Councillor Request for Extended Leave of Absence - Waveney ...

COUNCIL167Wednesday 23 January 2013COUNCILLOR REQUEST FOR EXTENDED LEAVE OF ABSENCE (REP934)1.2.EXECUTIVE SUMMARYThe law states that if a member of a local Authority fails throughout a period of sixconsecutive months, from the date of his/her last attendance to attend any meeting of theauthority, s/he shall, unless the failure was due to a reason approved by the authority beforethe expiry of that period, cease to be a member of the Authority.Councillor Allyson Barron has not been able to attend any Council or Committee meetingssince she attended the Council meeting on 25 July 2012 for personal reasons and inexceptional circumstances. Councillor Barron has therefore made a formal request to theCouncil for an extension to be approved.Is the report Open orExempt?OpenWards Affected:Saint MargaretsCabinet Member:Leader of the CouncilCouncillor C Law(01502) 573389 / 07964 040531Supporting Officer:Arthur CharvoniaAssistant Chief Executive01502 523606arthur.charvonia@waveney.gov.uk119

1 INTRODUCTION1.1 Under Section 85 (1) of the Local Government Act 1972 (‘the Act’) if a member of a localAuthority fails throughout a period of six consecutive months, from the date of his/her lastattendance to attend any meeting of the authority or as a representative of the authorityon an Outside Body, s/he shall unless the failure was due to some reason approved bythe authority before the expiry of that period, cease to be a member of the Authority.1.2 Councillor Allyson Barron has not been able to attend any Council or Committeemeetings since the Council meeting held on 25 July 2012 and has therefore requestedthat the Council approve an extension to the usual six month rule to enable her to remainin office.1.3 Council can only consider approval of any reasons for non-attendance before the end ofthe relevant six month period, which will be Thursday 24 January 2013. CouncillorBarron is not able to attend the next Council meeting scheduled for Wednesday 23January 2013 and so a report needs to be considered by Full Council if she is to remainin office.1.4 Councillor Barron was last elected to the Council in May 2011 for Saint Margarets Ward.However, Councillor Barron has previously been an Elected Member for the NormanstonWard for the period 2007 – 2011.1.5 The personal circumstances relating to Councillor Barron’s non attendance at meetingsare that her son was involved in a life-threatening motorbike accident in September 2012and she needed to travel to and stay in Scotland until he was out of danger and to assistthe family during his recuperation. Councillor Barron assumed normal Ward Councillorduties after this period and was able to access her Councillor emails during her absence.However, Councillor Barron’s mother is now seriously ill and she has to travel out of thecountry in order to visit her mother as a matter of urgency. This means that CouncillorBarron is unable to attend the Council meeting on 23 January 2013 as she originallyattended to do. It is anticipated that Councillor Barron would fully undertake her WardCouncillor duties and be able to attend future Council meetings on her return.2 OTHER FACTORS TO CONSIDER2.1 Councillor Barron does not sit on any Committees of the Council. This does not debarher from attending Committee meetings prior to the Council meeting on 23 January 2013as an appointed Substitute. However Councillor Barron has not had the necessarytraining in order to sit on the Development Control Committee on 15 January 2013 andwhilst she has received training for the Licensing Committee, she has not receivedspecific training for Licensing Panels and so was not able to attend a Licensing Panelhearing scheduled for 9 January 2013. Attendance at working parties, task groups or anobserver at other Committees does not qualify for the purposes of Section 85 of the Act.Nor does attendance at Member Development / training sessions.3 FINANCIAL AND GOVERNANCE IMPLICATIONS3.1 Section 85(1) of the Local Government Act 1972 enables a local authority to approve thereason(s) for non-attendance of a Member at any meeting of the authority throughout aperiod of six consecutive months, provided that approval is given by the authority beforethe expiry of the six month period.3.2 If the approval of Council is not given at this meeting, there are no further qualifyingmeetings scheduled to be held before the expiry of the six month period since CouncillorBarron last attended a meeting and so in accordance with Section 85 (1) of the LocalGovernment Act 1972, Councillor Barron would be disqualified from office as a Councillor.3.3 Once any Councillor loses office, through failure to attend for the six months period, thedisqualification cannot be overcome by the Councillor subsequently resuming attendancenor can retrospective approval of the Council be sought.120

3.4 Consideration of this issue must be brought to Council at this time in the interest of soundgovernance and transparency. Having formally received Councillor Barron’s request theCouncil is legally required to consider it.3.5 There are no direct financial implications arising from this issue.4 OTHER KEY ISSUES4.1 There are no issues relating to diversity or sustainability on this matter.5 OTHER OPTIONS CONSIDERED5.1 None. Once a request has been received from a Councillor to extend their period ofoffice beyond the six month period of non-attendance, the Full Council is duty bound toconsider the request.6 REASON FOR RECOMMENDATION6.1 To ensure compliance with the request from Councillor Barron to extend her period ofoffice in accordance with the relevant legislation.RECOMMENDATIONS1. That Full Council agree to the request from Councillor Barron for an extension of office beyond thesix month period of non-attendance on the basis on extenuating personal circumstances.OR2. That Full Council do NOT agree to the request from Councillor Barron for an extended leave ofabsence, as a consequence of which she will cease to be a Waveney District Councillor.APPENDICES - NoneBACKGROUND PAPERS - None121