To consider the call-in by Cllr Tyerman and 20 other Councillors of the Elected Mayor’s decision in relation to the Memorandum of Understanding with Torquay United Association Football Club. 

The reasons for the call-in are as follows:

“The decision to prepare the final Memorandum of Understanding [MOU] between Torbay Council and Torquay United is contrary to the Policy Framework. The Corporate Plan identifies one of the Council’s principles as “Using reducing resources to best effect”.

Given that creating a MOU will mean extra officer time we do not believe it to be an effective use of officer time.

The conduct to be undertaken by Torbay Council in the document is the conduct that one would expect the Council to adopt with any significant partner organisations and so a document is not required.

The enabling land should be identified before any officer capacity is spent on this project.”

The Record of Decision is attached for information.

The Board had before it details of a call-in by no fewer than twenty Members of the Council of the decision of the Elected Mayor in relation to a proposed Memorandum of Understanding (MOU) with Torquay United Associated Football Club.

The Call-in Promoter (Cllr Tyerman) explained that the signatories believed that the Elected Mayor’s decision was contrary to the Council’s Policy Framework.  He explained that the Corporate Plan identified one of the Council’s principles as “Using reducing resources to best effect”.  Further, the conduct set out within the proposed MOU was the conduct that one would expect the Council to adopt with any significant partner organisation.  Therefore creating the MOU would not be an effective use of officer time.

Members of the Board indicated that they were minded to agree that the decision was contrary to the Council’s Budget and Policy Framework and, at that point, the Monitoring Officer provided advice to the Board.

The Elected Mayor responded and explained why he was now minded to rescind his previous decision.

Resolved:  (i)  that, subject to the Elected Mayor signing and publishing a record of decision to rescind his previous decision in respect of the Memorandum of Understanding with Torquay United Association Football Club by 21 January 2019, no further action be taken; and

(ii)        that, in the event that (i) above is not implemented by 21 January 2019, having listened to the advice of the Monitoring Officer, the Board is of the view that the Elected Mayor’s decision is contrary to the Policy Framework as it does not believe that it makes the best effect of the Council’s reducing resources and therefore the matter be referred to Council on 31 January 2019.

To consider a report on a Memorandum of Understanding with Torquay United Association Football Club (TUAFC) to explore future opportunities in connection with TUAFC.

The Policy Development and Decision Group (Joint Operations Team) made the following recommendation to the Elected Mayor:

that no further action be taken in respect of the Memorandum of Understanding (MOU) between Torbay Council and Torquay United Association Football Club (TUAFC).

The Elected Mayor considered the recommendation of the Policy Development and Decision Group (Joint Operations Team) set out above at the meeting and the record of decision, together with further information is attached to these Minutes.