Part one open to the public ITEM NO 7
______
REPORT OF The City Mayor ______
TO Council ON 15th May 2013 ______
TITLE: Nominations and Appointments to GMCA/AGMA and Appointments to Outside Bodies. ______
RECOMMENDATION: The Council is recommended: 1. To agree to the appointments and nominations as listed on pages 3 to 5 2. To note the nominations by the City Mayor as listed on pages 6 and 7 3. To note the appointments by GMCA/AGMA as listed on pages 8 and 9 4. To note to the appointments to Outside Bodies on pages 10 to 12.
______EXECUTIVE SUMMARY.
Under the Constitution the Council are required to approve or note as appropriate the appointment and nomination of representatives on Outside Bodies on an annual basis. Full details of these nominations are shown at Appendix 1.
Persons appointed or nominated and then appointed in respect of AGMA nominations are so appointed in accordance with the Article 11 of the Council Constitution, which establishes legal indemnity. Full details of the indemnity policy are shown at Appendix 2.
______
BACKGROUND DOCUMENTS: Council Constitution (Available for public inspection) ______
KEY DECISION: ______
1 DETAILS: see attached documents
______
KEY COUNCIL POLICIES: Council Constitution ______
EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: ______
ASSESSMENT OF RISK: It is a requirement for Council to consider these appointments and nominations on an annual basis. ______
SOURCE OF FUNDING: N/A ______
LEGAL IMPLICATIONS Supplied by N/A ______
FINANCIAL IMPLICATIONS Supplied by N/A ______
OTHER DIRECTORATES CONSULTED: N/A ______
CONTACT OFFICER: Martin Vickers Strategic Director of Customer and Support Services. TEL. NO: 0161 793 3000 ______
WARD(S) TO WHICH REPORT RELATE(S): All ______
2 Appendix 1
GMCA/AGMA NOMINATIONS AND APPOINTMENTS To be appointed by Council Body Composition Lengt Meeting Appointments Skills/Role of h of Requirements made in nominee Term 2013/14 GM 9 Leaders 1 year Monthly, last City Mayor Leader/Elected Combined and 1 Friday of the Mayor and Authority Elected month Deputy City substitute Mayor of GM Mayor Authorities appointed by LA
Plus 1 substitute from each LA
AGMA 9 Leaders 1 year Monthly, last City Mayor Leader/Elected Executive and 1 Friday of the Mayor and Board Elected month Deputy City substitutes Mayor of GM Mayor Authorities Cllr Dennett appointed by LA
Plus 2 substitutes from each LA
Police and 9 Leaders 1 year Minimum City Mayor Leader/Elected Crime Panel and 1 quarterly Mayor Elected Mayor of GM Authorities appointed by LA
Police and 10 elected 1 year Bi-monthly Deputy City Crime and Crime members Mayor Disorder Steering from across portfolio holder Group AGMA appointed by LA
3 Body Composition Lengt Meeting Appointments Skills/Role of h of Requirements made in nominee Term 2013/14
Transport for 33 members 1 year Monthly Cllr Jones GM from across Cllr Warner GM Cllr R Garrido
3 members to be appointed by LA – 1 to be opposition member GMCA/AGMA 30 members 1 year Monthly Cllr Ferguson Ideally Chairs Scrutiny from across Cllr Potter of LA Scrutiny Committee GM, three Cllr K Garrido from each LA
Appointed by the LA based on political balance
Both sexes must be represented within the 3 nominations. GM Health 10 members 1 year Quarterly Cllr V Ideally Chair of Scrutiny from across Burgoyne Health Panel GM Scrutiny or appointed by scrutiny the LA members
Plus one substitute from each LA Statutory 10 members 1 year Quarterly Vacancy for Usually Functions from across appropriate member of the Committee GM Assistant Executive appointed by Mayor – to be the LA determined GM Fire and 3 members 1 year Cllr G Wilson Rescue to be Cllr Dawson appointed by Cllr Lindley the LA
1 member to be from the
4 Body Composition Lengt Meeting Appointments Skills/Role of h of Requirements made in nominee Term 2013/14 opposition GM Waste 2 members 1 year Cllr Mashiter Disposal appointed by Cllr Hunt Authority the LA
5 GMCA/AGMA NOMINATIONS AND APPOINTMENTS To be nominated by the Local Authority (City Mayor) Body Composition Lengt Meeting Appointment Skills/Role of h of Requirements s made in nominee Term 2013/14 Interim GM 6 elected 1 year Quarterly No Salford Health portfolio Health and members rep in 13/14 holder and Wellbeing from across member of the Board GM LA Health and nominated by Wellbeing the LA, Board appointed by GMCA/AGMA
Planning 6 elected 1 year Quarterly Cllr Antrobus Planning and and members Housing Housing from across portfolio holder Commission GM nominated by the LA, appointed by GMCA/AGMA
GMCA 3 substitute 1 year Quarterly Deputy City Substitute Audit members of Mayor member of the Committee the GMCA GMCA or nominated by member of the the LA and GMCA/AGMA appointed by Scrutiny Pool the GMCA
3 members of the GMCA/AGMA Scrutiny Pool, nominated by the LA and appointed by the GMCA
6 GMCA/AGMA OUTSIDE BODIES NOMINATIONS AND APPOINTMENTS Body Composition Lengt Meeting Appointments Skills/Role of h of Requirements made in nominee Term 2013/14 GM 6 reps across 1 year Quarterly Cllr Usually Pensions GM Pennington member of the Fund nominated by Executive Managemen the LA and t Panel appointed by the GMCA/AGMA
Asylum 6 reps across 1 year Quarterly Cllr Dennett Relevant Seekers GM portfolio holder Executive nominated by depending on Board the LA and LA appointed by arrangements the GMCA
NW 1 rep across 1 year Quarterly Sub – Cllr Leader/Elected European GM Warmisham Mayor or Programmes nominated by Deputy or Local the LA Economic Managemen appointed by Development t Committee GMCA Portfolio Holder Plus 1 sub NW 3 reps across 1 year Quarterly No Salford rep Executive Regional GM in 13/14 member with Flood and nominated by Flood risk in Coastal the LA portfolio Committee appointed by GMCA/AGMA
7 To note - GMCA/AGMA Appointments. Body Composition Lengt Meeting Appointments Skills/Role of h of Requirements made in nominee Term 2013/14 Local 4 members 1 year Monthly No Salford rep Leader/Elected Enterprise appointed by 13/14 Mayor Partnership GMCA
Low Carbon Low Carbon 1 year No Salford rep Low carbon Hub Hub portfolio 13/14 Hub portfolio holder holder on appointed by GMCA/AGMA GMCA/AGMA
Standards 4 GMCA 1 year As required City Mayor Leader/Elected Committee members Mayor appointed by GMCA
Business 4 GMCA reps City Mayor Leader/Elected Growth appointed by Mayor Trade and GMCA Inward Investment Board (this has merged with the Marketing Manchester Board) Manchester 4 GMCA reps 1 year Bi-monthly No Salford rep Solutions appointed by 13/14 Board GMCA
Skills and 4 GMCA reps 1 year Bi-monthly Cllr Merry Leader/Elected employment appointed by Mayor or skills Partnership GMCA and employment portfolio holder
GM 5 reps across 1 year 6 monthly (not No Salford rep Usually Accessible GM met in 12/13) 13/14 Leader/Elected Transport appointed by Mayor GMCA Halle Board 2 reps across 1 year 10 meetings No Salford rep Leader/Elected GM 13/14 Mayor appointed by Chief Exec. GMCA/AGMA
8 Body Composition Lengt Meeting Appointments Skills/Role of h of Requirements made in nominee Term 2013/14 Peoples 1 rep across 1 year Quarterly Cllr Antrobus Charity trustee History GM role Museum appointed by GMCA/AGMA
Regional 3 GMCA reps 1 year Bi-monthly No Salford rep Leader/Elected Leaders appointed by 13/14 Mayor Board GMCA
Atlantic 1 rep across 1 year Quarterly City Mayor Lead/Elected Gateway GM Mayor Board appointed by GMCA Plus rep from GM LEP Christie 1 rep across 3 years No Salford rep Expected to Hospital GM serve until NHS appointed by 2016 Foundation GMCA/AGMA Trust – Council of Governors
9 APPOINTMENTS TO OUTSIDE BODIES - SALFORD CITY COUNCIL 2013 / 2014
NON AGMA APPOINTMENTS
BODY Nominations for 2013/14 CONDITIONS OF APPOINTMENT 1. Local Government City Mayor Annual report to 1 Association Councillor Lancaster Council Councillor Merry
2. LGA Urban Cllr Ferguson Current reps will IU Commission Cllr Ord continue unless LGA is notified otherwise 3. LGIU Cllr Lancaster Current rep will L continue unless LGIU is notified otherwise 4. City West Board Councillor Dawson (spokesperson) Report to Council Councillor M Wheeler on a quarterly Councillor Kean basis Councillor Brocklehurst (no voting rights) Councillor Cllr R Garrido 5. SALIX Parent Board Councillor Clague Report to Council Councillor Connor twice per year Councillor J Murphy 1 Vacancy 6. Windsor and Albion Councillor Dennett Annual Report to Tenant Management Council 7. Booth Charities City Mayor (Ex-Officio member) Report to Council 2 Deputy City Mayor twice per year Councillor Dobbs Councillor Pennington
8. Centre for Local Councillor Jones Annual report to 3 Economic Strategies Council 9. City of Salford Relief of Ceremonial Mayor Annual report to 7 Distress Fund Deputy Ceremonial Mayor Council Councillor Hinds, Councillor Ord 1 Governing Body of Councillor Kelly Annual report to 0. Salford Royal Hospital Council 9 NHS Foundation Trust 1 Manchester Airport plc City Mayor Annual report to 1. - Shareholders Cttee Council
10 BODY Nominations for 2013/14 CONDITIONS OF APPOINTMENT 1
1 Groundwork Councillor Mcintyre Annual report to 2. Manchester, Salford, Council 1 Stockport, Tameside & Trafford 1 North West Employers Councillor Dennett Annual report to 3. Organisation Councillor Boshell Council 1
1 Salford Centre for the Councillor Balkind Annual report to 4. Unemployed Councillor Hinds Council 1 Councillor Ferguson
1 Salford Council for Councillor Mashiter Annual report to 5. Voluntary Service - Councillor Kelly Council 1 Executive Committee
1 Salford Foyer Governance model to be reviewed Annual report to 6. Management Board Council 1
1 Stadium Joint Venture Deputy City Mayor Annual report to 7. Company Strategic Director Environment and Council 2 ( Directorships) Community Safety - Ben Dolan
1 Manchester Science City Mayor, Alternate Director, Annual report to 8. Park Development Director Karen Hirst Council 2 ( Directorship)
1 Children and Young Assistant Mayor for Children’s Annual report to 9. Persons Trust Board Services Council Assistant Mayor for Learning Skills and Employment 2 Salford College Strategic Assistant Mayor Annual report to 0. Governing Body Learning, Skills and Employment Council 2 (Corporation Member)
2 Cityco City Mayor Annual report to 1. Alternate Director, Development Council 2 Director Karen Hirst
2 Trinity ICP City Mayor Annual report to 2. Development Director, Karen Hirst Council 2
2 The Landing at City Mayor, Chair (alternate - Annual report to 3. MediaCityUK Limited Deputy City Mayor) Council 11 BODY Nominations for 2013/14 CONDITIONS OF APPOINTMENT 3 Neil Thornton, Chief Financial Officer Karen Hirst, Development Director
2 University of Salford Councillor King 4. Assembly Councillor Potter 3
2 Manchester Port Councillor E Burgoyne 5. Health Authority Councillor Peter Connor 3 Councillor Adrian Brocklehurst Councillor Joe Murphy 2 General Assembly of Councillor Pennington 6. the University of 3 Manchester
2 Communities Forest Councillor Antrobus 7. Trust Board
2 Salfordian Trust Councillor Hinds Annual Report to 8. 1 Opposition Vacancy Council
2 Territorial Army Councillor Balkind 9. Volunteer Councillor Compton 1 Vacancy 3 The Lowry Centre Deputy City Mayor Annual Report to 0. Trust Councillor Hinds Council Barbara Spicer, Chief Executive 3 Bridgewater Canal Councillor Pennington 1. Trust
12 Appendix 2
THE LOCAL AUTHORITIES (INDEMNITIES FOR MEMBERS AND OFFICERS) ORDER 2004
Indemnity Policy
Terms of Indemnity
1 The Council will, subject to the exceptions set out below, indemnify each of its councillors and officers against any loss or damage suffered by the councillor or officer arising from his/her action or failure to act in his/her capacity as City Mayor , Councillor or officer of the authority.
This indemnity will not extend to loss or damage directly or indirectly caused by or arising from: a) any criminal offence, fraud or other deliberate wrongdoing or recklessness on the part of the councillor or officer; b) any act or failure to act by the City Mayor, Councillor or employee otherwise than in his/her capacity as a councillor or officer of the authority, or c) failure by the City Mayor or Councillor to comply with the authority’s Code of Conduct for Councillors.
2 The Council will, subject to the exceptions set out below, indemnify the City Mayor and each of its councillors and officers against the reasonable costs which he/she may incur in securing appropriate legal advice and representation in respect of any civil or criminal proceedings or Part 3 proceedings (see below) to which he/she is subject.
a “Criminal proceedings” includes any interview or investigation by the Police, and any proceedings before a criminal court, in the United Kingdom.
b “Part 3 proceedings” means any investigation or hearing in respect of an alleged failure to comply with the authority’s Code of Conduct for Councillors under Part 3 of the Local Government Act 2000 (potential liability to suspension/disqualification).
c This indemnity will not extend to Part 3 proceedings where the allegation has been referred to the Monitoring Officer for local investigation and/or determination by the Standards Committee. d This indemnity shall not extend to any advice or representation in respect of any claim or threatened claim in defamation by the councillor or officer.
D:\Docs\2018-04-07\05976e914eca23ae647d55eef2f77d78.doc e The City Mayor, Councillor or officer must have acted in good faith.
3. Where the City Mayor, Councillor or officer avails him/herself of this indemnity in respect of defending him/herself against any criminal or civil proceedings or Part 3 proceedings, the indemnity is subject to a condition that if, in respect of the matter in relation to which the councillor or officer has made use of this indemnity –
a the City Mayor, Councillor or officer is convicted of a criminal offence in consequence of such proceedings; or
b a Case Tribunal or the Standards Committee determine that the councillor has failed to comply with the Code of Conduct for Councillors or the City Mayor or councillor admits that he/she failed to comply with the Code,
c and in either of the above cases the conviction or determination is not overturned on appeal, the City Mayor, Councillor or officer shall reimburse the authority for any sums expended by the authority pursuant to the indemnity.
d Where the Council arranges insurance to cover its liability under this indemnity; the requirement to reimburse in Paragraph 3.2 shall apply as if references to the authority were references to the insurer.
4. For the purpose of these indemnities, a loss or damage shall be deemed to have arisen to the councillor or officer “in his/her capacity as a councillor or officer of the authority” where:
a The act or failure to act was outside the powers of the Council, or outside the powers of the councillor or officer, but the councillor or officer reasonably believed that the act or failure to act was within the powers of the authority or within the powers of the councillor or officer (as appropriate) at the time that he/she acted or failed to act, as the case may be;
b The act or failure to act occurred in the discharge of the functions of the City Mayor, Councillor or officer of the Council and/or in their capacity as a councillor or employee of another organisation, where the councillor or officer is, at the time of the action or failure to act, a councillor or employee of that organisation either –
i. in consequence of his/her appointment as such City Mayor, councillor or officer of that organisation by the Council; or
D:\Docs\2018-04-07\05976e914eca23ae647d55eef2f77d78.doc ii in consequence of his/her nomination for appointment as such City Mayor, Councillor or officer of that organisation by the Council; or iii. where the Council has specifically approved such appointment as such a City Mayor, Councillor or employee of that organisation for the purpose of these indemnities.
5 The Council undertakes not to sue (or join in action as co-defendant) a councillor or an officer of the Council in respect of any negligent act or failure to act by the councillor or officer in his/her capacity as a councillor or an officer of the Council, subject to the following exceptions:
a Any criminal offence, fraud or other deliberate wrongdoing or recklessness on the part of the councillor or officer; or
b Any act or failure to act by the councillor or officer otherwise than in his/her capacity as a councillor or officer of the authority.
6 These indemnities and undertaking will not apply if a City Mayor, Councillor or officer, without the express permission of the Council or of the appropriate officer of the Council, admits liability or negotiates or attempts to negotiate a settlement of any claim falling within the scope of this indemnity.
7 These indemnities and undertaking are without prejudice to the rights of the Council to take disciplinary action against an officer in respect of any act or failure to act.
8 These indemnities and undertaking shall apply retrospectively to any act or failure which may have occurred before 21st September, 2011 and shall continue to apply after the councillor or officer has ceased to be a councillor or officer of the authority as well as during his/her term of office or employment by the authority.
9 The City Mayor, Councillor or officer shall have a duty to inform the Council’s Monitoring Officer immediately he/she becomes aware of any claim or potential claim against the Council or any circumstances likely to result in any financial loss to the Council, and will follow the advice of the Monitoring Officer and the City Treasurer.
10 The City Mayor, Councillor or officer shall also be under a duty to co-operate with and assist the Council in the conduct of any legal proceedings to which the indemnity relates including, where required, giving evidence.
11 The indemnity shall not apply to cover acts or omissions carried out by a City Mayor, Councillor as a result of him/her obtaining a position on an outside body in a personal capacity without the Council making the appointment.
D:\Docs\2018-04-07\05976e914eca23ae647d55eef2f77d78.doc 12 The indemnity does not extend to any fine imposed upon a councillor personally by any court or any award made against a City Mayor, Councillor personally by a Court or a Tribunal.
D:\Docs\2018-04-07\05976e914eca23ae647d55eef2f77d78.doc