

That the review of proportionality on committees be approved.

The Leader is required each year to give notice to the Council of his appointments to the Cabinet and allocation of Cabinet portfolios between the Cabinet Members, together with the appointment of Advisers to Cabinet Members.

8.1        The County Council was reminded that the Leader is required each year to give notice to the Council of his appointments to the Cabinet and allocation of Cabinet portfolios between the cabinet members, together with the appointment of advisers to cabinet members.

8.2        The Council noted that Cllr Marshall had given notice to the County Council of his appointments for the ensuing year, as set out on pages 23 to 28.

Following the review of proportionality and in the light of the Leader’s proposals at item 7, to appoint members of non-Executive committees, to appoint the chairmen, vice-chairmen, panels and substitutes of those committees in accordance Standing Order 2.10 and to appoint the members of scrutiny committees (the chairmen and vice-chairmen will be appointed at the next meeting of each scrutiny committee). The appointments will take effect from the end of the meeting.

9.1        A schedule setting out the nominations for the appointment of the members of non-Executive committees, the chairmen, vice-chairmen, panels and substitutes of those committees and the members of Scrutiny Committees was circulated. Members were reminded that appointments of the chairmen and vice-chairmen of Scrutiny Committees will be dealt with at the annual meetings of committees in the usual way.

9.2        The schedule was agreed as set out at Appendix 2.

The Council will receive a report from the Appointing Committee recommending an appointment to the post of Chief Executive of the Council, to act as the Council’s Head of Paid Service.

10.1     The Council received a report from the Appointing Committee recommending an appointment to the post of Chief Executive of the Council, to act as the Council’s Head of Paid Service (tabled report pages 1 and 2).

10.2     Resolved –

That Leigh Whitehouse be appointed to the post of Chief Executive (Head of Paid Service) of West Sussex County Council with effect from a date to be agreed but no later than end July 2024.

The Council is asked to approve the Pay Policy Statement 2024/25, in the light of a report from the Governance Committee.

11.1     The Council considered the Pay Policy Statement 2024/25, in the light of a report from the Governance Committee (pages 29 to 38).

11.2     Resolved –

That the Pay Policy Statement, as set out in Appendix 1 to the report, be approved.

The Council is asked to consider minor changes to the Constitution in relation to mandatory training requirements for the members of certain panels and committees and revisions to the terms of reference of the Governance Committee and of the Health and Adult Social Care Scrutiny Committee to be in line with current practice and recent legislative changes, in the light of a report by the Governance Committee.

12.1     The Council considered minor changes to the Constitution in relation to mandatory training requirements for the members of certain panels and committees and revisions to the terms of reference of the Governance Committee and of the Health and Adult Social Care Scrutiny Committee to be in line with current practice and recent legislative changes, in the light of a report by the Governance Committee (pages 39 to 42).

12.2     Resolved –

(1)         That that the statement set out in paragraph 2 of the report be included in the terms of reference of the Appeals Panel, Fostering Panel, Pensions Committee and Planning and Rights of Way Committee in Part 3 of the Constitution;

(2)         That paragraph 3 of the terms of reference of the Health and Adult Social Care Scrutiny be amended as set out in paragraph 5 of the report; and

(3)         That paragraph 22 of the terms of reference of the Governance Committee be removed.

The Council is asked to consider revisions to Financial Regulations, in the light of a report by the Regulation, Audit and Accounts Committee.

13.1     The Council considered revisions to Financial Regulations, in the light of a report by the Regulation, Audit and Accounts Committee (pages 43 to 72).

13.2     Resolved –

That the revised Financial Regulations, as set out at Appendix 1 to the report, be approved.

To note urgent action taken under regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

14.1     The report of urgent action taken under regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (pages 73 to 76) was noted.

14.2     Cllr Lord requested that future reports to the Council should contain enough information to enable members to understand the reason for the use of the urgent action process.

Questions to the Leader and Cabinet Members on matters in the Cabinet report, written questions and any other questions relevant to their portfolios. Members may also ask questions of the Leader on anything current and relevant to the County Council. The report covers portfolio-related business since the meeting of the Council on 15 December 2023. A supplementary report may be published.

(2 hours is allocated for Question Time)

15.1     Members asked questions of members of the Cabinet on matters relevant to their portfolios, as set out at Appendix 4. This included questions on those matters contained within the Cabinet report (pages 77 to 80) and a supplementary report (supplement page 9) and written questions and answers pursuant to Standing Order 2.38 (set out at Appendix 3).

To debate the following motion, submitted by Cllr Milne, notice of which was given on 29 November 2023.

‘Current arrangements for declaring council assets surplus to requirement, and their subsequent disposal, are not satisfactory:

·         The decision rests exclusively with the Cabinet Member for Finance and Property.

·         It provides insufficient opportunity for consultation with key stakeholders such as district and borough councillors and parish councils.

·         There is no co-ordination with the policies of the local planning authority and decisions may directly contradict their wishes as expressed in their District Plan.

·         If a land or property asset is subsequently transferred into the Joint Venture with Morgan Sindall, the criteria for development become purely commercial which prevents a full consideration of other desirable social outcomes (such as a higher percentage of affordable housing).

This Council therefore calls on the Cabinet to:

(1)         Introduce a new approach to the declaration and disposal of assets which has a fuller set of arrangements for local member and stakeholder consultation to take account of a broader set of interests; and

(2)         Extend this revised approach to the adoption of clearer criteria to be applied when deciding whether to option a site to the JV.’

16.1     The following motion was moved by Cllr Milne and seconded by Cllr Condie.

‘Current arrangements for declaring council assets surplus to requirement, and their subsequent disposal, are not satisfactory:

·         The decision rests exclusively with the Cabinet Member for Finance and Property.

·         It provides insufficient opportunity for consultation with key stakeholders such as district and borough councillors and parish councils.

·         There is no co-ordination with the policies of the local planning authority and decisions may directly contradict their wishes as expressed in their District Plan.

·         If a land or property asset is subsequently transferred into the Joint Venture with Morgan Sindall, the criteria for development become purely commercial which prevents a full consideration of other desirable social outcomes (such as a higher percentage of affordable housing).

This Council therefore calls on the Cabinet to:

(1)         Introduce a new approach to the declaration and disposal of assets which has a fuller set of arrangements for local member and stakeholder consultation to take account of a broader set of interests; and

(2)         Extend this revised approach to the adoption of clearer criteria to be applied when deciding whether to option a site to the JV.’

16.2     The motion was lost.

To debate the following motion, submitted by Cllr McGregor, notice of which was given on 5 March 2024.

‘This Council notes that there is an ever-increasing use of and reliance on the provision of services via digital media.

It is well recognised that the use of digital technology has brought many benefits. However, it also excludes those who do not have the finance, resources, skills, or devices to engage with digital services.

In June 2023 the House of Lords Communications and Digital Select Committee identified that:

·         2.4m people are still unable to complete a single basic digital task to get online;

·         1.7m households have no broadband or mobile internet access.

The Council recognises that:

·         The Council ensures, through the implementation of our digital culture, the availability of non-digital alternatives to access Council services.

·         The Council’s libraries are helping people engage with digital services.

·         The Council has an extensive programme of work to build digital skills, including free access to public computer networks, the provision of free Wi-Fi in public spaces, and through our Digital Ambassador volunteers.

However, the Council recognises that despite this programme of support, many residents continue to be digitally excluded. Furthermore, digital exclusion goes much further than engagement with the services of West Sussex County Council. We need to be supporting our residents regarding all the effects of digital exclusion.

In recognition of this digital divide, the Council commits to increasing its work to ensure that residents are not digitally excluded within the county. The Council requests that the Chief Executive and Leader:

(1)        Ensure that the County Council is best able to identify residents and particular groups of residents who are most at risk of being digitally excluded due to lack of finance, resources, skills or devices.

(2)        Work with those groups to find the most effective ways of improving digital inclusion, recognising those ways will be different, depending on the reasons for the lack of digital inclusion.

(3)        Strengthen working with all tiers of local government and the voluntary sector to address digital exclusion.

(4)        Target appropriate publicity measures to raise awareness of the alternatives to digital engagement with the Council, for those residents for whom using digital channels is not a viable option.’

17.1     The following motion was moved by Cllr McGregor and seconded by Cllr Burgess.

‘This Council notes that there is an ever-increasing use of and reliance on the provision of services via digital media.

It is well recognised that the use of digital technology has brought many benefits. However, it also excludes those who do not have the finance, resources, skills, or devices to engage with digital services.

In June 2023 the House of Lords Communications and Digital Select Committee identified that:

·         2.4m people are still unable to complete a single basic digital task to get online;

·         1.7m households have no broadband or mobile internet access.

The Council recognises that:

·         The Council ensures, through the implementation of our digital culture, the availability of non-digital alternatives to access Council services.

·         The Council’s libraries are helping people engage with digital services.

·         The Council has an extensive programme of work to build digital skills, including free access to public computer networks, the provision of free Wi-Fi in public spaces, and through our Digital Ambassador volunteers.

However, the Council recognises that despite this programme of support, many residents continue to be digitally excluded. Furthermore, digital exclusion goes much further than engagement with the services of West Sussex County Council. We need to be supporting our residents regarding all the effects of digital exclusion.

In recognition of this digital divide, the Council commits to increasing its work to ensure that residents are not digitally excluded within the county. The Council requests that the Chief Executive and Leader:

(1)         Ensure that the County Council is best able to identify residents and particular groups of residents who are most at risk of being digitally excluded due to lack of finance, resources, skills or devices.

(2)         Work with those groups to find the most effective ways of improving digital inclusion, recognising those ways will be different, depending on the reasons for the lack of digital inclusion.

(3)         Strengthen working with all tiers of local government and the voluntary sector to address digital exclusion.

(4)         Target appropriate publicity measures to raise awareness of the alternatives to digital engagement with the Council, for those residents for whom using digital channels is not a viable option.’

17.2     An amendment was moved by Cllr Pudaloff and seconded by Cllr McKnight.

‘This Council notes that there is an ever-increasing use of and reliance on the provision of services via digital media.

It is well recognised that the use of digital technology has brought many benefits. However, it also excludes those who do not have the finance, resources, skills, or devices to engage with digital services, or those who experience barriers to existing services to address digital exclusion.

In June 2023 the House of Lords Communications and Digital Select Committee identified that:

·         2.4m people are still unable to complete a single basic digital task to get online;

·         1.7m households have no broadband or mobile internet access.

The Council recognises that:

·         The Council ensures, through the implementation of our digital culture, the availability  ...  view the full minutes text for item 17.