Issue - meetings

Report number LDS117 by the Chairman of the Constitution Committee.   (Enclosure)

Decision:

1.       Authorisation of PCSOs to issue fixed penalty notices

1.1   That the Scheme of Delegation to officers at page 102 of the Constitution is amended to include the authorisation to delegate to Police Community Support Officers (PCSOs) to serve fixed penalty notices.

2.       Members Remuneration

2.1   That the Council approves at page 293 paragraph 4 of the Constitution the addition of the words “Co-habiting members shall only be entitled to make one claim per household for broadband allowance.”

2.2   That the recommendations listed at 1.2(2) and 1.2(3) of report number LDS117 be referred to the Governance and Audit Committee for further clarification

3.       Public speaking at Development Control Committee

 3.1   That the recommendation listed at 1.3 of report number LDS117 be referred for further consideration by the Constitution Committee following consultation with the Development Control Committee

The Chairman of the Constitution Committee presented report number LDS117 which proposed a number of changes to the Constitution. In presenting the report he moved recommendations 1.1 (authorisation of PCSOs to issue fixed penalty notices for dog fouling, littering and graffiti) and 1.2(1) (clarifying that co-habiting members would only be entitled to make one claim per household) as written. He further proposed that recommendations 1.2(2) and 1.2(3) relating to members’ allowances be referred to the Governance and Audit Committee for further clarification and recommendation 1.3, (which related to the period of notice required to request to speak at Development Control Committee) be referred for further consideration by the Constitution Committee following consultation with the Development Control Committee. These propositions were seconded.

Several Members spoke in support of the proposals, particularly in relation to authorising Police Community Support Officers to issue fixed penalty notices. Members also welcomed the opportunity for the Development Control Committee to be consulted   on the issue relating to public speaking at the Committee.

A separate vote was taken for each proposition.

Recommendation 1.1 was put to the vote and carried. Recommendation 1.2(1) was put to the vote and carried. The referral of recommendations 1.2(2) and 1.2(3) to the Governance and Audit Committee were put to the vote and carried unanimously. The referral of recommendation 1.3 for consultation with the Development Control Committee and further consideration by the Constitution Committee was put to the vote and carried unanimously.

·       Authorisation of PCSOs to issue fixed penalty notices (FPN) - Report ENV595 from the Head of Environmental Services

(Enclosure)

·       Members Allowances following Internal Audit Report – Report LDS114 from Head of Legal and Democratic Services

(Enclosure)

Authorisation of PCSO’s to issue fixed penalty notices

Recommendation

That the Constitution Committee recommends to Council that the Scheme of Delegation to officers is amended to include the delegation to Police Community Support Officers (PCSOs) to serve fixed penalty notices.

Members had before them report ENV595 from the Service Manager Environmental Health which concerned a request on behalf of the Chief Constable asking if Police Community Support Officers (PCSOs) could be authorised by the Council to carry out various fixed penalty enforcement:

-        Power to issue fixed penalty notices for littering

-        Power to issue fixed penalty notices in respect of offences under dog control orders

-        Power to issue fixed penalty notices for dog fouling and

-        Power to issue fixed penalty notices for graffiti and fly-posting

The request would mean an amendment to the Scheme of Delegation to include PCSOs.  The Service Manager then briefly gave some back ground information about officer training for both Environmental Health Officers and Housing Officers.  The delegation to the PCSO’s would supplement the delegations already in place and help act as a deterrent to littering and dog fouling.  The delegation would help to mitigate any challenge that the Council may get to the issue of fix penalty notices by PCSO’s.

One Member stated that a lot of dog fouling occurred after dark and it was confirmed that PCSO’s were on duty until 10pm at night.  A question was asked about the use of CCTV and the Head of Legal and Democratic Services replied that although CCTV could detect offences a name and address had to be identified.

Another Member then asked for clarity about the role of PCSO’s with regard to fixed penalty notices to which the Head of Legal and Democratic Services confirmed that PCSO’s would act as “agents” on behalf of the Council. It was, therefore, appropriate that, where the power existed for PCSO’s to carry out a function, the authority to act on behalf of the Council was formally delegated. Further questions were asked about the dog warden and also the number of fixed penalty notices issued to which the Service Manager Environmental Health confirmed that the dog warden was contracted to deal with stray dogs and that 4 notices had been issued in respect of dog fouling in the past year.

It was then proposed, seconded and agreed that the addition of PCSO’s to the Scheme of Delegation be recommended to Council.

Members’ Remuneration

Recommendation;

That the Constitution Committee approves, in principle, the following recommendations subject to a suitable appeals process being put in place in respect of claims that have been refused and the agreement of the Government and Audit Committee to the recommendations.

1)    At page 293 paragraph 4 of the Constitution add the words – Co-habiting members shall only be entitled to make one claim per household for broadband allowance.

2)    At page 292 – Travel Expenses add the words – Members claiming mileage for motor vehicle use should provide a copy to the Council  ...  view the full minutes text for item 38