Issue - meetings

To consider the report of the Monitoring Officer.

Agreed:

RECOMMENDED that Council grant:

(1) the indemnity for Officers and Members and adopts the policy for inclusion in Part IV (Codes and Protocols) of the Council’s constitution;

(2) a standing delegated authority to the Monitoring Officer, in consultation with the s151 Officer and the Leader of the Council to:

a)     determine whether to meet the cost of any officer or Member liability or loss from the Council’s own resources, where the Council’s own insurance policy does not cover such a liability or loss; and

b)     agree and implement any necessary amendments to the indemnity policy where such amendments are required to reflect changes in legislation, insurance arrangements or best practice, provided that any substantive policy changes are reported back to Council for approval.</AI8>

Reason for Decision: As set out in the report.

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The Executive received the report which outlined the indemnity policy to be granted to Members and Officers, including former Members and Officers. The report also explained the Council’s power to grant an indemnity, its benefits and the proposed terms of the indemnity policy were outlined in Appendix 1 of the report, which would provide clarification to the position and terms of the indemnity for Members and Officers.

Particular reference was made to:-

·        as a matter of law, officers and members were generally not personally liable for a local authority’s actions;

·        statutory immunity applied when duties were exercised in good faith and without negligence;

·        under the Local Government Act 2000 and the 2004 Order, local authorities may grant indemnities when exercising functions as a Director of a company or as member of an outside body; and

·        the proposed policy provided indemnity subject to a number of exemptions, and it was common practice for a local authority to have an indemnity policy.

During the discussion, Executive Members raised the following points and questions:-

·        the report was welcomed and having clarity was important for officers and members to operate effectively for the council’s benefit;

·        making the policy physical and more accessible in a more digital era was welcomed; and

·        indemnity was valuable for those on sit on outside bodies where external indemnities may vary.

An opposition group leader sought clarification on the clause permitting the council to require security from an individual where it was reasonably anticipated that they would repay amounts paid by the council and what were the implications for councillors.

In response to questions and points raised by Members, the Head of Legal & Democratic Services and Monitoring Officer advised that the clause was discretionary and could apply where a criminal offence was suspected and the authority might reclaim costs. It was not a blanket provision and would be considered at the time of any application.

The Leader moved the recommendations, which were seconded by Councillor Wright, voted upon, and CARRIED unanimously.

RECOMMENDED that Council grant:

(1) the indemnity for Officers and Members and adopts the policy for inclusion in Part IV (Codes and Protocols) of the Council’s constitution;

(2) a standing delegated authority to the Monitoring Officer, in consultation with the s151 Officer and the Leader of the Council to:

a)     determine whether to meet the cost of any officer or Member liability or loss from the Council’s own resources, where the Council’s own insurance policy does not cover such a liability or loss; and

b)     agree and implement any necessary amendments to the indemnity policy where such amendments are required to reflect changes in legislation, insurance arrangements or best practice, provided that any substantive policy changes are reported back to Council for approval.