Full Council 1st June 2009 Amendment to item 5.1: Consultation on New Executive Arrangements for the Council. Moved by Cllr Jonathan Harston The Cabinet Minute to be amended by the addition of: * As part of the consultation the Council shall also consult on what election cycle respondants consider the Council should use, and an appropriate report be brought back to Cabinet and members. Report of Cllr Jonathan Harston Consultation on the Council's electoral cycle. 1 SUMMARY 1.1 The purpose of this report is to instruct the Council to consult on what election cycle the Council should use, either a system of annual (three years in four) elections by thirds or a system of whole council elections every four years, as part of the consultation on Executive Arrangements. 2 BACKGROUND 2.1 By Part II of the Local Government and Public Involvement in Health Act 2007 the Council can resolve to change the electoral cycle. The Act only allows a metropolitan council (such as Sheffield) to consider such a change in 2009 or each subsequent fourth year (ie 2013, 2017, etc). [Part II, Section 33, Para 4-5]. The Act also requires the Council to consider, before 31st December 2009, what Executive Arrangements are best suited for the Council, and to consult on those arrangements. This is the only opportunity to consult on both parts of the Act at the same time. 2.2 Different types of systems of Executive Arrangement may best supported by different election cycles. Leader and Cabinet may not necessarily be best served by the same election cycle as City Mayor and Cabinet. This consultation would allow Council to consider what combination of Executive and Election Cycle would best serve the City and Council. 2.3 If a metropolitan authority (such as Sheffield) chooses to move to all-up elections, the Act requires them to be in 2010 and each fourth following year. If the Council choses to move to an Elected City Mayor system, those elections would also be in 2010 and each fourth following year. 3 OTHER CONSULTATION 3.1 In 2003 the Electoral Commission was asked by the Office of the Deputy Prime Minister to undertake work to consider the issue of Council electoral cycles and it reported back on 27 January 2004. 3.2 The recommendations of the Electoral Commission were as follows: (1) "The Commission recommends that the cycle of local and sub-national government elections in England should follow a clear and consistent pattern, within and across local authorities. Individual authorities should not be permitted to "opt out" of this pattern, and any newly created authorities should also follow the same pattern. (2) The Commission recommends that each local authority in England should hold whole council elections, with all councillors elected simultaneously, every four years. (3) The Commission recommends that all local government electors in England should elect members of their district, metropolitan borough, London borough or unitary council simultaneously once every four years. Two years later, in the mid point of the electoral cycle, electors in areas with county councils, city-wide authorities or any future sub-national government should elect representatives to those bodies." 3.3 In November 2005 Waveney District Council consulted on moving to all-up elections. They found that: * 37% thought that elections should be held for half the council every two years * 19% thought that elections should be held for a third of the council every three years * 42% thought that elections should be held for all the council every four years The only option Sheffield has is thirds or all-ups, so this can be interpreted as 42% for all-ups and 56% for partial elections. 3.4 In a discussion on Sheffield Forum in February 2008, the response was broadly 1/3 for thirds, 1/3 for all-ups, 1/3 for something else. 3.5 This informal survey of other consultation shows that there is a differing support for different election cycles. The people of Sheffield should be consulted on what would best serve the people and the Council of Sheffield. 4 RESOURCE IMPLICATIONS 4.1 Consulting about changing the electoral cycle at the same time as the consultation on new Executive Arrangements will save any costs associated with consulting separately. 4.2 By moving to whole council elections, there would be savings in the cost of running elections compared to the current arrangements. This arises as there would be elections every four years instead of three years out of four as now. It would not be a clear two-thirds saving as each election would be a multi-member election. 5 PROCEDURE FOR CHANGE 5.1 An authority may only pass a resolution to move to all-up four-yearly elections after it has consulted all such persons as it thinks appropriate on the proposed change. The Act also constrains a metropolitan authority (such as Sheffield) to do such consultation at any time up to 31 December 2009, or in the period 1st October to 31st December in every fourth year thereafter (ie, Oct-Dec 2013, Oct-Dec 2017, etc.) 5.2 The consultation does not bind the council to move or not move a resolution to change its electoral cycle. The consultation is a required information gathering part of the procedure. 5.3 The Act requires the enabling resolution to be "at a meeting specially convened for the purpose" [Part II Section 33 Para 3]. This can be a short single-item Special Council meeting convened immediately before a standard monthly council meeting, in a similar manner to the single-item Special Council meetings that have conferred special honours on citizens and such like. 5.4 For the Council to change the Council's electoral cycle, it is necessary for two thirds of the members present and voting on the resolution at a Special Council to vote in favour of the change. Abstention does not count as voting therefore, if 81 members attend, 75 vote and 6 abstain from voting, the vote in favour needs to be 50. If 81 vote and none abstain, the vote in favour needs to be 54. If 81 attend, 60 abstain and 16 vote for, 5 against, the motion would be carried. 5.5 Once resolved to move to all-up elections the Council must publicise that fact locally, and inform the Electoral Commission [Part II Section 35]. It would be wise to also inform directly the local branches of registered political parties in Sheffield, the Local Government Association and polling research organisations, such as Thrasher & Rawlings at the University of Plymouth. 5.6 If a metropolitan authority (such as Sheffield) chooses to move to all-up elections, the Act requires them to be in 2010 and each fourth following year. 6 RECOMMENDATION 6.1. Council is recommended to: * Instruct the Deputy Chief Executive to consult on the Council's electoral cycle as part of the consultation on new Executive Arrangements. * Agree that a further report be brought back between 1st September and 31st December following consultation for Cabinet to consider a recommendation to Full Council. REFERENCES * The Cycle of Local Government Elections in England - Consultation Paper, by the Audit Commission (July 2003) * Electoral Cycles in English Local Government, by the LGC Elections Centre (July 2003) * The Cycle of Local Government Elections in England, by the Audit Commission (January 2004) * Electoral Cycle Consultation, by Broadland District Council (October 2003) * Report to Special Council, Waveney District Council (June 2006) SAMPLE NON-ENABLING RESOLUTION This Council a) Resolves, in line with Part 2 of the Local Government and Public Involvement in Health Act 2007, and considering the responses of consultation, that the council shall continue to hold annual elections by thirds, three years in four. b) Instructs relevant officers to inform the Electoral Commission, the Local Government Association, Sheffield Branches of registered political parties and the University of Plymouth Political Research Dept. of this resolution. SAMPLE ENABLING RESOLUTION This Council a) Resolves, in line with Part 2 of the Local Government and Public Involvement in Health Act 2007, that it shall move to all-council four-yearly elections commencing with the elections held on the date of normal elections in 2010, and approves the required modifications to the Council's constitution. b) Instructs relevant officers to publicise the change to all-council four-yearly elections. c) Instructs relevant officers to inform the Electoral Commission, the Local Government Association, Sheffield branches of registered political parties and the University of Plymouth Political Research Dept. of this resolution.