Agenda item

To consider the proposals set out in the report.

Mark O’Callaghan, Scrutiny and Engagement Officer introduced the report highlighting the changes made to the report following the meeting in April 2019. Further clarification had since been made.  In summary:

-       Voting rights for Parish Members could be at the discretion of the Board, and;

-       The number of public speakers to be made consistent with Tunbridge Wells’ usual procedure rules.

-       Subject to these changes, the Board would be invited to comment which would then be fed back to Cabinet for approval.

Adrian Berendt, Chair of the Royal Tunbridge Wells Town Forum had registered to speak which included the following comments:

-       The agreement allowed for representatives to be appointed from Town or Parish Councils.  As Royal Tunbridge Wells was an unparished Council, the Town Forum would be an appropriate representative and as such would like to be  included for nomination.

Discussion included the following comments:

-       The Board was made up of accountable elected members and as such suggested that in the first instance, legal advice should be sought. Also, as a non decision making Committee, it would need to be reviewed/decided at a different level.

-       Any decision would set a precedent for other non elected groups.

-       Recognition that there was expertise and professionalism within non elected groups, including the Town Forum that could add value to the Committee.

-       There was a process to create a Town Council so it was an option open to Tunbridge Wells.  It would then be able to have representation as elected Members on a range of Committees.

-       The Audit and Governance Committee had non elected representatives who made a valuable contribution to the Committee but did not have a vote.

-       Elected Members were also required to sign the Code of Conduct.

-       Need to separate the request  for non elected Groups to be included to speak on a Committee and their ability to vote. 

-       A request was made that 5.3 of the agreement also included the words ‘active travel’. 

-       Further clarification was sought as to whether the agreement would offer Parish Councillors the opportunity to vote (para 2.2 and 2.3 refers).  It was noted that  Maidstone and Swale JTB’s (also Tonbridge and Malling?) already allowed Parish Representatives the vote.

-       Sections 2.1 – 2.4 not explicitly clear about voting rights.  Suggested that the wording needed to be reviewed. 

-       Maidstone JTB agreement stated ‘All Board members, including Parish Council Members shall have the right to propose motions and amendments and to vote on the same’.  It was suggested the same wording could be used for the TWBC agreement.

-       General agreement that the Board should be able to decide whether Parish Councillors be given the ability to vote.  The revised JTB could be supported subject to it being revised to include the reference to ‘active travel’ and the Board’s ability to assign voting rights to Parish Members being expressly stated. The inclusion of the Town Forum was a different issue and would need to be dealt with separately. 

-       The JTB Agreement was a Kent wide document that needed to be agreed by all 12 districts. As such there would be a need to establish whether any amendments would require agreement by all 12 districts or whether there would be flexibility to make small changes to suit the requirements of individual districts.

-       Representations to the JTB on the Maidstone JTB Agreement was written simply as follows: ‘ Any JTB Member, KCC elected Member and any Maidstone Borough Council elected Member, may place a relevant item on the agenda and attend and speak at any meeting of the JTB but may not vote nor propose a motion nor an amendment (unless already a voting member of the JTB).  It was suggested this wording be put forward as an amendment to the current wording.

RESOLVED – That the revised JTB Agreement be supported subject to the following amendments:

-       The addition of ‘active travel’ under Section 5.3.

-       Review of Section 2.3 to include the Board having the ability to assign voting rights to Parish Councillors.