Agenda item

(Monitoring Officer) To consider the attached report.

The Monitoring Officer presented a report to the Council regarding the appointment of the Monitoring Officer, Returning Officer, Electoral Registration Officer and other Officer Delegations.

RESOLVED:

Monitoring Officer

(1)        That Nathalie Boateng, be designated as Monitoring Officer with immediate effect in accordance with Section 5 of the Local Government and Housing Act 1989 and Sections 26-37 of the Localism Act 2011 for the purpose of performing the duties imposed by those sections; and to be responsible for any Parish or Town Councils which were affiliated for the time being to the Epping Forest Standards Committee under Chapter 7 of the Localism Act;

(2)        That the existing delegations to the Monitoring Officer attached at Appendix be noted;

Returning Officer and Electoral Registration Officer

(3)        That, in accordance with the Representation of the People Act 1983 and all related legislation, Derek Macnab be appointed as Electoral Registration Officer (ERO) for the Council with immediate effect with authority to appoint deputy or deputies as may be required;

(4)        That, in terms of Section 41 of the Local Government Act 1972 and all related legislation, and with immediate effect, Derek Macnab be appointed as Returning Officer for the Council, with authority to act in that capacity for elections to the District Council and all or any parish and town councils within the Epping Forest District. This appointment to continue until a further review of this position when a new chief executive was appointed by the Council;

(5)        That the Council’s Returning Officer/Electoral Registration Officer be also appointed or authorised to act in respect of all related electoral, poll or referendum duties, including those in relation to County Council elections, elections to the European Parliament (if required), and for national and regional or local polls and referendums;

(6)        That, in relation to the duties of Returning Officer or any other electoral, referendum or polling duties arising from such appointment, the Returning Officer shall be entitled to be remunerated in accordance with scale of fees approved by the Council for local elections, or the relevant scale of fees prescribed by a Fees Order in respect of national, regional or European Parliament elections, polls or referendums;

(7)        That in all cases where it was a legal requirement or normal practice to do so, fees paid to the Returning Officer shall be superannuable, and the Council shall pay the appropriate employer’s contribution to the superannuation fund, recovering such employer’s contributions from central government or other local authorities or agencies where this could be done;

(8)        That, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Council was entitled by law to do so, theCouncil shall take out and maintain in force insurance indemnifying the Council and the Returning Officer against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Council or the Returning Officer and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of the  Representation of the People Acts or other legislation governing the electoral process, or accidental breach of any ministerial or other duty by the Returning Officer or any other person employed by or officially acting for him in connection with the election or poll);  and

(9)        That any such insurance carrying an ‘excess’ clause by which an initial portion of risk was not insured, the Council, through its internal insurance fund or otherwise, would indemnify the Returning Officer up to the value of such excess.

Other Officer Delegations

(10)      That the proposed changes to the Council Scheme of Delegation reflecting changes to the Monitoring Officer, Returning Officer, Electoral Registration Officer and to the revised responsibilities of level 3 and 4 officers attached at Appendix 7 be approved;

(11)      That consequential changes made by the Leader of the Council to the Scheme of Executive Delegation attached at Appendix 8 be noted;

(12)      That the Monitoring Officer be granted authority to make changes to the Constitution, as required to reflect the new officer structure.