A STATE of political limbo now exists at the top of Middlesbrough Council after five of the seven members of its executive team walked out. 

A packed agenda of items including the Stainsby country park plan and its controversial spine road was deferred on Tuesday.

Middlesbrough Mayor Andy Preston and Conservative councillor Mieka Smiles were in attendance – but no decisions were made as the meeting was “inquorate” without deputy mayor Cllr Antony High and four other independent members. 

The five resignations mean the executive committee won’t be making decisions on major pieces of council business for the time being.

The Local Democracy Reporting Service has posed a raft of questions to the authority of what happens now when it comes to the council’s decision-making capabilities. 

In the wake of a tumultuous 24 hours, officials are still working behind the scenes to work out how to move forward.

Get the rule book out…

Middlesbrough Council’s executive is a body made up of the mayor and a top team.

It can have between two and nine councillors in its ranks – all appointed by the mayor. 

However, the council’s constitution states functions which are the responsibility of the executive still may be exercised by the mayor.

There are 46 councillors on the wider authority plus the mayor. 

The council’s 227 page constitution sets out the rules and process of how the authority works, where powers lies, and who makes decisions. 

It states the executive team have to be elected councillors – meaning they can’t be council officials, or experts from outside the authority. 

And the size and who makes up the executive is solely a decision for the mayor to decide. 

It can be made up of councillors from any political group – or none – and doesn’t need to reflect the political balance of the council as a whole.

However, it’s advantageous the make-up does reflect the balance of power in the wider chamber for votes requiring all councillors to make a decision – such as passing the budget. 

In the event of the executive being “unable to act”, the constitution states the council will “appoint an interim executive” to ensure functions are kept running. 

The Localism Act 2011 also sets out that the executive can operate with the mayor plus two other members.

This means a minimum of one extra councillor would need to be added to the executive’s ranks to allow higher-level decisions to be made under current rules and structure.

Under normal circumstances, the mayor tells the annual general meeting – to be held in the on May 26 this year – of any changes to the composition and names on the top team for the coming year. 

“Paralysis”

Simon Clarke, Conservative MP for Middlesbrough South and East Cleveland, said the council was “in a state of paralysis” as things stood. 

He added: “The resignation of the five independent executive members leaves hugely important services, and the people of Middlesbrough who rely on them, effectively without leadership.

“My message to both sides in this dispute is this: sort this out and sort it out now.

“It is time for the people making these allegations to front them out in detail and for the mayor to respond likewise. 

“Only then will residents and elected members be able to make anything like a sound judgement on this sorry matter. 

“This is the only way for the town to move forward.”

Deputy mayor Cllr Antony High and four independent members walked away from the seven strong leadership team on Tuesday – signing a resignation letter which made a string of allegations about the mayor’s conduct. 

The missive alleged “persistent poor conduct and misbehaviour” by Mr Preston – and that its signatories had “lost all confidence” in his ability to lead the town. 

Mr Preston has strongly denied all the allegations – labelling them “slurs”. 

The band of former executive members has revealed its aims to call for an extraordinary council meeting to trigger a vote of no confidence in the mayor. 

Not downing tools

Cllr Smiles – the one remaining councillor on the executive team – said “gaping holes” had been left in crucial parts of the council at a political level – including health, children’s services, social care, and finance. 

The Conservative added: “Downing tools and walking away from very serious responsibilities on what are currently unproven allegations, without due process being allowed to take place, is not something I am prepared to do.

“Andy Preston was chosen to be mayor by Middlesbrough people and I feel that there now needs to be more detail of the allegations provided, any evidence shared and the proper processes followed. 

“I would ask all those involved to cooperate in this to bring the situation to a swift conclusion.

“If this situation changes then I will of course reconsider my position at that point. 

“Until such time I will continue to fulfill my role as executive member for communities and education to the very best of my ability to ensure smooth running of the council where now possible.”

The balance of power in Middlesbrough Council chamber is weighed in favour of independent groups for the time being. 

Labour hold 18 seats, while the Middlesbrough Independent Group (MIG) and the Middlesbrough Independent Councillors Association (MICA) hold 13 and 10 seats respectively. 

Three Conservatives and two “independent independents” – Cllr Joan McTigue and Cllr Jon Rathmell – hold the other councillor seats. 

Mr Preston has been contacted for comment on whether he has candidates in mind for executive roles – and whether he is open to recruiting a new executive from all parties or none. 

Meanwhile, an email seen by the Local Democracy Reporting Service shows top officer Tony Parkinson has moved to reassure staff in the wake of the political unrest.

His message added that he did not envisage the situation would impact upon the day-to-day business of the council.

And the chief executive confirmed scenario planning was taking place in the event the mayor established a new executive, was unable to recruit a top team, or he opted to resign.