Issue - meetings

RESOLVED:           1)       That an indemnity be granted to Members and officers, both current and former, who are or have been appointed by the Council to an outside body, including the Council’s wholly owned companies, in the form set out in Appendix 1.

2)             That the section 151 officer in consultation with the Portfolio Holder for Finance is authorised to make changes from time to time provided, they are non-material, with reference to the content of this report.

3)             That the Chief Executive, or in the event of their absence or a conflict arising, the Monitoring Officer, in consultation with the Leader, or in the event of their absence or a conflict arising, the Deputy Leader, is authorised to determine on a case-by-case basis whether an exclusion under the indemnity applies. 

Reason for Decision

To provide assurance to Members and officers who are asked to take on the responsibility of acting on an outside body, including the Council’s wholly owned companies, that they will not be personally liable for any financial loss they may suffer as a consequence of carrying out their duties.

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The Monitoring Officer presented a report which proposed the granting of indemnities to Members and officers to cover any loss, damages, costs or legal expenses which they may be ordered to pay or may reasonably incur arising from their action or failure to act during the course of their appointment to an outside body, including the Council’s wholly owned companies.

An indemnity was a promise to be responsible for another's loss in advance of any such loss occurring. It was proposed that the indemnity be subject to specified exclusions, including any fraud, dishonesty, deliberate wrongdoing or recklessness, or a convicted criminal offence on the part of the Councillor or Officer.

The aim for providing the indemnity was that officers and Members were assured that, by supporting the Council by participating in outside bodies or its wholly owned companies, they would not render themselves personally liable in relation to any claims that may be made against them. Whilst insurance was in place to cover these duties, such insurance is provided by a third party with detailed exclusions and limitations. If, for any reason outside the Council’s control, the insurance company decided that cover was not payable under the insurance policy, the Council’s indemnity would apply.

Cabinet considered the proposal provided re assurance for those putting themselves in a position on behalf of the Council.

RESOLVED:           1)       That an indemnity be granted to Members and officers, both current and former, who are or have been appointed by the Council to an outside body, including the Council’s wholly owned companies, in the form set out in Appendix 1.

2)             That the section 151 officer in consultation with the Portfolio Holder for Finance is authorised to make changes from time to time provided, they are non-material, with reference to the content of this report.

3)             That the Chief Executive, or in the event of their absence or a conflict arising, the Monitoring Officer, in consultation with the Leader, or in the event of their absence or a conflict arising, the Deputy Leader, is authorised to determine on a case-by-case basis whether an exclusion under the indemnity applies. 

Reason for Decision

To provide assurance to Members and officers who are asked to take on the responsibility of acting on an outside body, including the Council’s wholly owned companies, that they will not be personally liable for any financial loss they may suffer as a consequence of carrying out their duties.