Oldham Borough Council
Council Meeting Wednesday 23 October 2013
OLDHAM BOROUGH COUNCIL
To: ALL MEMBERS OF OLDHAM BOROUGH COUNCIL, CIVIC CENTRE, OLDHAM
Tuesday, 15 October 2013
You are hereby summoned to attend a meeting of the Council which will be held on Wednesday 23 October 2013 at 6.00 pm in the Council Chamber, Civic Centre, for the following purposes:
Open Council
1 Questions to Cabinet Members from the public and Councillors on ward or district issues
(20 minutes for public questions and 20 minutes for Councillor questions)
Formal Council
2 To receive apologies for absence
3 To order that the Minutes of the meeting of the Council held on 11th September 2013 be signed as a correct record (Pages 1 - 28)
4 To receive declarations of interest in any matter to be determined at the meeting
5 To deal with matters which the Mayor considers to be urgent business
6 To receive communications relating to the business of the Council
7 To receive and note petitions received relating to the business of the Council (Pages 29 - 30)
(time limit 20 minutes)
8 Outstanding Business from the previous meeting
(time limit 15 minutes).
1. Councillor Heffernan to MOVE and Councillor Hindle to SECOND
Oldham Council notes and welcomes the recent action by the Office of Fair Trading to regulate the actions of ‘legal loan sharks’. This Council believes that unaffordable credit is socially and economically damaging, extracting wealth from the most deprived communities in our town and causing a myriad of unwanted effects such as poorer diets, colder homes, rent, council tax and utility arrears, depression and poor health. Much of this credit is provided by doorstep lenders, log book loan shops and pay day loan shops and websites, all of which are legal yet charge exorbitant rates of interest. This Council resolves to: - Ask Overview and Scrutiny Board to examine whether Oldham Council should take a similar stance to other Councils in banning links to the websites of doorstep lenders, log book and payday loan companies from public computers located in libraries, community centres, youth clubs and other Council offices. - Ask the Chief Executive to write to the relevant Government minister calling upon the government to: • Implement as soon as possible legislation to cap the total lending rates that can be charged for providing credit. • Provide local authorities with the power to veto licences for high street credit agencies where they could have a negative economic or social impact on host communities. • Recognise the gap in the market for short-term loans at reasonable interest rates, and work with mainstream lenders to promote the development of suitable products. - Ask the Chief Executive to write to the three local Members of Parliament seeking their support for the Council’s position and to make similar representations to government.
9 Youth Council
(time limit 20 minutes)
The Oldham Youth Council priority campaign of unemployment has been active for 18 months, throughout this campaign work experience has been an issue consistently highlighted by the young people we have consulted. In July 2013 the employability leads organised the YOU event in partnership with Unity. This was a focussed consultation event with young people from across Oldham that aimed to explore what young people feel are the barriers they face to gaining employment and what Young people feel they can do to be better able to move into the world of work. Furthermore as part of the UK Youth Parliament make your mark ballot, we consulted nearly 7,000 young people in Oldham and found that work experience was voted the fourth most important issue out of 15. This reinforces that young people in Oldham strongly believe that the lack of work experience must be acted upon. In September 2012 the Government removed the statutory duty on schools to provide work related learning at Key Stage 4, including work experience. This has lead to some schools in Oldham no longer offering work experience at all, or only offering limited opportunities. Young people have told us that lack of experience is the single biggest reason they are given for not getting a Job. Many young people expressed frustration and concern that they need experience to get a job but can’t get experience without a job. The solution is quality work experience while still in education. We believe that work experience must be of a higher standard and available in all schools and academies, in order to combat the youth unemployment issue in our borough. We propose that there is a scrutiny review of work experience offered across Oldham and that this is used to influence schools to reinstate a quality work experience offer to young people at Key Stage 4. 10 Leader and Cabinet Question Time
(time limit 30 minutes – maximum of 2 minutes per question and 2 minutes per response)
11 To note the Minutes of the meetings of the Cabinet held on the undermentioned dates, including the attached list of urgent key decisions taken since the last meeting of the Council, and to receive any questions or observations on any items within the Minutes from Members of the Council who are not Members of the Cabinet, and receive responses from Cabinet Members (Pages 31 - 34)
(time limit 20 minutes) :-
a) 29 th July 2013
12 Notice of Administration Business
(time limit 30 minutes)
1. Councillor Moores to MOVE and Councillor Shuttleworth to SECOND
The Conservative Government recently announced a series of proposals regarding parking rules and regulations. These proposals include “banning static CCTV parking cameras and car mounted cameras, instead allowing only visible traffic wardens to film vehicles”. Inconsiderate and dangerous parking is something we all have experience of. Residents who live close to schools are plagued by car drivers who think that they have an automatic right to park their car as close as possible to the school gates; these drivers are lacking in common courtesy and have little respect for other road users. When used appropriately, CCTV equipment - both static and car mounted -plays a vital part in the enforcement of parking restrictions that have been put in place to prevent accidents, maintain traffic flow and to prevent local residents being inconvenienced. It is of considerable concern to this Council that any changes to the law limiting the use of static and mobile CCTV equipment will have a detrimental effect on parking enforcement activities, particularly around schools. This council resolves: • to write to the Communities Secretary Eric Pickles and Transport Secretary Patrick McLoughlin, asking them to reconsider the proposal to ban the use static and car mounted CCTV cameras;
• to write to the three local MPs asking them to support OMBC’s position that static CCTV and car-mounted parking cameras are a legitimate enforcement tool.
2. Councillor McMahon to MOVE and Councillor Sykes to SECOND
This council notes • that England is now widely recognised to be the country with the most centralised system of government in Europe; • that devolution has brought decisions about tax and spending, and the quality of public services, closer to voters in Scotland and Wales, while English voters have not gained comparably greater influence over decision-making that affects their taxes and services; and considers • that the likely scale of change in how public services are funded and provided makes it democratically unsustainable for those changes to be decided within the existing over-centralised model; • that services need to be reformed and integrated across local agencies to enable them to prevent problems rather than picking up the pieces;
• that voters should be given back a meaningful say on a wider range of tax and spending decisions, through place-based budgetary arrangements, the abolition of the discredited Barnett formula and the reinstatement of fair financial distribution agreed among English councils, the re-creation of a municipal bond market, and the certainty of multi-year funding settlements for the life of a Parliament;
• that central government should enable that local decision-making by joining up and reducing in size Whitehall departments in order to facilitate local place-based budgets, by reducing Ministers’ powers to intervene in local decisions, and replacing bureaucratic tick-box inspection regimes with local service users champions; and
• that such a new more mature settlement between central and local government should be put beyond future revision by giving formal constitutional protection to local democracy; and and resolves • to support the Local Government Association’s Rewiring Public Services campaign, which embodies these objectives; • to ask the borough’s Members of Parliament to support the Rewiring Public Services campaign to improve local voters’ influence over services, tax and spending; and
• to ask the Chief Executive of the Council to write to the Secretary of State to make the council’s position on this issue clear .
3. Councillor Jabbar to MOVE and Councillor Wrigglesworth to SECOND
This council notes • that Oldham residents are currently being contacted by companies offering to have their Council Tax valuation band lowered for a substantial fee;
• that this service is in fact already available free of charge from the Manchester Valuation Office Agency;
• that the Manchester Valuation Office Agency is signposted on the Council Tax section of Oldham Council’s website, but;
• that many residents who are unaware of this free service may be persuaded to part with their money unnecessarily.
And resolves • to continue in its financial exploitation awareness-raising campaigns;
• to further promote the work of the Manchester Valuation Office agency through the Oldham Council website, Borough Life magazine, social media and Neighbourhood Teams
13 Notice of Opposition Business
(time limit 30 minutes)
1. Councillor Blyth to MOVE and Councillor J. Dillon to SECOND
This Council recognises the courage and dedication of the men, women and animals of our mountain rescue services. In many locations in the UK, they provide an invaluable service to many people who find themselves in need on our nearby hills and mountains. Locally, many motorists, walkers and climbers owe a debt of gratitude to volunteers from the Oldham Mountain Rescue Service who have risked life and limb to help others, sometimes in treacherous conditions. This service is reliant upon voluntary public donations, yet unhelpfully at present they have to pay VAT on supplies. In February 2010, Council unanimously passed a resolution calling upon the Government to exempt the Oldham Mountain Rescue Service from VAT. This Council again reiterates its position that these invaluable services should be exempt from VAT and resolves that the Chief Executive:
- Write to the Chancellor of the Exchequer requesting a VAT exemption be put in place as soon as possible
- Write to the Borough’s three MPs asking them to support the Council’s position
2. Councillor Sedgwick to MOVE and Councillor Roughley to SECOND
This Council recognises that winter represents a time when, with the onset of bad weather, the elderly, disabled and vulnerable residents of our borough can become trapped in their homes. Council recognises the merit of the approach adopted by other local authorities, who have asked active citizens to sign up to be ‘snow angels’. Participants are provided with snow shovels, gloves and grit, and they pledge to clear the pathways in their area and check upon their neighbours to offer help. This low-cost approach completely resonates with Oldham Council’s commitment to become a more co-operative borough; accordingly Council resolves to ask Overview and Scrutiny Board to establish the dynamics of such a scheme and to work with local District Executives, Parish Councils and local corporate sponsors to make the scheme a reality in every part of the borough in time for the onset of winter.
3. Councillor Beeley to MOVE and Councillor Thomson to SECOND
In 2012-13, self-build schemes delivered almost 11,000 new homes in the UK in an industry worth approximately £4 billion to the nation’s economy. The Government has just announced an initiative, backed by £65 million in grant funding, to support those on lower incomes to self-build. This Council resolves to ask the Overview and Scrutiny Board to:
• identify the measures that this Council can adopt to support the self-build initiative
• and to assist local groups looking to self-build to access Government funding
14 To note the Minutes of the following Joint Authority and Oldham Partnership meetings and the relevant spokespersons to respond to questions from Members (Pages 35 - 88)
(time limit 15 minutes):-
Unity Partnership Board 18 th June 2013
Greater Manchester Waste Disposal 14 th June 2103 Authority Association of Greater Manchester 30 th August 2013 Authorities Executive Greater Manchester Combined 30 th August 2013 Authority National Park Authority 5th July 2013 Greater Manchester Integrated 12 th July 2013 Transport Authority Greater Manchester Fire and Rescue 5th September 2013 Authority
15 Co-operative Annual Report 2013: From Co-operative Intent to Co-operative Delivery - Report of the Deputy Chief Executive (Pages 89 - 116)
16 Improving the quality and experience of our Town Centres - Report of Executive Director Neighbourhoods (Pages 117 - 124)
17 Treasury Management Review 2012/13 - Report of the Borough Treasurer (Pages 125 - 146) 18 Committee Changes, Election 2014 and Municipal Diary 2014/2015 – Report of the Borough Solicitor (Pages 147 - 162)
19 Chief Officer Remuneration – Managing Director for the Unity Partnership - Report of the Chief Executive (Pages 163 - 166)
20 Revised Officer Code of Conduct - Report of Deputy Chief Executive (Pages 167 - 222)
21 Scrutiny Review: Welfare Reform - Report of the Overview and Scrutiny Board (Pages 223 - 230)
22 Scrutiny Workshop: Oldham Residency Requirements for Council Job Vacancies - Report of Overview and Scrutiny Workshop (Pages 231 - 246)
23 Update on Actions from Council (Pages 247 - 258)
NOTE: The meeting of the Council will conclude 3 hours and 30 minutes after the commencement of the meeting.
Charlie Parker Chief Executive
PROCEDURE FOR NOTICE OF MOTIONS NO AMENDMENT
MOTION – Mover of the Motion to MOVE
MOTION – Seconder of the Motion to SECOND – May reserve right to speak
DEBATE ON THE MOTION: Include Timings
MOVER of Motion – Right of Reply
VOTE – For/Against/Abstain
Declare outcome of the VOTE
RULE ON TIMINGS PROCEDURE FOR NOTICE OF MOTIONS (a) No Member shall speak longer than five minutes on any Motion or Amendment , or by way of question,WITH AMENDMENTobservation or reply, unless by consent of the MembersPROCEDURE of the Council FOR NOTICEpresent, hOFe/she MOTIONS is allowed an extension, in which case only one extension of One Minute shall be allowed. WITH AMENDMENT
(b) A Member replying to more than question will have up to five minutes to reply to each question. WITH AMENDMENT
MOTION – Mover of the Motion to MOVE
MOTION – Seconder of the Motion to SECOND – May reserve right to speak
AMENDMENT – Mover of the Amendment to MOVE
AMENDMENT – Seconder of the Amendment to SECOND
DEBATE on the Amendment For Timings - (See Overleaf)
AMENDMENT – Mover of Original Motion – Right of Reply
IF LOST –Declare AMENDMENT – Mover of Amendment – Lost Right of Reply
VOTE ON AMENDMENT ONLY – Call for any debate For/Against/Abstain – CARRIED/LOST on Original Motion and then Call upon Mover of Original IF CARRIED – Declare Carried Motion – Right of Reply Call for any debate on Substantive Motion as Amended and then Call upon Mover of Original Motion – Right of Reply VOTE – On Original Motion – For/Against/Abstain VOTE – ON SUBSTANTIVE MOTION as amended - For/Against/Abstain
Declare outcome of Declare Substantive Motion as amended the Vote Carried/Lost This page is intentionally left blank Agenda Item 3 COUNCIL 11/09/2013 at 6.00 pm
Present: The Mayor – Councillor Hudson
Councillors Akhtar, Alcock, Alexander, Azad, M Bashforth, S Bashforth, Battye, Beeley, Blyth, Briggs, Brownridge, A Chadderton, O Chadderton, Chauhan, Dawson, Dean, Dearden, J Dillon, P Dillon, Fielding, Garry, Haque, Harkness, Harrison, Heffernan, Hibbert, Hindle, Houle, Hussain, Iqbal, Jabbar, Judge, Malik, McCann, McDonald, McMahon, Moores, Newton, Price, Qumer, Rehman, Roughley, Salamat, Sedgwick, Shah, Sheldon, Shuttleworth, Sykes, Thompson, Toor, Ur- Rehman, Williamson, Williams and Wrigglesworth
1 QUESTIONS TO CABINET MEMBERS FROM THE PUBLIC AND COUNCILLORS ON WARD OR DISTRICT ISSUES The Mayor advised the meeting that the next item in Open Council would be Public Question Time. Questions had been received from members of the public and would be taken in the order that they had been received. If the questioner was not present then the question would appear on screen in the Council Chamber.
The following questions had been submitted:
1. Question received from Mr Stephen Barrow
“I am sure that members of this Council and cyclists across the Borough will welcome news that Liberal Democrat Transport Minister Norman Baker has approved £20 million to improve, and make safer, cycling routes across Greater Manchester, with a further £5 million being made available to carry out similar work in the Peak District National Park, which includes parts of Saddleworth. This represents part of a massive £150 million investment that this Government is making available to improve cycling and public transport. I trust that the Cabinet Member for Transport will recognise that this announcement represents a tremendous chance to secure funding to improve cycling facilities for the people of Oldham. As a keen supporter of cycling and its benefits, I want to ensure that Oldham receives its fair share of this money so I hope that this Council will be open to working with cyclists in the Borough to develop a robust bid for funding. In the past, such consultation would have been carried out through the Oldham Cycle Forum, which I chaired when a member of this Council, and which was abolished on the change in administration. Here is my question. Will the Cabinet Member for Transport agree to reform the Oldham Cycle Forum to look to put a bid together as soon as possible? Page 1
My fear if he does not is that Oldham may get nothing from this investment instead of facilities that will benefit our borough’s cyclists.“
Councillor Hibbert Cabinet Member for Environment and Housing gave the following response:
“This announcement of £20m Cycle Ambition Grant for Greater Manchester is very recent but Oldham has been actively involved in the bidding process with Transport for Greater Manchester for many months
Oldham has already secured £350k of the funding plus there is an opportunity for Oldham schools to bid for up to £100k each as part of a £1m cycling educational programme
The funding won by Greater Manchester will be used to build a series of high quality cycle lanes that will lead from Manchester city centre out to the M60 - like spokes of a bicycle wheel. Each spoke will have a Cycle and Ride station located several miles from the city centre, allowing cyclists to leave their bikes and swap onto Metrolink or a local rail service for the last leg of their journey if they wish.
Oldham’s funding will be used to provide complementary cycle facilities in the Hollinwood area, create complementary cycle tracks and the introduction of cycle crossing facilities at signal junctions around the M60/A62 hub.
This £20m programme is just the first phase of a much more ambitious plan called Velocity 2025 which will see the cycle network across GM improve significantly. This first phase concentrated on the area within the M60 ring road which was why Hollinwood has benefited first. Future phases will focus on other parts of the Borough.
Whilst the cycling forum no longer meets, our Officers are in regular contact with cycling groups who help us to keep our Oldham Cycle Masterplan up to date. This regular contact has paid off because Oldham has won significant funds to improve cycling networks in recent years.
I have sent a written comprehensive reply to the previous chair of the cycling form detailing these awards.”
2. Question received from June Wilde
“I received a threatening and hurtful letter recently from the Council Tax Office titled Single Occupancy Allowance. This anonymous letter included the words: “We have reason to believe that your circumstances have changed”. No reason or reasons were given.
This wording implies that both I and other recipients of this letter have been lying about their circumstances. This upset me and incensed me to such a degree that I wrote to Councillor Abdul Page 2
Jabbar, the Cabinet Member for Finance. I have yet to receive a reply.
For the record, as stated in my letter, I am a conscientious, honest and upstanding member of the community – if my circumstances had changed I would have come forward to tell the Council Tax Office, without the need to send me such a letter.
For most of my life – I am 73 – I have helped others in my community by carrying out voluntary work with local charities such as Bereavement Support, MENCAP, Cancer Support and the Stoma Group. I also play my part in the fight against crime by being active in my local Home Watch Scheme.
In my working life, I was an Administrative and Customer Service Manager. I would have been horrified if any member of my team had even attempted to send an anonymous letter with such wording to a customer.
I would like to ask Councillor Jabbar tonight to offer me and the other recipients of this letter a personal apology for the hurt and upset caused, and to instruct his officers to ensure that future letters of this nature are written in such a way that they are not accusatory and that they contain the name and telephone number for an officer that a member of the public can contact with any enquiries.”
Councillor Jabbar, Cabinet Member for Finance, gave the following response:
In this case the removal of the discount was correct; however it would not be appropriate to discuss personal information in this forum. I understand the lady in question has already been issued with a written response to her complaint which outlines the reason why the letter had been issued but would be happy to meet with her to discuss her individual issues. The Mayor requested that Council be informed of the outcome.
3. Question received from Parish Councillor Dave Murphy
“At Oldham Pride 2013 I attended at hard hitting, entertaining, funny with a serious message performance about homophobia by the Pink Triangle Theatre Company, the event was attended by Councillors from both sides of the Council Chamber, I was disappointed to hear that not one of Oldham's Secondary Schools have taken advantage of seeing this performance.
What will and is the administration doing to tackle homophobia in secondary schools in the borough of Oldham?, and Will the Leader instruct his office to write to Oldham Schools encouraging them to work with the Pink Triangle Theatre Company to perform in their School.”
Councillor Amanda Chadderton, Cabinet Member for Education, Employment and Skills, gave the following response: Page 3
“Oldham Council takes the issue of homophobia in schools very seriously and works closely with schools to support them on this issue. However it is the schools’ responsibility to devise the most appropriate approach to meet the needs of their students and tackle any issues directly.
Currently Oldham Council is part of the Stonewall’s Education Champions programme, they provide and signpost resources to schools; commission conferences and workshops; circulate flyers, provide access to counselling services and also follow up any report about bullying in schools. We will also support schools to develop materials for a local LGBT history resource and put training sessions in the calendar as a standard training item. Although the Leader cannot endorse a single company he will ask that officers continue to encourage schools to take advantage of all the resources available to them and signpost any resource that is brought to their attention.”
4. Question received from Muriel Osbaldeston
“Throughout the summer Royton, Shaw, Failsworth, Hollinwood, Lees and Saddleworth have been awash with beautiful flower displays and barrier planters. The gardeners are to be congratulated for such a marvellous display. The poor relations in Moorside, Watersheddings, Waterhead, Higginshaw and Glodwick have unfortunately not had the benefit of such beautiful displays. There were no flowers in Derker either, but all the vacant sites that are in Council ownership were covered in weeds and nettles in some cases these weeds were over 5 feet high. In fact a complete eyesore;The complete opposite of other parts of the town. These sites have remained unmaintained and overgrown for most of the summer, the dandelions that have flourished have self seeded in our gardens and kerbsides all this neglect has combined to make the area look like a wilderness and totally forgotten. Could I therefore ask the council what steps they propose taking to remedy this situation and to ensure that a proper maintenance programme is in place next year to be carried out by the professionals and in a correct manner using the correct equipment?
After all Derker folk pay council tax as well as other people in the town.”
Councillor Stretton, Cabinet Member for Cooperatives and Neighbourhoods gave the following response:
“The success of the Bloom and Grow team over recent years has been amazing, a credit to the Borough, with a national award last year and this year yet again they have been nominated to receive a prize at the annual awards ceremony. The route each year has been chosen to include different areas Page 4 of the Borough running through from the town centre to the districts. The work each year is much wider than the visual impact of the flower beds and extends to close working with residents and local communities to ensure a longstanding sustainable legacy. This work is undertaken very much with communities and is in line with our Councils approach to co operative working.
Communities taking on a role to develop an area can also be supported by their local District Partnerships who can chose to allocate funds to support local improvement initiatives and frequently do so . However there are sites that given the current financial pressure facing the Council are inevitably not maintained to this standard. A number of sites being impacted on by longer term regeneration proposals, as demonstrated by the house building programme in the Derker area, again presenting a sustainable future for our communities.”
5. Question received from Ian Wolstenholme
“Is it reasonable for council tax payers who have an ongoing agreed method of paying this bill monthly and not in any arrears, to be issued with a 14 day Bailiff Notice?”
Councillor Jabbar, Cabinet Member for Finance,gave the following response:
The issue is if a Council Tax payment is missed on the due date you will be liable to be issued with a summons. A 14 day bailiff notice is issued following the award of a liability order by the Magistrates Court. An application for a liability order will only be made where payments have not been made in line with the payment dates for Council Tax. For those taxpayers not paying their instalments by direct debit this means that the payment must be made on the 1st of each month. Where the payment is not received on the due date a reminder will be issued and where payment is still not received a court summons will be issued.
6. Question received from Ian Wolstenholme
“What does the council believe to be a reasonable amount of time to respond to customer emails?”
Councillor Jabbar, Cabinet Member for Finance,gave the following response:
Emails sent to generic email addresses such as counciltax@oldham,gov.uk or [email protected] should receive an email to acknowledgement of the receipt of their enquiry straight away. For those email addresses handled by the Contact Centre this financial year we have responded to 99.82% of email enquires within 24 hours. Page 5
Our corporate standards say we will aim to respond to all emails within 10 working days, though wherever possible we aim to exceed this target.”
7. Question received from Ste Aspinall via email
“Can anyone explain what is happening with the units that were being built on Vulcan Street? At the moment there is a skeleton frame and no work has been done on completing the rest of the fabric of the building for over 2 years now. They are now just eye sores. How can any one get planning permission to convert the old offices for the Slumberland mill site on Vulcan Street in to flats? There is no parking available for the current residents and now a builder has permission to build four flats? Where is the parking for the flats?”
Councillor Hibbert, Cabinet Member for Environment and Housing gave the following response:
“The units in Vulcan Street were being built speculatively by a private developer, however the impact of the economic downturn has meant that work has presently stalled. It is hoped that things will improve and development will start again once prospective tenants are found for the buildings. The building you refer to is currently subject to a planning application, as such I have passed your comments onto the relevant officer who will consider them as part of the assessment of the proposal. However, you may wish to comment directly on the application and this can be done in writing to Development Management at the Civic Centre.”
8. Question received from Andrew Robinson via email
“It has been brought to the attention of Parents of Oldham in touch,that the Carers Individual Budget is to be withdrawn next year. As you are aware, Carers save Oldham Local Authority a significant amount of money annually Please can you clarify the proposed changes that will be made to this vital funding and when they will be implemented for carers across our borough?”
Councillor Brownridge, Cabinet Member for Social Care and Public Health gave the following response:
“The Council recognises the tremendous support provided by family members in caring for loved ones who are seriously ill or disabled.
Oldham is only one of a handful of Councils in the country that provides cash help to carers, and it has proved very popular, with some 1500 carers receiving a payment. We introduced Carers Individual Budgets in 2011 to encourage carers to come forward and get help from the Council to cope with the pressures of being a carer and crucially get information about Page 6 carer support groups in the town, and local and national charities.
Budgets are under pressure but I am very pleased to inform Council that our partners at Oldham NHS Clinical Commissioning Group have agreed to jointly fund Carers Individual Budgets, because they too appreciate the invaluable support provided by carers to improving health and well-being.
As a consequence, we will be able to resume payments straightaway and we hope to further increase the numbers of carers getting this support.”
9. Question received from Andrew Robinson via email
Tendering process with Oldham Council for delivery of services - As a Voluntary organisation, Parents of Oldham in Touch have recently been through a tendering process to provide services in Oldham via the Oldham Council tendering process. As a Voluntary Organisation, our submission reflected the Governments initiative to place more services in the control of community and voluntary organisations. Our application was unsuccessful on the grounds that you do not recognise Voluntary and Community organisations as a suitable business framework and as such we would not meet the current commissioning requirements in Oldham. Please can you explain your reasons for this and confirm to the wider Voluntary and Community Sector in Oldham how you will seek to rectify this?
Councillor Harrison, Cabinet Member for Commissioning and Public Sector Reform gave the following response:
“Oldham Council encourages bids for contracts from all sectors of the local economy and has contractual arrangements in place with many voluntary and community sector organisations for the delivery of services, and greatly values the contributions made by the voluntary and community sector to the delivery of the Council's commissioning priorities.
To comply with public procurement regulations, and to provide assurance of business continuity and sustainability, we do have to undertake a series of due diligence checks on all tender applications, including ensuring an organisation has appropriate insurance cover, that data is handled in accordance with the principles of the Data Protection Act 1998, and that relevant policies and procedures are in place. All of these checks form part of the tender application process.
The Council pro-actively works with organisations from all sectors to help them understand our tendering requirements and how to bid for contracts, and routinely offers feedback sessions to unsuccessful bidders to help them understand how future bids could be improved.”
Page 7
At this point in the meeting the Mayor advised that the time limit for Questions from members of the Public had expired.
The following questions were submitted by Councillors on Ward or District matters:
1. Councillor Heffernan to Councillor Steve Bashforth
“I am extremely disappointed that this administration has recently chosen to introduce a minimum fee of £40 payable by charities and community groups intending to hold fundraising events. I am the Chairman of the Macmillan Cancer Support Saddleworth Fund-raising Group, a charity that has raised more than £100,000. Events such as flea markets help raise money to alleviate the suffering of cancer patients and provide them with a range of support services at a time when they (and their families) are facing serious (or sometimes fatal) disease. My concern is that these charges will significantly reduce – or wipe out – the profit that many of these community events make, ‘profit’ in name only as the money is used to alleviate suffering, poverty or other disadvantage. These arbitrary charges – which are now being called Oldham’s Charity Tax - surely represent in no way the actual cost of issuing the licence to the event organisers. They represent both a slap in the face for hard-working charity volunteers doing the best they can to raise money for worthy causes, and an example of how sometimes this Council acts in a way that in not co- operative. Can I please therefore ask, on behalf of the many Macmillan fundraisers, the fundraisers for other organisations, the relevant Cabinet Member to take another look at this fee to see if there is any way for it to be waived or reduced?”
Councillor Steve Bashforth, Deputy Cabinet Member for Neighbourhoods (Policing), gave the following response:
“In terms of the new fees structure for licences for car boot sales and market and the potential impact upon voluntary and community organisations this is not a decision that was taken lightly but, as you will be aware, there are costs to the council in administering applications to run this type of event. There are also costs associated with trading standards activity which mean that the council can properly ensure that consumers are properly protected. Previously we have exempted charitable and not-for profit organisations but unfortunately, given the scale of cuts imposed on the council by Central Government we have to cover these costs. Each venue is charged a fee of £40, which allows up to 20 stalls. The organisers can choose how to pass this cost on to the participating stall holders. If an event held has 20 stalls this equates to £2 per stall and it was considered that this would not significantly impact on potential “profit”.
2. Councillor Sedgwick to Councillor McMahon Page 8
“I would like to welcome the recent and ongoing renovation of the Oldham War Memorial. In Lees we would welcome similar attention to our own War Memorial. Last year the column was cleaned, but the base is in a sorry state, and needs repair and some TLC. Will the Leader assure me tonight that the necessary work will be carried out for this year’s Remembrance Sunday and in readiness for the centenary commemoration of the start of the First World War?”
Councillor McMahon, Leader of the Council and Cabinet Member for Regeneration & Strategic Projects, gave the following response:
“This had been pre empted a year ago when the process had begun to mark the centenary of the start of the First World War. Members should be assured that there is a programme of work on going to repair and restore the memorials across the Borough and including Lees War Memorial. The site has been inspected and officers are in the process of identifying the extent and nature of the restoration needed as cleansing alone could result in surface damage and the work could require a specialist contractor. Dependent on the findings the work may be programmed for completion prior to this November but in any event will be completed in advance of the centenary commemoration of the start of the First World War.”
3. Councillor McCann to Councillor Akhtar
“I was disappointed that local Councillors and the District Partnership were not consulted in advance by Council officers about the suitability of a field designated to be a car park for those attending the Yanks Weekend in Uppermill. Unfortunately, the field was on the same access road as a charity music festival and was (and is) regularly used by horse riders on the Pennine Bridleway or at training sessions. When local elected representatives became aware of these arrangements, they contacted officers, who, once contacted, acted quickly and effectively to prevent a clash of use. I am concerned that this is yet another regrettable instance of a failure to consult local councillors, well in advance of implementation, of actions or events which affect their residents. Can I please ask that all local actions and events are advised to the relevant councillors and bodies in future to minimise potential problems and employ their local knowledge helpfully? We do want to work co-operatively with officers – just give us the chance to do so. We are trying to be constructive not complain.”
Councillor Akhtar, Cabinet Member for Business and Town Centres gave the following response:
“Thank you for your question regarding consultation with ward members regarding Events in the Borough.
Page 9
I believe that in the case you mention, the Organiser of the Yanks week-end did not submit an Event Notification form and from a Council perspective, we had no contact with him until the Thursday evening before the event took place the day after. That’s when he asked if he could use the car park you refer to. As a co-operative Council we acted swiftly and as it happened, there were no problems on the week-end of the Yanks event, but I understand that you have been given assurances that when we are aware of events, ward members will be informed and their feedback sought.”
4. Councillor Blyth to Councillor Hibbert
“I would like to ask the relevant Cabinet Member why it is that in Shaw the Council’s Highways Department are seemingly going around removing the signs that other Council officers are producing and putting up to promote our markets and community events? I have been told that this is to observe an EU directive but when I travel to neighbouring boroughs I do not see them doing the same thing. Would the Cabinet Member agree that this practice just seems plain daft and completely at odds to what we should be doing if we are really a Co-operative Council?”
Councillor Hibbert, Cabinet Member for Environment and Housing gave the following response:
“I would like to place on record that I find the word “daft” offensive when used in the Council Chamber. Members will be be aware of the nuisance created by unauthorised fly posting across the Borough and of the fact that we remove such signs as a matter of course.
The posting of temporary advertising signs is governed by The Town and Country Planning (Control of Advertisements) Regulations 2007 – specifically Class 3 signage. This allows a variety of temporary signs to be erected but only according to specific criteria. In order to ensure that the Council and its partners accord with these criteria it would be useful if officers discussed the signage prior to their installation with representatives of either the planning team or the highways team.
One of the most obvious concerns when considering such signage is the implication that it may have for road safety. Members will be aware that sightlines, especially on the approach to roundabouts, most importantly benefit child pedestrians, and the Council, in its role of highway authority, has a specific duty of care towards them.
However, we are a co-operative Council and I will ensure that the relevant officers give every assistance when discussing the appropriate positioning of such signage. In the first instance, I would therefore suggest that Ward Members advise event
Page 10 organisers to discuss their needs with the officers when discussing the events at their District Executive.”
5. Councillor Harkness to Councillor Hibbert:
“Can the appropriate cabinet member please inform me when the public consultation for the PFI street lighting project in the conservation areas in Saddleworth will take place? And in what form will this consultation take? Can I also have the assurance that no street lights will be placed in conservation areas before this process takes place?”
Councillor Hibbert, Cabinet Member for Environment & Housing gave the following response:
“Local Members, Historical Societies and Conservation Officer will be consulted initially in the way of face to face meetings regarding the column replacement program within the Conservation Areas, where all parties will be advised on the treatment of the street lighting apparatus within the PFI Contract prior to any work being carried out on site, there is a provision within the contract to paint all street lighting apparatus black and where there is currently special design apparatus installed ( Heritage) it will be replaced on a like for like basis within these areas, the Council has requested a program from CLP / Eon to enable the meetings to be facilitated in the near future.”
6. Councillor Williamson to Councillor Hibbert:
“On a recent ward walk in High Crompton, I noticed that a number of road markings had worn away quite badly and a number of local residents also expressed their concern about this when I spoke to them. The Rochdale Road and Thornham Road mini roundabout is particularly bad and I would ask that this is looked at as a matter of priority before a serious accident happens. Can additional funds be made available to allow local Councillors to work with Highways to nominate roads that need remarking? “
Councillor Hibbert, Cabinet Member for Environment & Housing gave the following response:
“I share Cllr. Williamson’s concerns. However this is a borough- wide problem, and that problem is a consequence of the Coalition’s repeated cuts in local government funding and highways budgets. I have already asked officers to look into the matter and I will continue to do so. I will monitor the situation and I will identify the priorities in regard to safety for the people of all of Oldham. Regarding additional funds for local councillors, I am afraid that that is not a matter for me.”
7. Councillor Thompson to Councillor Steve Bashforth:
Page 11
“An elderly constituent has asked me to bring to the council’s attention how she is affected by the rerouting of her phone calls from the library to the call centre. She cannot get out easily and family members do many errands including picking up library books. Until recently she could phone a library and choose her own books with a librarian’s help. Now she can’t and it’s another bit of independence gone. Reading is important to her and it’s a very personal choice. She is not asking for any special treatment, just the same access to a librarian which is there for anyone who can walk into a library - though the difficulty is made worse by having no local library in Waterhead or East Oldham. Please would the Cabinet member look into a way of restoring a phone service for this lady and others who need a librarian, separately from the routine renewals etc, which the call centre can deal with?”
Councillor Steve Bashforth, Deputy Cabinet Member for Neighbourhoods (Policing) gave the following response:
“The Library Service telephone calls transferred earlier this summer to the contact centre as part of the corporate Customer Service transformation programme. This programme has been designed to achieve budget efficiencies. This sounds like a bespoke service that has been offered to this lady in the past but now, because of budget cuts, is no longer available. We would be very happy to talk with the constituent concerned with a view to assessing their eligibility for accessing the Library at Home service and could I ask Councillor Thomson to liaise about this.”
8. Councillor Judge to Councillor Steve Bashforth:
“I have received a number of complaints about the 101 Police number. Could you tell me what the Commissioner is going to do about this problem?”
Councillor Bashforth, Deputy Cabinet Member for Neighbourhoods (Policing) gave the following response:
“This issue is of great concern; the Commissioner is taking it quite seriously and has called it in and it is now being looked at.”
At this point in the meeting the Mayor advised that the time limit for this item had expired.
RESOLVED that the questions raised and responses given be noted. 2 TO RECEIVE APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Ames, Ball, Larkin and Stretton. 3 TO ORDER THAT THE MINUTES OF THE MEETING OF THE COUNCIL HELD ON 17TH JULY 2013 BE SIGNED AS A CORRECT RECORD
Page 12
Concerns were expressed by a Member of the Liberal Democrat Group that the Minutes did not provide a sensible record of the meeting and she pointed out that details of all the questions raised and the responses given had not been included in the Minutes. The Mayor advised that the Council’s Minutes were not produced verbatim and asked the Member to indicate any inaccuracies.
On being put to the vote it was RESOLVED that the Minutes of the Council meeting held on 17 th July 2013 be approved as a correct record. 4 TO RECEIVE DECLARATIONS OF INTEREST IN ANY MATTER TO BE DETERMINED AT THE MEETING In accordance with the Code of Conduct, Councillor Hibbert declared a personal interest in Minute 14 of the Cabinet Meeting held on 24 th June 2013 - Item 14 Expansion of Yew Tree Community School by virtue of his appointment by the Council as a governor of the school. 5 TO DEAL WITH MATTERS WHICH THE MAYOR CONSIDERS TO BE URGENT BUSINESS The Mayor informed the meeting that no items of urgent business had been received. 6 TO RECEIVE COMMUNICATIONS RELATING TO THE BUSINESS OF THE COUNCIL The Mayor informed the meeting that no communications relating to the business of the Council had been received. 7 TO RECEIVE AND NOTE PETITIONS RECEIVED RELATING TO THE BUSINESS OF THE COUNCIL The Mayor advised the meeting that no petitions had been received for noting by the Council. 8 OUTSTANDING BUSINESS FROM THE PREVIOUS MEETING The Mayor informed the meeting that there were no items of outstanding business from the previous Council meeting. 9 YOUTH COUNCIL Mariam Waseem, Daisy Murphy and Marouf Ahmed, Members of the Youth Council, attended the meeting and addressed Council on the following motion which had been passed at a recent meeting of the Youth Council, to support the Votes at 16 Campaign:
“There are over 1.5 million 16 and 17 year olds in the UK denied the vote. The votes at 16 campaign aims to lower the voting age to 16, allowing 16 and 17 year olds to vote in any English election. We feel that 16 and 17 year olds should have the right to vote for things that will change their lives, futures and opportunities. 16 and 17 year olds are able to hold many responsibilities in our society such as being able become a director of a company or a member of a trade union, they can pay income tax and National Insurance, they are able to get married or enter a civil Page 13
partnership and even join the armed forces to serve our country. Not only are 16 to 17 year olds able to make complex decisions, more and more young people are showing that they want to make a positive difference. The votes at 16 campaign will engage 16 and 17 year olds to influence key decisions that affect their life and ensure that youth issues are represented. To lock them out is patronising and relies on out-dated views that criticize young people’s capabilities. Since 2002, citizenship education has been a compulsory part of the national curriculum in secondary schools. As a result of this about 20,000 young people are active in local youth councils, often working with local councils and public services alongside 600 elected MYPs. This shows that young people are already involved in our society as much as possible by attending regular youth council meetings and it also shows their enthusiasm to be a part of our society politically. As a youth council we believe that 16 and 17 years olds have a great deal of responsibilities, demonstrate a high level of maturity and need a say in our society. People of this age are able to pay income tax and National Insurance and it seems unjust if they are not able to influence decisions that affect them, especially when the main argument accuses the whole demographic of being too immature. Young people are currently more informed now than they have ever been, and many express just as much interest in politics as adults. We are proposing that Oldham Council join us and pass the motion to support votes at 16 and write to government expressing their support.”
Council were asked to join the Youth Council and pass the motion to support votes at 16 and write to the Government expressing their support.
Members welcomed the recommendation and Councillors McMahon and Harkness spoke in support of the recommendation. Councillor Amanda Chadderton, Cabinet Member for Education, Employment and Skills thanked the Youth Council for their hard work on this issue.
RESOLVED that Council write to the Government expressing their support for the Youth Council’s motion, as detailed above. 10 LEADER AND CABINET QUESTION TIME The Leader of the Opposition, Councillor Sykes, raised the following three questions:
1. The Leader of the Opposition asked if the Leader of the Council would join him in welcoming the recent news of dividend payments being made to the ten Greater Manchester authorities by the Manchester Airport Group.
He asked the Leader whether he would be willing to enter into a discussion as to how Oldham could best utilise this wind-fall, particularly in looking to identify further practical measures that could be funded to support the poorest citizens of the borough who were adjusting to reduced benefits following welfare reform. Page 14
One example that could be emulated, from a neighbouring authority, was the establishment of a discretionary hardship fund used in exceptional circumstances to support first time Council Tax payers in arrears.
Would the Leader consider establishing such a fund and any other steps that might be of benefit to these hard pressed citizens?
Councillor McMahon, Leader of the Council, advised that the Council had taken on a much more functional approach in asking the question - “How do you stop Oldham being a poor town?” Nobody chooses to be poor and putting sticking plaster on this is not the answer. We are doing as much as we can but the answer is that we need a ten or twenty year plan to address this issue. Hopefully the regeneration plans for the Borough would lay the foundation stone for this. The Council had adopted a different approach to its budget too – it has been far too dependent on the Government settlement but is now in the business of trying to diversify their income stream. Actually, Stanstead really was the continuation of a good idea. We should be asking the question – How can we turn the money we have into a financial investment to shore up the Council pot?
2. The Leader of the Opposition referred to the second public question raised earlier in the meeting relating to a letter received from the Council Tax Office regarding the Single Occupancy Allowance and informed Council that he had recently dealt with a case on behalf of a Constituent where the correspondence had been quite complicated. Reference was also made to a question which would be raised later on the agenda relating to a Crompton constituent who had been accused of accruing a Council Tax debt on a property that no longer existed at a time when she was no longer living in the borough.
Councillor Sykes expressed his concerns that in the near future one of his constituents, or those of colleagues, who may be vulnerable or isolated would receive similar correspondence which may take them over the edge.
In a bid to forestall this Councillor Sykes asked the Leader to outline what checks the administration would be prepared to introduce to ensure that the letters this authority sends out accord with the known facts and that they are clear and respectful to the electorate, the people that we ultimately serve? Councillor Sykes also requested that this matter be referred to the Overview and Scrutiny Board for urgent investigation with a report brought back to Council this municipal year?
Councillor McMahon advised the meeting that Councils should be more aggressive in wiping out fraud, however; letters issued on behalf of the Council should show that the Council treats people fairly but firmly.
Page 15
It was suggested that any letters for mass circulation should be signed off by the appropriate Cabinet Member with residents being directed to a contact for assistance.
3. The Leader of the Opposition asked if the Leader would agree that the significant financial settlement made upon the authority and the recent departure of the former Chief Executive of Housing 21 has drawn a line under the very unsatisfactory construction phase of the PFI2 housing regeneration project.
Would the Leader also agree that overall the tenants renting the properties that are managed on behalf of the Council by Housing 21 receive a good service, and that in fact the blame for the earlier debacle should really be placed squarely at the foot of Housing 21’s construction partners, Bullocks? The important thing is that despite this company our elderly are safe, comfortable and as content as possible within these properties and would the Leader join with me in offering assurance, especially to the relatives of those in Housing 21 properties, that this is in fact the case?
Councillor McMahon advised that this had been a wider review than just housing. In this instance the Council had not been satisfied and so had renegotiated a number of contracts. In the case of the Housing PFI it had taken courage for the Council to go back and see this through by way of financial redress, which had resulted in huge savings to Oldham tax payers.
Advance notice had been given of questions relating to the following:
1. Question from Councillor Sheldon
My question relates to the sale of a Council house and the question is from a resident in the process of buying an ex Council house form First Choice Homes. Alongside the sale of the house there will be a new charge effective from April 2014 of £231.10 per year towards the maintenance of gardens and communal areas. The resident already pays Council Tax and contributes to the maintenance and green areas of the Borough and I would ask Leader or relevant Cabinet Members to explain this.
Councillor McMahon, Leader of the Council advised that if people bought a property in a communal area then they had to recognise the need to contribute to the overall charges for maintenance.
2. Question from Councillor McCann
“Councillor McCann asked if the Cabinet Member for Finance could please tell Council what were the results of the recent review and ‘amnesty’ of council tax payers claiming single person discount – particularly can he inform Council how many council tax payers were caught falsely claiming this discount?
Page 16
And can he advise Council how much additional revenue we can expect to bring in as a result of this exercise?”
Councillor Jabbar, Cabinet Member for Finance gave a brief summary of the situation – he advised that in Oldham around 34,000 people were registered for the Single Persons discount and so the Council wanted to initiate a review, which had been carried out in phases; the first of which had been an advertisement in the local press. As a result of this 96 households had come forward and subsequent to this officers had looked at data and issued further letters asking people to review their records. This was the letter which had been referred to earlier in the meeting and there was a sentence in this letter which people may have taken objection to. Councillor Jabbar stated that, in future, as the Leader had stated he would personally sign off any letters. He pointed out that systems were not put in place to upset people but to help them.
As a result of the Single Persons Discount Review so far 369 households have responded to the letter and confirmed they are no longer entitled to discount. This will generate an additional £110,000 each year in Council tax revenue for the Council.
3. Councillor Thompson to Councillor Harrison
Councillor Thompson advised that a recent report by the Centre for Economics and Business Research had found that the public sector procurement process in the UK was 90% more expensive than the average cost in Europe.
Councillor Thompson asked if the Cabinet Member could provide Council with an assurance that our procurement costs are better than the UK average for local Government, and outline how – as part of our overall efficiencies - our procurement costs will be reduced still further in the future.”
Councillor Harrison, Cabinet Member for Commissioning and Public Sector Reform, informed the meeting that the Procurement function has a cost of £1,045,000 with salaries accounting for £760k per annum and for the year 2013/14 the team are set to deliver in excess of £4 million savings to the Council and in addition are directly supporting the key Strategic Regeneration Projects at an additional capital cost of £100 million. The Council spends over £263m per. annum with third party suppliers of which £185m (70%) is managed through the procurement function. During 2013/14 we estimate that we will manage around £280m combined capital and revenue. The latest performance metrics show the cost of Oldham’s procurement function as a percentage of third party expenditure to be 00.29% and the average CIPFA performance metric for the cost of a procurement function is currently 00.50%, i.e. we are significantly lower. The UK average is difficult to quantify as some authorities have completely outsourced the model to the private sector, where cost of the service cannot be disenfranchised from the profit facing element Page 17
of those organisations. Whereas the Oldham Council strategy is to ensure value for money and market intelligence contributes significantly to its commissioning model and co-operative agenda. In addition to ensuring value for money through our contracts the procurement function also has a duty to ensure the Council adheres to EU Regulations and the Council’s Procurement Rules. Unlike most other Authorities the service at Oldham includes Adult & Children’s Social Care, Property, Estates and Construction activity; in addition to the Corporate Procurement function. This ensures commercial support is given to all areas of the business to ensure best value is achieved through our contracts. Oldham Council is the leading Authority on implementing social values into our contracts and this has been developed and implemented by the Procurement Team. The team has recently re-structured to enable a strategic focus on our key contracts to partnership agreements to ensure continuous improvement and efficiencies and furthermore the implementation of our revised service model.
4. Councillor Sedgwick to Councillor Hibbert
Councillor Sedgwick asked when sudden downpours of rain that lead to flash flooding in our streets, how can the Council cope with the clearance of gullies to discharge the water when there is only one machine and one team of two on call to carry out gully cleaning, and there is no holiday cover?”
Councillor Hibbert, Cabinet Member for Environment and Housing, pointed out that the nature of flash floods raised a capacity issue. During a flash flood event the main issue was the drainage networks capacity to be able to cope with the sudden volume of water in such a short period of time and no amount of equipment could account for this. The team had introduced new ways of working which had allowed for more consistency in the cyclical cleaning of gullies, the team now worked extended days including Saturdays and Sundays. This had enabled savings on the use of one vehicle whilst still maintaining expected levels of performance against the schedules. Councillor Hibbert informed the meeting that the Highways Operations team had received praise from all parties and residents alike for their efforts over the winter period in dealing with such weather events.
At this point in the meeting the Mayor advised that the time limit for Questions from Members had expired.
RESOLVED that the questions raised and the responses given be noted. 11 TO NOTE THE MINUTES OF THE MEETINGS OF THE CABINET HELD ON THE UNDERMENTIONED DATES, INCLUDING THE ATTACHED LIST OF URGENT KEY Page 18
DECISIONS TAKEN SINCE THE LAST MEETING OF THE COUNCIL, AND TO RECEIVE ANY QUESTIONS OR OBSERVATIONS ON ANY ITEMS WITHIN THE MINUTES FROM MEMBERS OF THE COUNCIL WHO ARE NOT MEMBERS OF THE CABINET, AND RECEIVE RESPONSES FROM CABINET MEMBERS The following Cabinet Minutes were submitted:
24 th June 2013 15 th July 2013
Questions and observations were raised by the following Councillors on the Cabinet Minutes as detailed below:
1. Councillor McCann - Cabinet meeting – 24 th June 2013, page 30, Agenda Item 12, Extension of the Local Authority Mortgage Scheme seeking confirmation that the basis of the scheme had remained the same and that commercial lettings and Right to Buy were not included.
Councillor Hibbert Cabinet Member for Housing and Environment acknowledged Councillor McCann’s work on the Housing 21 issue and advised that the answer to both questions was No.
2. Councillor Dean - Cabinet meeting – 15 th July 2013, page 35, Agenda Item 5, 4D (Ex-Remploy) Loan Agreement. Councillor Dean welcomed this and asked that the Council support this company.
Councillor Akhtar, Cabinet Member for Business and Town Centres advised that this was a very important issue right across the Borough and was a prime example of how a Co-operative Council could work together with businesses and residents.
RESOLVED that:
1. The Minutes of the Cabinet meetings held on 24 th June and 15 th July 2013 be noted. 2. The questions put forward at the meeting and the responses given be noted. 12 NOTICE OF ADMINISTRATION BUSINESS Motion 1
Councillor Jabbar MOVED and Councillor Hibbert SECONDED the following motion:
“On the 25 July the Council was notified by the DCLG of what was ostensibly a technical consultation on the Local Government Finance Settlement 2014/15 and 2015/16 Very regrettably the release is not as benign as its title would suggest; it brings with it serious implications for the Council’s budget and continues the extreme downward pressure on the financing of Local Government Page 19
Local Government has delivered balanced budgets year after year and now faces the demand to reduce expenditure still further with additional reductions in the Council’s funding for 2014/15 and 2015/16 over and above those previously assumed We estimate, subject to the outcome of the consultations, that our revenue grant support will be £68.752m in 2014/15 and £48.623m in 2015/16. Despite having already assumed very significant reductions these settlements bring with them yet further reductions of at least £1m in 2014/15 and a further £4m in 2015/16. Not only are the funding reductions severe and additional, the manner and means by which they were communicated and the lack of transparency in doing so is misleading and detrimental to the efforts made by local authorities to forward plan:
• The latest release was not notified in advance when clearly it would have been known about before it was issued
• The information was released when Parliament had entered recess and effectively the summer holidays had commenced
• It was released as a technical consultation which did not therefore draw attention to the proposed funding levels and hence budget reductions. This real issue could not have been unknown to the DCLG
• Local Government had been led to believe that the Government’s overall funding plans for 2015/16 had been revealed in the Spending Round which was only issued one month earlier. The totals in the technical release were lower than the Spending Round and it became clear that supposed new funds announced in the Spending Round were not additional, and were in fact being funded by top slicing and hence reducing the general level of funding for Local Government
• Some areas of supposed new funding create new burdens which have to be financed by Local Government and this additional spending pressure is not readily apparent in the Government announcements
• There are still unexplained discrepancies in funding control totals for which the DCLG has not been able to provide an explanation. Indeed, the DCLG’s response to queries has in general not been as helpful as usual
• The Government, in its so called technical release, has announced that Local Government will receive only a 2.3% real terms reduction in total spending in 2015/16. It is understood that this has been calculated by including the pooled health budgets which will not alleviate pressure on Local Government and is misleading to say the least. The public, when hearing such headline Page 20
figures, is not being advised of the full extent of the funding reduction that Councils are having to address
• The impact on those Councils most heavily dependent on revenue support grant, such as Oldham, will be greater than those who get proportionately less of their income from RSG.
• Councils in deprived areas have huge spending pressures yet are being forced to make much more significant percentage cuts than those in the least deprived areas. There is clear evidence that the Councils that face the largest cuts are those with the highest proportion of pensioners, the highest number of children in need, the lowest levels of income and Council Tax income. How can this be considered fair?
• Oldham Council is one of those Councils facing a larger cut in funding. To demonstrate the unfairness in the funding arrangements, an assessment of spending power reductions has been made. This is calculated using the Government’s funding assessment for a Council, Government grants and Council Tax income. This contrasts the cut being made to Oldham’s spending power of 8.5% to the cuts for Wokingham at 2.5%, Surrey at 2.6% and Richmond upon Thames at 2.9%. Again, how can this be considered fair?
The Government has invited comments on the technical consultation by 2 nd October. It is therefore vitally important that the Council notifies the Secretary of State of its views and requests that he reconsiders the funding arrangements as a matter of urgency.
This Council therefore resolves to:
• Mandate the Chief Executive of the Council to write to the Secretary of State outlining our concerns; urgently requesting that these further Local Authority funding reductions be reconsidered and that future funding announcements be made in a more timely and transparent fashion. • Mandate the Chief Executive of the Council to write to the Borough’s MPs outlining our concerns and asking that they lobby Central Government for the aforementioned changes.”
Councillor Akhtar spoke in support of the Motion. Councillor McCann spoke in support of the Motion. Councillor Roughley spoke in support of the Motion.
Councillor Jabbar exercised his right of reply.
Page 21
On being put to the vote FIFTY THREE VOTES were cast IN FAVOUR of the MOTION with ONE ABSTENTION. The Motion was therefore CARRIED.
RESOLVED that:
1.The Chief Executive to write to the Secretary of State outlining the Council’s concerns; urgently requesting that these further Local Authority funding reductions be reconsidered and that future funding announcements be made in a more timely and transparent fashion. 2. The Chief Executive to write to the Borough’s MPs outlining Council’s concerns and asking that they lobby Central Government for the aforementioned changes.
NOTE: Councillors Chauhan and Sheldon were absent from the Council Chamber for the vote on this item. 13 NOTICE OF OPPOSITION BUSINESS Motion 1
Councillor Alcock MOVED and Councillor Sedgwick SECONDED the following motion:
“This Council notes with regret that unemployment in Oldham remains higher than the average for Greater Manchester and is resolved to do all it can to support local residents to secure employment.
Manchester City Council has for many years stipulated that traineeships, apprenticeships and entry-level jobs (up to Scale 3) advertised with the authority will only be “open to applicants who are permanently resident in the City of Manchester”.
At present, no such residency requirement is applied by Oldham Council when advertising its own vacancies.
This leads to the anomalous and inequitable situation that a Manchester resident may apply for, and secure, a position of this nature with Oldham Council, but Oldham residents cannot apply for similar positions with Manchester City Council.
As part of its commitment to providing local jobs for local people, this Council resolves to introduce an identical residency requirement by stipulating that all traineeships, apprenticeships and jobs up to Scale 3 be open solely to applicants permanently resident within the boundaries of the borough of Oldham.”
Councillor Harrison spoke on this item and requested that it be referred to Overview & Scrutiny for consideration.
Councillor Battye MOVED that, in accordance with paragraph 10.11 (g) of Part 4 Rules of Procedure of the Council’s Constitution, this issue be referred to Overview & Scrutiny for consideration.
Page 22
On being put to the vote FIFTY THREE VOTES were cast IN FAVOUR of the MOTION being referred to Overview & Scrutiny with ONE ABSTENTION.
RESOLVED that the Motion be referred to Overview & Scrutiny for consideration.
NOTE: Councillors Salamat and Ur Rehman were absent from the Council Chamber for the vote on this item.
Motion 2
Councillor Blyth MOVED and Councillor McCann SECONDED the following Motion:
“This Council notes with disappointment the recent decision by the Government to abandon the commitment to introduce plain packaging for cigarettes. With the ban on advertising, cigarette manufacturers have increasingly focused upon packaging to make their products more appealing. Historical research has proven that smoking tobacco causes serious and fatal diseases and that the only way to avoid this risk is not to smoke. Smoking is an addiction of childhood, with the vast majority of smokers starting before they are 18 years old. Recently published, peer-reviewed scientific research has proven that plain packs are less attractive, particularly to young people. This Council therefore believes that, as part of the agenda to promote public health, it is imperative that legislation be introduced to mandate plain cigarette packaging in order to discourage the take-up of smoking by young people. This Council therefore resolves to request that the Chief Executive and relevant Cabinet Member write to the Secretary of State for Health, expressing these views and asking him to bring forward the appropriate legislation as a priority.”
AMENDMENT
Councillor Dearden MOVED and Councillor M Bashforth SECONDED the following amendment:
“At the beginning of the motion add:
Life expectancy rates for both men and women in Oldham are significantly lower than the national average. Conversely the number of smokers, and in particular the number of pregnant women in Oldham who smoke are above the national average. Ill health amongst smokers puts extra pressure on the NHS for instance; cardiovascular, lung and cancer services, therefore:”
The motion would then read as follows:
Life expectancy rates for both men and women in Oldham are significantly lower than the national average. Conversely the Page 23
number of smokers, and in particular the number of pregnant women in Oldham who smoke are above the national average. Ill health amongst smokers puts extra pressure on the NHS for instance; cardiovascular, lung and cancer services. Therefore this Council notes with disappointment the recent decision by the Government to abandon the commitment to introduce plain packaging for cigarettes. With the ban on advertising, cigarette manufacturers have increasingly focused upon packaging to make their products more appealing. Historical research has proven that smoking tobacco causes serious and fatal diseases and that the only way to avoid this risk is not to smoke. Smoking is an addiction of childhood, with the vast majority of smokers starting before they are 18 years old. Recently published, peer-reviewed scientific research has proven that plain packs are less attractive, particularly to young people. This Council therefore believes that, as part of the agenda to promote public health, it is imperative that legislation be introduced to mandate plain cigarette packaging in order to discourage the take-up of smoking by young people. This Council therefore resolves to request that the Chief Executive and relevant Cabinet Member write to the Secretary of State for Health, expressing these views and asking him to bring forward the appropriate legislation as a priority.”
On being put to the vote FIFTY FIVE VOTES were cast IN FAVOUR of the AMENDMENT with ONE ABSTENTION the AMENDMENT was THEREFORE carried.
Councillor Blyth exercised his right of reply on the MOTION AS AMENDED.
On being put to the vote FIFTY FIVE VOTES were cast IN FAVOUR of the the MOTION AS AMENDED with ONE ABSTENTION, the MOTION AS AMENDED was therefore CARRIED.
RESOLVED that the Chief Executive and the relevant Cabinet Member be requested to write to the Secretary of State for Health, expressing these views and asking him to bring forward the appropriate legislation as a priority.”
At this point in the meeting the Mayor advised that the time limit for Notice of Opposition Business had expired and that the Motion relating to the recent action by the Office of Fair Trading to regulate the actions of “legal loan sharks” be rolled forward to the next Council meeting. 14 TO NOTE THE MINUTES OF THE FOLLOWING JOINT AUTHORITY AND OLDHAM PARTNERSHIP MEETINGS AND THE RELEVANT SPOKESPERSONS TO RESPOND TO QUESTIONS FROM MEMBERS Minutes of the Joint Authorities were submitted as follows:
Page 24
Transport for Greater Manchester 14 th June 2013 Committee
Peak District National Park 24 th May 2013 Authority
Police and Crime Panel 22 nd February 2013
Association of Greater 28 th June 2013 Manchester Authorities Executive 26th July 2013
Greater Manchester Combined 28 th June 2013 Authority 26 th July 2013
Questions and observations were raised in relation to the following Joint Authority Minutes:
1. Councillor Houle referred to the Minutes of the Peak District National Park Authority held on 24 th May 2013, page 52, Minute 29/13 8 - Review of Arrangements for Increasing Members’ Engagement and Visibility in the Community and asked would this apply to Dovestones and the surrounding area.
Councillor Beeley stated that all the Councillors and the Secretary of State Members of the NPA are attached to areas which are a combination of district and parish councils. Representatives from both these in the Saddleworth area regularly attend their meetings.
2. Councillor Blyth referred to the Minutes of the Transport for Greater Manchester Committee held on 14 th June 2013 and informed the meeting that the Oldham Metro Shuttle Bus had been observed constantly operating in Rochdale town centre.
Councillor Dean advised that this was a commissioned service which was jointly funded by OMBC. The service ran as per schedule, every 20 minutes, obviously operator does shuffle buses around. There had not been any complaints about regularity or performance of this service to date. Councillor Dean offered to check up as to why the buses were not marked up that OMBC were supporting the service on this route or any another.
3. Councillor Roughley referred to the Minutes of the Transport for Greater Manchester Committee held on 14 th June 2013, page 47, Minute 13/18 Rail Station Accessibility Programme stating that it was a pity that all stations could not be brought up to the same standard.
Councillor Dean advised that Greenfield was not the only station in Oldham; Mills Hill was partly in Oldham. Irrespective of arguments over a line, a lot of Oldham residents from Chadderton use Mills Hill station, which, after much fighting by Oldham representatives is now number one when money Page 25
becomes available to put disabled access in. There is also going to be a major reconstruction of the area at Greenfield station, when the line is electrified within the next two or three years, and obviously all parts of the station will be converted for disabled access at that stage.
The following observations on the Joint Authority Minutes were made at the meeting:
4. Councillor Sykes referred to the Minutes of the Transport for Greater Manchester Committee held on 14 th June 2013, page 46, Minute 13/16 – with reference to the Kingsway Link Ring and Ride service and expressed his disappointment at the response following the issue raised at the last Council meeting. Councillor Sykes stated that for some reason his statement had got a little bit mixed up as some people thought that he was talking about the ring and ride service. To clarify the issue he had sent a letter to the local press correcting this. A response had been provided by an Officer from TfGM which Councillor Sykes had not been happy with. Councillor Sykes asked again why all of Rochdale was served to Kingsway and none of Oldham and why was there not a dedicated stop to pick up this service from the Borough’s railway stations; this situation needed to be rectified.
Councillor Dean stated that he was sorry that Councillor Sykes had been offended by the response from TfGM; however the issue of the expansion of routes would be discussed at a meeting of the bus Network Committee to be held on 4 th October 2013. The Mayor requested that Councillor Dean mention to the Officer in question, Councillor Sykes’ concerns regarding the response received.
5. Councillor Blyth referred to the Minutes of the Police and Crime Panel held on 22 nd February 2013, page 56, Minute 37/12 – Draft Police and Crime Plan and queried the reduction of policing hours in Shaw due to Officers having to parade from the main Police Station. He pointed out that in Saddleworth this was carried out by video link and asked why Shaw and Royton could not do the same?
Councillor S Bashforth responded to this question stating that the answer from the Police was that they had to collect their equipment from the Police Stations. The PCSOs and the Police have actually now been offered an office at Royton Town Hall and hopefully the situation should improve with a better service being provided in the near future.
RESOLVED that the questions and the observations on the minutes, and the responses given be noted. 15 OVERVIEW AND SCRUTINY ANNUAL REPORT 2012 - 2013 Consideration was given to a report of the Chair of the Overview and Scrutiny Management Board which outlined the nature and extent of the work that had been undertaken by the Overview and Scrutiny Board during the last twelve months. The report Page 26
provided a summary of the various issues that had been examined by the Board and the Performance and Value for Money Select Committee.
The Mayor thanked Councillor McLaren, Chair of the Board, for all the excellent work that had been undertaken.
RESOLVED that the report be noted. 16 AMENDMENTS TO THE POLICY FRAMEWORK - REPORT OF THE CHAIR OF THE OVERVIEW & SCRUTINY MANAGEMENT BOARD Consideration was given to a report of the Chair of the Overview and Scrutiny Management Board which provided an update of the Council’s Policy Framework. Council was informed that the Framework required amendments to be made as there had been changes to plans and strategies which the Council was required to produce.
RESOLVED that the Council’s Policy framework be amended as outlined in the report. 17 UPDATE ON ACTIONS FROM COUNCIL Consideration was given to a report of the Borough Solicitor informing Members of actions taken following previous Council meetings and providing feedback on other issues raised at the meeting. The response relating to the issue of the removal of permitted development rights in the Town Centre was highlighted and the establishment of a cross party working group to look into this matter was suggested.
RESOLVED that: 1. The actions and correspondence received, regarding motions agreed at previous Council meetings be noted. 2. A cross party working group, as detailed above, be established.
The meeting started at 6.02 pm and ended at 9.05 pm
Page 27 This page is intentionally left blank
Page 28 Agenda Item 7
COUNCIL
Petitions
Report of the Borough Solicitor
Portfolio Holder : Various
23 October 2013
Officer Contact : Liz Frier, Head of Constitutional Services Ext. 4705
Reason for Decision
The decision is for Elected Members to note petition received by Council in accordance with the Petitions Protocol.
Petitions Received
Neighbourhoods
Petition to relating to charges for use of Shaw Road End Pitch by a football coach (received 26 September 2013) (145 signatures) (Ref 2013-019).
Recommendation that Council note the petition received.
Page 1 of 1 Update on Actions from Council 11Sep13 Page 29 This page is intentionally left blank
Page 30 Agenda Item 11 CABINET 29/07/2013 at 6.00 pm
Present: Councillor McMahon (Chair) Councillors Akhtar, A Chadderton, Harrison, Hibbert, Jabbar, and Stretton
1 APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Brownridge. 2 URGENT BUSINESS There were no items of urgent business received. 3 DECLARATIONS OF INTEREST There were no declarations of interest received. 4 PUBLIC QUESTION TIME There were no public questions. 5 MINUTES OF THE CABINET MEETING HELD ON THE 24TH JUNE 2013 AND 15TH JULY 2013 RESOLVED that the Minutes of the Cabinet meeting held on 24 th June and 15 th July 2013 be approved. 6 GET OLDHAM WORKING - YOUNG TRAINEE PROGRAMME The Cabinet gave consideration to a report of the Executive Director Commissioning which provided details of the Get Oldham Working – Young Trainee Programme. Members were reminded that the Council had launched its Get Oldham Working campaign to help more residents to get into employment and part of the campaign sought to provide 2015 work related opportunities for 2015 Oldham residents by 2015. The report outlined new jobs as part of this commitment. Members were advised that the programme would run as a pilot in the first instance because of the large number of variables, and therefore risks, in relation to the total potential costs.
Options /alternatives considered:
A number of scenarios had been modelled from 75 opportunities to 2000 some of which demonstrated that there would be significantly more financial risk than others the results of which were set out in Appendix 1 to the report. Option 1 – Approve the introduction of the Oldham Young Trainee Programme as part of its Get Oldham Working Programme to create a pilot that would create 150 trainee opportunities and 50 apprenticeships. Option 2 – To not approve the introduction of the Oldham Young Trainee programme as part of its Get Oldham Working Programme. RESOLVED that:
Page 31
1. The introduction of the Oldham Young Trainee Programme, as part of its Get Oldham Working Programme be approved.
2. The programme be reviewed by the Executive Director of Commissioning after the first cycle of 6 months to assess the financial risks before the second cycle is begun and again at the end of the pilot scheme, to determine whether the scheme could be repeated and made sustainable. 7 COMMISSIONING OLDHAM'S FUTURE Cabinet were provided with an update, by way of a report of the Executive Director Commissioning, on the progress made in developing and embedding of a transformational approach to commissioning across the Council and also with partners. RESOLVED that: 1. The progress to date and the approach outlined in the briefing paper be noted. 2. The proposed new commissioning framework and supporting documentation be endorsed 3. The Implementation plan be endorsed. 4. The following priority areas / priority projects be agreed and endorsed: a) Older people/Urgent Care b) Get Oldham Working c) Public Health. 8 PROPOSED CONSULTATION FOR THE 2014-15 LOCAL COUNCIL TAX REDUCTION SCHEME The Cabinet received an update, by way of a report of the Borough Treasurer, on the proposed consultation process to be undertaken by the Council to consider whether or not to revise its 2014 – 15 Local Council Tax Reduction Scheme. Members were informed that before undertaking any revision the legislation would require extensive consultation, details of which were set out in the report. RESOLVED that: 1. The proposed approach to consultation for the 2014 – 15 localised Council Tax Reduction Scheme be noted. 2. The decision on the level of support to be awarded be reported back to Cabinet on 2 nd December 2013 using the most up to date information available.
9 REQUEST FOR APPROVAL TO WAIVE CONTRACT PROCEDURE RULES TO AWARD A NEW CONTRACT TO KEYRING LIVING SUPPORT NETWORKS Consideration was given to a report of the Executive Director Commissioning which sought approval to waive the Council’s contract procedure rules to award a new contract to KeyRing Living Support networks Ltd, an organisation which provided support across Oldham to vulnerable adults including FACS eligible clients under Adult Social Care.
Options/Alternatives: 1. Allow the contract to expire on 31 st August 2013.
Page 32
2. Request a tender waiver to extend the contract by a further 7 months to 31 st March 2014 at a continuation of the maximum contract value of £469,260 per annum. 3. Tender the service. 4. Waive contract procedure rules to award a new contract for 2 years from September 2013 with an option to extend by 1+1 years. RESOLVED that the Councils contract procedure rules be waived and a new contract awarded to KeyRing for 2 years from September 2013 with an option to extend by 1+1 years. 10 QUARTER 4 PERFORMANCE
The Cabinet gave consideration to a report of the Deputy Chief Executive which provided an overview of the Council’s performance against the priorities outlined within the Corporate Plan for the period of January – March 2013 (Quarter 4). The report also provided an update on the progress of other key Council projects and activity. Options/Alternatives Considered: Option 1 – Not to note the recommendations in the report. Option 2 – To note the recommendations in the report. RESOLVED that the report be noted.
11 CORE TESTING REINSTATEMENTS ON THE HIGHWAY The Cabinet gave consideration to a report of the Executive Director Commercial Services which outlined the tender process which had been undertaken for Core Testing Reinstatements on the Highway and sought approval to award the contract to the contractor who had demonstrated that it was the most technically competent and economically advantageous bidder to the Council. Options/Alternatives Considered: 1.To award the contract to the proposed contractor to achieve the strategic outcomes of boosting the local economy, demonstrating value for money and collaborating with AGMA and wider partners. 2. To not award the contract and carry out ad hoc tenders which would affect the efficiency of the service and hinder the demonstration of VFM for this area of work within the service. RESOLVED that the Cabinet would consider the commercially sensitive information at Item 13 before a decision was taken on the options contained in the report.
12 EXCLUSION OF THE PRESS AND PUBLIC RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraphs 2, 3 and 6 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports. 13 CORE TESTING REINSTATEMENTS ON THE HIGHWAY (RESTRICTED)
Page 33
The Cabinet gave consideration to the commercially sensitive information in relation to Item 11 Core Testing Reinstatements on the Highway. After consideration of both the public and commercially sensitive information the Cabinet reached its decision.
RESOLVED that Cabinet approve the award of the contract, as recommended in the report, for a period of two years, with an option to extend for a further two years.
The meeting started at 6.00 pm and ended at 6.25 pm
Page 34 Agenda Item 14
UNITY PARTNERSHIP BOARD
18 June 2013
Members' Meeting Room - Civic Centre, Oldham, OL1 1NL 5.30 pm
Present: Councillors Jabbar and McCann
Emma Alexander Executive Director Commercial Services Kay Andrews Agilisys Christine Chester Constitutional Services Janet Horton Mouchel Andrew Kendall Unity Partnership
1 Welcome and Apologies Apologies were received from Councillors Akhtar, Hudson and Sykes, Charlie Parker, Craig Apsey and Ron Reynolds. 2 Minutes and Matters Arising The minutes of the meeting held on 6 th March and 13 th May 2013 were agreed as correct records. 3 Managing Director's Report and KPI Report (Standing Item) (KPI Report to follow) The Board received a report on the work of the Unity Partnership since the previous meeting.
Details of a number of targets for Phases 1 and 2 Services along with highlights from each service were set out in the report. Andrew Kendall apologised for the late submission of the KPI Report and asked Members to contact him with any queries or comments.
The Board noted the report and the progress made.
4 Update on Phase 3 (Standing Item) Officers informed the Board that approval had now been given for both ICT services – the Modernisation and Improvement Team and the HR Advisory Service both of which were in the process of TUPE transfer on 23 rd July 2013.
The Board noted the progress made.
Page 35
5 Unity Change Programme (Standing Item) Suzanne Heywood, Head of Customer Services, and Ailsa Gerrard, Agilisys,attended the meeting for this item and provided an update to the Board on the Customer Services Transformation Programme.
Board Members were informed that during the past year the Council’s Customer Services Strategy had been refreshed to support the delivery of a significant transformation in the way in which the Council serves the residents of Oldham. The focus had been on the following four elements: • Cooperative Culture • Service experience • Value for Money • Performance
The presentation outlined the aims and scope of the programme, the range of key design schemes and detailed the wide range of key benefits that the programme would achieve.
The “single sign in” process proposed for residents was detailed for Board Members. Members expressed concern regarding those residents who did not have the technology or did not choose to access the service on line and also the fact that residents were sometimes asked questions which to them could appear irrelevant. Reference was made to the “gender” question which was required to be completed on forms and Officers explained that there was an equality issue which needed to be addressed and this information had to be provided. Officers advised that the programme was three years in length, a long term programme split into three phases in a bid to build momentum, reduce risk and maximise benefits. Members were informed that the information made available to staff at the recent Management Conference and which had proved very popular should be rolled out to all Councillors. Discussion took place regarding the in-scope services that had been proposed to be part of the initial phases of transformation and it was suggested that this be shared at Joint Leadership and in sessions arranged for all Councillors. Information was provided for Board Members detailing the successes of other Local Authorities in implementing similar programmes. Officers emphasised the numerous benefits from this new way of working but also pointed out the savings that would be made; they pointed out that there was a need to demonstrate to residents the usefulness of the scheme and also to get all Councillors on board. The Chair, Councillor Jabbar, stated that he was genuinely very excited about the scheme; it would be a good experience for users and also the opportunity to make savings.
The Board noted the update and the suggestions made.
6 Operations Board (Standing Item) There were no matters arising from the Operations Board. 7 AOB Page 36
There were no items of any other business. 8 Date and Time of Next Meeting It was noted that the date of the next meeting of the Unity Partnership Board was scheduled for 4 th September 2013.
The meeting started at 6.20 pm and ended at 7.10 pm
Page 37 This page is intentionally left blank
Page 38 Agenda Item 4
BS@6U@SH6I8C@TU@SX6TU@9DTQPT6G6VUCPSDU` 6IIV6GB@I@S6GH@@UDIBPAUC@6VUCPSDU` # UC EVI@! "
! "# $ % ! & ! ' ()*' ()!++ ) ),++) -. $)( )/ )0# ) ) )(( ) 1 )2)"+)" )3 (4+ 5 !$ )6 7!$) ! "8 ) 2 7")" )/(8 ) + 7 6 (- ! +9 # 5 5 # H 6vrs8uhv ! +( ! #( (8 + ( + : 6 !$ ( + (# +(+9 + ; 3: 6 !$ $( + + ! :! 2 (! <"# $ (! ! (( (( :6 # 8 (# + 2,"50=, 6 ! <"# $9 (! ; 3: ! "# $$ ! + ( ( ( # # +9 +2 ()! " ,++ (! ++(4+ :6 ! # +( +9 9 $ # 3: H! V tr7vrvshv qprqiur8uhv 6 # 9 ( (9 ! : H" U rprvr9rpyh hvsDr rvhp hp hr irqvprqhur rrvt ! ( ( ( >+?N!++ " 28#%!"2&N - A( ( 98 $ # ! ,' 85 (6) + " $! :
Page 3 Page 39 H# 6u vHrir uvs ur! " #Hvpvhy`rh 6 +9 ;# ( # * ! 09 ! , " 09 * ! 6 !++ 09 ! 1 09 ! <+ 0# 09+ ! < 09 ! <"# $ 09 5( + ! ( ' ( 09 ! B"+ 09 2 ( ! " ,++ 09 ! ++(4+ 09 "( ! + / 09 ! 2 09 " $ ! * ' ( 09+ ! ! ( 09+ 6+ ( ! -. $ 09 ! ! (( 09 6( ! 2 ! 88 ! 3 ! 88 < (% C8 # ( + & 2,"50=, 6 +9 ;: H$ GphyBr r6p ('$Trpv# 6vrsHrir 6r Rrv 6 !$ + +9 #) 9 )B (9+9 ! : 2,"50=, 6 ) ( # " 0 8 + DE ) (C+ (+9 9 ( #) 9 )B (9+9 ! + * ! , " * ! 6 !++ ! <"# $ 5( + ! ( ' ( 2 ( ! " ,++ "( ! 2 " $ ! ! ( 6+ ( ! ! (( 6( ! 3 Page 4 Page 40 H% 8vv! " # 6 (( F !$)6 7!$)" (/(8 ) + 76 %6&# B ( +9 ( (8 8 (! ; 3: 8 8+ ( $) /(6(8 ( (9 ( ( ! 8 + +9 ( ( :> (( ) + ( $%!& ( + (9 (+9 # (:6 +9 B ( # $( 8 6+: 6 /(6( + ! (9 8#( 8( ++ ( # ( # ! (2 # ( C # S #$ :># ( " : ( # (9 +( ! : ( +9 S $ ( () ! B(# 8 ((H ( 9 (( :6 /( 6 +( 8 #($ : 2,"50=, 6 & 8 8 (! ; 3%" & (( + % + (+ & 6 7! # ! I ( 9& 8 +9 S $ ( (%" &) 9F 8 H 9 + (( ( : H& 6vrsWvpr8uhv s ur! " #Hvpvhy`rh ! ( # 8 !$ # + = C! ; 3: 2,"50=, 6 ) # 8 ; ( J 9 (%#09 ( 09+ &) # +9 9 ( = C! O ! 6 !++ %09& %= C! (! + ) 72 %2&!++& O ! ! ( %09+ & %= C! (! "7* 8! %"*!&!++& O ! ! (( %09& %" = C! (! 2 ) + 75 %2 5&!++&
Page 5 Page 41 H' 6vrur6u vBr hpr6 htrrs ur! " #Hvpvhy `rh +9 (( !$ # + +9 8 S 8 + ; 3: 2,"50=, 6 & " !++ ; 3# # +9 ( 8 !++ O * ! , " %"9 ! & O * ! 6 !++ %"9 ! 1 & O ! <"# $%! & %"9 < & O 5( + ! ( ' ( %"9 ! B"+& O 2 ( ! " ,++ %"9 ! ++(4+ & O "( ! 2 %"9 ! + / & O " $ ! ! ( %"9 ! * ' (& O 6+ ( ! ! (( %! & %"9 ! -. $& O 6( ! 3 %"9 ! 2& 9& # %" ? 0 8 + (/ DED& ( # 8 S !++ ;"9C ( 9( ; 3 O S@8`8GDIBX6TU@H6I6B@H@IU<PQ@S6UDPIT SXHP8PHHDUU@@ %H+9 N09)09+ (! 88& ! ! (( %09&%! & ! 3 %! 88&%! & ! ( ' (%09& ! %09& ! <+ 0# %09+ & ! ++(4+ %09& %"9 & ! -. $%09& ! 2%! 88& ! B"+%09& ! , " %09& ! ! ( %09+ & ! " ,++%09&
Page 6 Page 42 O Q@SAPSH6I8@QPGD8`6I9S@TPVS8@TQQS8PHHDUU@@ %H+9 N09)09+ (! 88& ! 6 !++ %09&%! & ! 2 %09&%! & ! * ' (%09+ & ! " ,++%09& ! 2%! 88& ! B"+%09& %"9 & ! 1 %09& ! + / %09& ! ! ( %09+ & ! ++(4+ %09& ! 3 %! 88& ! ( ' (%09& O TUS6U@B`<7@C6WDPVS6G8C6IB@ T6788PHHDUU@@ %H+9 N09)09+ (! 88& ! ! ( %09+ &%! & ! < %09&%! & ! -. $%09& ! + / %09& ! , " %09& ! 3 %! 88& %"9 & ! * ' (%09+ & ! <"# $%09& ! ! (( %09& ! 2 %09& ! %09& ! 2%! 88& O 6V9DU8PHHDUU@@ %+9 N09)09+ & ! ( ' (%09& ! * ' (%09+ & ! -. $%09& ! 2 %09& ! 1 %09& "9 ! B"+%09& ! ! ( %09+ & ! ! (( %09& ! + / %09& ! 6 !++ %09& O TU6I96S9T8PHHDUU@@ vhyv yrhyvr ! 6 !++ %09& ! ! ( %09+ & ! ! (( %09& ! <"# $%09& ! 3 %! 88& Page 7 Page 43 %"9 & ! 1 %09& ! * ' (%09+ & ! -. $%09& ! < %09& ! 2%! 88& O Q@UDUDPITTV7 BSPVQ % +9 N 09)09+ & ! ! ( %09+ & ! < %09& ! ! (( %09& %"9 & ! * ' (%09+ & ! <"# $%09& ! -. $%09& & # +9 " *(%"*& O ! ! ( O ! <"# $ O ! 3 (& ! <"# $ $ %& ( !+9 ( %!& (! ! (( 9 I & ! 2 ! % H& 0+(I & + #9 +9 8 ,A0>-,L F *( ( # +9 *( O ! O ! ! ( O ! <"# $ "9 O ! < & + ! <"# $ +9 0# !9 /9*(I ( & ( S ( > ( ( +9 (!++% 9 (9 !++ > ( ( ! & ( > ( ( ! " (( !++: -# ( &98) 6 7!$(8 ( > ( ( +9 ( (!++#( 0# % > ( ( ! &)" +( ( $
? Page 9 Page 45 H # Hrrvtsur8uhv sur6u vWvpr8uhv sur6u v8uhv sur Qr s hprQyvp<Sr pr8vrrhqurDqrrqr8uhv sur6qv 8vrruryq & u 6 vy! " 6 (( 6 7!$ 8((+9 # 9 9 + ! ) = C! %! 2!++& ( > ( ( ! (!++ ( ? : > (( (# ) ! ( 8# ! ) ( ( ( 9 = C! %! 8 !++ &# ( 98! $:6 #(8( 9 + : 2,"50=, 6 & (( " 0 ( + 2!++I 9& = + 9((( $++ (!++ + E "+9 I & B 5 8# + (!++ 8(+ + # ( !++ +8(#( 8 ) (8(( 89 ( 8 ' (9 ( + I ( (& /(6 F 8(( +9 (!++ ( 2!++# C ( : H $ Ururq hsvrsurrrvtsurTrpvhyT hrt<7ruhv hy8uhtr 8vrruryq!' u Hh! " 6 ! "*!!++( " + )# # ( E )# 8 (# ( - 2C 5 %-25 &+$ !++( + ( 8# :># ' ( (( !++ +9 ( + )#+9 ( (( 9 8 : 2,"50=, 6 (+ " "*!!++ (( E : H % 8vTrp SrvrAvhyVqhrhqQ hy ! ( ( ( +98 $ # ! ,' 85 (6) + " $! : ! ( # 8 6 7!$ ( )# !++ " 28#%!"2&) ++ ( # +' ( + #( + 9 ( # 9
E Page 10 Page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age 11 D Page 47 & ( 9 I ( & B 5 #$# " B $(8 R S(+ 8 + + +) # ( 9( + ++8)# 8 9 + 9 8( (I ( & #$ # -2< ( #(" (8 (9( ++ 9)# 8# 9 +( ( <8+9 + )# + "*!!++ 5 9 : H & Qiyvp<Hrir RrvUvryvvrq $vr <B # 8(+ 9 +9 : H ' T hrtvpQh r uv7h q7 vrsvtIr 6 (( ! # 8((+9 # 9 ( ( ( + " *(%"*&: 2,"50=, 6 : H ( 6hySrvr! ! " +9 (( 5 S# 8(( + ( + S $9F 8 ! ( + "% "& ; : 6 2 7"8((+9 # 89 ++ (' ( 8((9 888# $ 9F 8 ; :># ( +(( 2 ; #(9 ((9 "+9 + : 6 2 7"( (9 ' + + # (# (8(+ (:DHJ) ( +9 ( ( + + ! D: DJ (DD:?J ( # (8 ( 8/ ( 2 ! %/ 2! &:> (( (# # #( : 6 ! (#+9 S :: & ( 0 ( # 6( " +%06"&%# 9 9 ( (9 + , 8 + )-( (2 %&& ( +(06" $ ) 06" ?$ :6 ! ' ( 8 # (9 ; 9 (06" ( ( 8 9 ( + ( ( 8 ( :/#8) ( +9 8( 06" :6 ! ' ( # ( +8(# ( ( : 2,"50=, 6 +9 ( +( $ 9F 8 ; : Page 12 Page 48 H! VqhrqQhQyvpThrrvSryhvurGphyv6p! ! # (#+ + F : +9 (( 2 7"# B ( ( (8 (( + : 2,"50=, 6 & 8 ;I ( 9& 9 (( S #9 : H! U rh HhhtrrT hrtThrrhq6hyDrrT hrtHvq`rh SrvrSr ! ! " 6 (( 6 7!$)# 8(( 88# + + 8 '+ ; +9 S ( ) B( ( 6 + ""+ %6""&:># ' ( (8 9 ((9 (!++ H )9 ((9 ((9 + 6"" B+ :># (8 ( ( # (9 ((9 (!++ ) (#(9 ( "+9 + ( : ( 9 (# !C89 $) ! ( 8 + #(9 $9 !E$:6 6 7!$(8 ( ( 9 98 8 !C8* $ (# ( :># +( +# ' (( #(9 (: 2,"50=, 6 ( + + 8: H!! QyvpVqhr ! ( # 8 5 S ((+9 9 (, # ( ) (8+ ( 8(+9 ( # (+ 8( (8+ : 6 2 7"(8 (+9 # + # ( )# 9 , (< 8)# #$ + S # : 2( : & ) 2 7" ( + 8 (9 + ( # (8( ! #(9: > 1 ), (, ,B+ % ,,,& ! )+9 ( (=(((6'%=6& + (. #( 8 +: +9 ( + ++ #( 99 ( ++ (( 99 :> +9 S ++ ) 6 7!$(8 ( 8 # " 9! + (( %"!& ( (( 8 # # B(:6 6 7!$ ( '+ ( 8 ( : Page 13 Page 49 +9 ( 9 + () (. ( # (9(: > ) ! ( (+9 ( ++ ( 9& ( # (9 ( (+9 S ++ : 2,"50=, 6 & (, (8+ (( I ( 9& 8 ( ,,, ) (' % & ) 9F B 9 + (( (+9 S ++ ( (+ : H!" UurB rhr Hhpurr T hrt8yhv! "!! +9 (( 5 S# B ( ( ( ++ ( "%"&! C : 2,"50=, 6 & ( "! C ( (' I ( 9& B 2 7") # ! (= C! %! 2!++& +9 S ++ : H!# 7qtr! # $QrvhyDhps8pvyUh8hvt 6 (( 5 S# (8 (+9 + 9 ! 8 + ( *# #(' ( 0 ! 6' # ( # #+( 98 9( ) ( (9 ++ % ( 8&: 6 !$ ' ( # 9( -9 ( (+9 ++ ( (# ## S # ) ( +(# ! 6' + 9 " " ( ## (+:" ) 8 + ( ( # 0 ( ( 9*# ( $ 8 ! 6' 98 J% ( 8 &)# #( 8 + 0 :># ' ( ( #$ 9 8 ( # ( 28#: 6 ( !$ (# + ;9( ( # (($ ( : )#$ 9(#( ( + + : 6 ! $( !$ ' ( ( 28# *:> )# ' ( #(( ( ( + :/#8)# $ ( 28# # + )#(9(9 ! + (9 *: Page 14 Page 50 6 6 7!$ $( !$ + 8 ( (((( 8 #( ( (( ! 6':/#8) + + (( :6 6 7!$ + ( (+ # # 9+( 9 ( ( 9( )8# ( ' : # (# H: ) ( ( ## # 8# F (998 ( J :6 (# H: (( ( :># ( + # ( # #(9 (( + "+9 : +9 ( ( ! ( #(9 9 " !+++) 9( ) ( B ( $(5 +$ + (+ ++ ( ( # : +9(9( ( ( ( 9( ( ( +9 #( 89 ( # # ( )9# '+( (# + 9 ! 8 + ( # *:6 +9 (99 8 # *: +9 ( 8 J ( 9 (# # 9'+)("8 8 + #( 9 + +:6 +9 ( (( ( #( ( ( 8 : 2,"50=, 6 + & 0 ( ( 9*I 9& 8 99 ?: (?: I & B 9((9 ( "+9 + )# $ + + ( 9 9 I ( (& (" !++) 9( : H!$ 9ryrthrq9rpvvhxrvpruryhrrvt!! q Hh pu! " 6 (( /(6 +(+9 ((( # (9 $ (9 ( + ( : 2,"50=, 6 : Page 15 Page 51 H!% @pyvsQ rhqQiyvp 2,"50=, 6 ) ( # " %& 0 8 + D? ) 9 ( ' ((+ + F # 9 ( 88 ( '+ + ( ( 8 ( ( % & " ( : >#( 9) 9 ) 9 ( + 9 ( ( (# % &: H!& Srppyvt<XhrHhhtrr8 hp9rryrVqhr 6 (( ! "8 # (( +9 + 2 ( + ! % ! & (( ( $ + ( ;: 6 ! "8 8((+9 # 89 ++ ( ( 9 (8 )+ ( 8 / 2! ) 6"2 ) ( (* 6+ %*6& *(9 $ )*(9: 6 ! "8 (( # 9 ( #(+9 SB ( #$ > = !+ %>=!& : 2,"50=, 6 ( ( ! + ; : : H!' 8vphvhq@thtrr6pvvHrqvhHv! " # ! ( # 8 6 7!$)# + +'( ++ %+(&9 ( S R9 S+ ;) ('+ +! (2 %!2&( ( + (+ S B+ : 2( : ) +()+9( # ( ( $( 9 # # ( ++ $+ : -(+ )+9 $( %&2( (9 ( + ( 9 : +9 ++ (( !++ 2( " # (9 (8 + : +9 $(((8 # 9 ( ( ( ) ( 9 : > )+9 S ++ (B ) 6 7!$(8 ( !++ 7!++ 6+#( +9 S ( (+9 + ((9 ($ ) ( # (9 #( # # % ( &:
Page 16 Page 52 2,"50=, 6 & 8 ( )( ( ((8 9 " I ( 9& '+ (( ( +!2( ( + +B+ : H!( Thys qShqPr Cys r @vqr7hr vrTvrQ t rVqhr ! ( # 8 F 6 7!$ ( ! "8 )# 8(( ( 9 +( ) ( 8 (##(: 2,"50=, 6 & # >=! 9 ( ( + I 9& (8+ / 2! (6 0( " %60"& + $ I & ((+ + (+ I (& ( ( + % ?: : & (( % ?:: & (( ! "8 ) # ! ( = C! %! 2 5&!++) +$ ( ( (( 9 9 I ( & 8 ?: : + ;+$ : 6 + (: + ( ( : +:
Page 17 Page 53 This page is intentionally left blank
Page 1854 4
ASSOCIATION OF GREATER MANCHESTER AUTHORITIES
MINUTES OF THE EXECUTIVE BOARD HELD ON FRIDAY 30 AUGUST 2013 AT BURY TOWN HALL
BOLTON COUNCIL Councillor Cliff Morris
BURY COUNCIL Councillor Mike Connolly
MANCHESTER CC Councillor Sue Murphy
OLDHAM COUNCIL Councillor Shoab Akhtar
ROCHDALE MBC Councillor Peter Williams
SALFORD CC Councillor David Lancaster
STOCKPORT MBC Councillor Sue Derbyshire
TAMESIDE MBC Councillor Keiran Quinn
TRAFFORD COUNCIL Councillor Sean Anstee
WIGAN COUNCIL Councillor Peter Smith (in the Chair)
JOINT BOARDS AND OTHER MEMBERS IN ATTENDANCE
TfGMC Councillor Andrew Fender
GMFRS Councillor David Acton
GMWDA Councillor Neil Swannick
OFFICERS IN ATTENDANCE
Richard Paver GMCA Treasurer Sean Harriss Bolton Council Mike Kelly Bury Council Sir Howard Bernstein Manchester CC Charlie Parker Oldham Council Linda Fisher Rochdale MBC Barbara Spicer Salford CC Steve Houston Stockport MBC Steven Pleasant Tameside MBC Theresa Grant Trafford Council
1
Page 55 Donna Hall Wigan Council Mike Emmerich New Economy Jon Lamonte TfGM Steve Warrener TfGM John Atkins MAG Julie Connor ) Kerry Bond ) Greater Manchester Sylvia Welsh ) Integrated Support Team
22/13 APOLOGIES
Councillors Richard Leese, Jim McMahon, Colin Lambert and Matthew Colledge, Mayor Ian Stewart, Jim Taylor, Eamonn Boylan, Peter Fahy, Steve McGuirk, Mike Burrows, Russell Bernstein.
23/13 DECLARATIONS OF INTEREST
None received.
24/13 MINUTES OF THE EXECUTVE BOARD MEETING – 26 JULY 2013
RESOLVED/-
To approve the Minutes of the meeting held on 26 July 2013 as a correct record.
25/13 FORWARD PLAN OF STRATEGIC DECISIONS
RESOLVED/-
To note the Forward Plan.
26/13 HALLE EDUCATION – WORK PROGRAMME – PRESENTATION
The AGMA Executive Board received a presentation on the Halle Education Work Programme.
RESOLVED/-
To welcome the presentation and the work undertaken.
27/13 GROWTH COMPANY BOARD NOMINATIONS
The AGMA Executive Board received a report from Barbara Spicer, Chief Executive, Salford CC detailing suggested nominations to the MS Board to form the new Growth Company Board.
2
Page 56 RESOLVED/-
To nominate the following Members to the new Growth Company Board:
Lead portfolio holder for Growth – Councillor Richard Lease Lead portfolio holder for Business Support – Mayor Ian Stewart Lead portfolio holder for Work & Skills – Councillor Jim McMahon Lead portfolio holder for Marketing – Councillor Mike Connolly (Vacancy)
28/13 EXCLUSION OF PRESS AND PUBLIC RESOLVED/-
Under section 100 (A)(4) of the Local Government Act 1972 the press and Public should be excluded from the meeting for the following item of business on the grounds that this involves the likely disclosure of exempt information, as set out in paragraph 3, Part 1, Schedule 12A, Local Government Act 1972 and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
29/13 MANCHESTER AIRPORT CITY ENTERPRISE ZONE: PROPOSED GOVERNANCE ARRANGEMENTS AND LAND ASSEMBLY
The AGMA Executive Board received a report from Sir Howard Bernstein, Chief Executive Manchester City Council providing an update on the commercial terms which have been completed with Manchester Airport Group for the new lease on Airport City South and commercial arrangements proposed for the land which will form part of Airport City North. The report also addressed matters evidenced under the terms of the current Trust Deed for the Governance arrangements which are in place in managing the relationship between Manchester City Council and the nine District Councils in dealing with property matters with Manchester Airport Group plc involving land that is leased to the Airport and held in Trust by Manchester City Council for the other nine GM District Councils.
RESOLVED/-
1. To endorse the report and recommend approval of the following to the respective Cabinet/Executive meetings of the GM D district Councils:
To approve arrangements for varying the consultation arrangements with the nine Greater Manchester District Councils as set out in the 1994 Trust Deed.
3
Page 57 30/13 VARIATIONS TO THE LAND TENURE STRUCTURE TO SUPPORT DEVELOPMENT OF THE MANCHESTER AIRPORT ENTERPRISE ZONE ON AIRPORT CITY SOUTH AND AIRPORT CITY NORTH
The AGMA Executive Board received a report from Sir Howard Bernstein, Chief Executive Manchester CC updating authorities on the commercial terms which have been completed with Manchester Airport Group for the Airport City North land and the new lease on Airport City South.
RESOLVED/-
To endorse the report and recommend approval of the following recommendations to the respective Cabinet/Executive meetings of GM districts:
1. To approve the commercial terms agreed with MAG for the new leases on Airport City South and Airport City North and note the progress on other land issues on Manchester Business Park.
2. To agree to engage with the other nine Greater Manchester Councils through the Enterprise Zone Landowners Commissioning Board to agree the land transfers and subsequent property transactions/ developments.
3. To agree to finalise and complete all legal documentation required to give effect to these proposals.
4
Page 58 4
GREATER MANCHESTER COMBINED AUTHORITY
MINUTES OF THE GREATER MANCHESTER COMBINED AUTHORITY MEETING HELD ON FRIDAY 30 AUGUST 2013 AT BURY TOWN HALL
BOLTON COUNCIL Councillor Cliff Morris
BURY COUNCIL Councillor Mike Connolly
MANCHESTER CC Councillor Sue Murphy
OLDHAM COUNCIL Councillor Shoab Akhtar
ROCHDALE MBC Councillor Peter Williams
SALFORD CC Councillor David Lancaster
STOCKPORT MBC Councillor Sue Derbyshire
TAMESIDE MBC Councillor Keiran Quinn
TRAFFORD COUNCIL Councillor Sean Anstee
WIGAN COUNCIL Councillor Peter Smith (in the Chair)
JOINT BOARDS AND OTHER MEMBERS IN ATTENDANCE
TfGMC Councillor Andrew Fender
GMFRS Councillor David Acton
GMWDA Councillor Neil Swannick
OFFICERS IN ATTENDANCE
Sir Howard Bernstein GMCA Head of Paid Services Richard Paver GMCA Treasurer Sean Harriss Bolton Council Mike Kelly Bury Council Charlie Parker Oldham Council Linda Fisher Rochdale MBC Barbara Spicer Salford CC Steve Houston Stockport MBC Steven Pleasant Tameside MBC Theresa Grant Trafford Council Donna Hall Wigan Council Mike Emmerich New Economy Jon Lamonte TfGM Steve Warrener TfGM John Atkins MAG Julie Connor ) Kerry Bond ) Greater Manchester 1 Page 59 Sylvia Welsh ) Integrated Support Team
34/13 APOLOGIES
Councillors Richard Leese, Jim McMahon, Colin Lambert and Matthew Colledge, Mayor Ian Stewart, Jim Taylor, Eamonn Boylan, Peter Fahy, Steve McGuirk, Mike Burrows, Russell Bernstein.
35/13 DECLARATIONS OF INTEREST
None received.
36/13 MINUTES OF GMCA MEETING 26 th JULY 2013
RESOLVED /-
To approve the Minutes of the meeting he don 26 July 2013 as a correct record.
37/13 FORWARD PLAN OF STRATEGIC DECISIONS
RESOLVED/-
To note the Forward Plan.
38/13 CORPORATE RISK REGISTER
The Combined Authority received a report from GMCA Treasurer, Richard Paver detailing the revised GMCA Corporate Risk Register.
RESOLVED/-
To approve the Corporate Risk Register.
39/13 GM INVESTMENT STRATEGY
The Combined Authority received a report presented by Sir Howard Bernstein, Chief Executive, Manchester CC detailing a proposed investment strategy framework for the GMCA in support of the overall GM Strategy and the proposed governance arrangements and resources required to deliver the strategy and seeking authority for the creation of a post of Chief Investment Officer.
RESOLVED/-
1. To approve the overall investment strategy presented in the report, and to invite the LEP to consider it and to submit any comments to the GMCA as soon as possible.
2. To approve the proposals to appoint a Chief Investment Officer; to set up a Panel led by Keiran Quinn, the Leader with responsibility for Investment and Councillor Peter Smith, Chair of the GMCA to oversee the recruitment process and to make an appointment; and to invite the Chair of the LEP and one other member of the LEP nominated by the Chair to serve on the Panel.
2 Page 60 3. To nominate Councillor Peter Smith to sit on the recruitment panel.
4. To request Officers bring forward a further report on the creation of the GM Investment Board following consultation with the Leader with responsibility for Investment and the Chair of the LEP.
5. To receive a report on progress on the execution of the investment strategy by the end of this year.
40/13 YOUTH CONTRACT PROPOSAL
The Combined Authority received a report from Mike Emmerich, Chief Executive New Economy summarising the key elements of the Government’s invitation to wave one city deal areas, outlining progress to date in developing a GM proposal, key milestones and next steps.
RESOLVED/-
1. To delegate authority to Councillor Peter Smith as Chair of GMCA, working with Councillor Jim McMahon as Chair of the Skills and Employment Partnership, to finalise and sign off a proposal on behalf of GMCA in advance of the 20 th September deadline.
2. To agree that GM officers, led by New Economy, will continue to work with Liverpool City Region to develop a joint proposal.
41/13 TRANSPORT FOR GREATER MANCHESTER – APPOINTMENT OF CHIEF OPERATING OFFICER
The Combined Authority received a report from Jon Lamonte, Chief Executive TfGM seeking ratification for the appointment of a new Chief Operating Officer, with effect from September 2013, in accordance with Section 4.2.10 of the GMCA Operating Agreement.
RESOLVED/-
1. To note the conclusion of the recruitment process for the appointment of the Chief Operating Officer.
2. To ratify the appointment of Bob Morris as the Chief Operating Officer, and the remuneration package with effect from September 2013, in accordance with Section 4.2.10 of the GMCA Operating Agreement.
42/13 EXCLUSION OF PRESS AND PUBLIC
RESOLVED/-
That Under section 100 (A)(4) of the Local Government Act 1972 the press and Public be excluded from the meeting for the following item of business on the grounds that this involves the likely disclosure of exempt information, as set out in paragraph 3, Part 1, Schedule 12A, Local Government Act 1972 and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
3 Page 61 43/13 GM INVESTMENT FRAMEWORK AND CONDITIONAL PROJECT APPROVAL
The Combined Authority received a report seeking approval for the DataCentred, Project Alpine, Cutacre and De Trafford investment projects.
RESOLVED/-
1. To agree that the project funding applications detailed in the report be given conditional approval and progress to due diligence.
2. To agree to the reallocation of the funding for City Deal Growth Hub and Enworks from Regional Growth Fund 2 to Regional Growth Fund 3.
3. To delegate authority to the GMCA Treasurer and Monitoring Officer to review the due diligence information and, subject to their satisfactory review and agreement of the information and the overall detailed commercial terms of the transactions, to sign off any outstanding conditions, issue final approvals and complete any necessary related documentation in respect of the loans at a) above.
Chair
4 Page 62 National Park Authority Annual Meeting Minutes Page 1 5 July 2013
ANY AMENDMENTS TO THESE MINUTES WILL BE SHOWN WITHIN THE TEXT OF THE MINUTES FOR THE NEXT MEETING OF THIS COMMITTEE
MINUTES
Meeting: National Park Authority Annual Meeting
Date: 5 July 2013
Venue: Aldern House Baslow Road Bakewell Derbyshire
Chair: Clr A Favell
Present: Mr P Ancell, Mrs F Beatty, Clr Mrs B Beeley, Miss P Beswick, Clr P Brady, Clr C Carr, Clr D Chapman, Clr G Claff, Clr C Furness, Clr Mrs H Gaddam, Mr Z Hamid, Clr P Harrison, Clr Mrs N Hawkins, Clr Mrs C G Heath, Mr R Helliwell, Clr H Laws, Ms S Leckie, Clr S Marshall -Clarke, Clr A McCloy, Mr G D Nickolds, Mr C Pennell, Clr Mrs K M Potter, Clr P Rippon, Clr Mrs L C Roberts, Clr N Turner, Clr Mrs J A Twigg, Clr Ms E Wilcox
Apologies for absence: Clr D Birkinshaw
33/13 ELECTION OF CHAIR AND DEPUTY CHAIR OF THE AUTHORITY (A.11)
The meeting considered the election of the Chair and Deputy Chair of the Authority.
RESOLVED:
1. That Clr A Favell be elected Chair of the Authority for a term expiring at the Annual Meeting in 2014.
2. That Mr G D Nickolds be elected Deputy Chair of the Authority for a term expiring at the Annual Meeting in 2014.
Clr Favell took the Chair and thanked members for re-electing him for a further term.
34/13 CHAIR'S ANNOUNCEMENTS
The Chair reported that in the Queen’s birthday honours Steve Houghton, Leader of Barnsley Metropolitan Borough Council had been awarded a Knighthood and Ian Hurst, a former ranger, had received an MBE in recognition of his service to mountain rescue . He confi rmed that he had written to both recipients on behalf of the Authority to congratulate them.
The Chair welcomed the following newly appointed Members:
Clr A Botham, Clr S Marshall -Clarke and Clr Ms E Wilcox appointed by Derbyshire County Council and Clr P Rippon appointed by Sheffield City Council.
35/13 MINUTES
The minutes of the meeting held on 24 May 2013 were approved as a correct record and signed by the Chair.
36/13 DECLARATION OF INTERESTS
Page 63 National Park Authority Annual Meeting Minutes Page 2 5 July 2013
There were no declarations of interest.
37/13 8 REPORT OF THE MEMBER APPOINTMENT PROCESS PANEL – APPOINTMENT OF COMMITTEE CHAIRS AND VICE -CHAIRS AND ANNUAL APPOINTMENTS TO COMMITTEES, SUB-COMMITTEES, PANELS AND ADVISORY GROUPS AND MEMBER REPRESENTATIVE ROLES .111/JS)
The meeting considered the report of the Member Appointments Process Panel and considered each of the appointments in the order set out recommendations 1 to 9 in the report . In most cases the appointments were moved, seconded and approved in accordance with the suggestions in the rep ort. Any changes to the suggestions in the report are identified below:
Appointment of Vice Chair of Planning Committee. Two Members , Mr P Ancell and Clr Mrs J Twigg had expressed an interest in the role of Vice -Chair of Planning Committee. In accordanc e with a suggestion made by the Panel both candidate s provided a written statement which had been circulated to all Members in advance of the meeting. Before voting on the appointment Members had regard to paragraph 18 of the covering report which made ref erence to the requirements of Standing Order 1.39 which state that the appointments to the offices of Chairs and Vice Chairs of each of the standing committees shall normally be such that one of the offices shall be held by a Council Member and the other held by a Secretary of State Member.
Following a ballot Mr P Ancell was appointed as Vice Chair of Planning Committee as the Authority was of the view that the circumstances at that time merited a deviation from the “normal” arrangements. Following the vot e Clr Mrs L Roberts, Chair of the Planning Committee thanked Clr Mrs J Twigg for her help and support during her first year as Chair of the Committee.
Appointment to Audit, Resources and Performance Committee Before appointing Members to the Standing Committees it was noted that the report of the Panel had suggested that 2 local authority appointed members of Planning Committee be also appointed to the Audit, Resources and Performance Committee to maintain the proportionality requirements of the Environment Act. The Authority endorsed this approach and agreed that the appointments be made on that basis.
Appointment to Local Joint Committee The report of the Panel was amended to delete Clr Mrs Twigg, Clr A McCloy and the two vacancies and replace them with Clr Mrs B Beeley, Clr C Carr, Clr D Chapman and Mr A Hamid.
Appointment to Appeals Panel The report of the Panel was amended to delete the vacancy and replace it with Clr A McCloy.
Appointment to Strategic Advisory Group The report of the Panel was amended to delete Mrs F Beatty and Mr Z Hamid as Secretary of State nominations.
Appointment to Member Representative Roles The report of the Panel was amended to delete Mr R Helliwell from the members nominat ed to the Biodiversity role.
The Authority endorsed the principle of Clr Mrs L Roberts and Mr Z Hamid sharing the People and Communities role.
The nominations for Mrs F Beatty and Clr C Furness to the Economy role were moved and seconded, voted on, and Mrs F Beatty was appointed. Page 64 National Park Authority Annual Meeting Minutes Page 3 5 July 2013
Following his appointment as Vice Chair of the Planning Committee Mr P Ancell withdrew his nomination to the Asset Management role. As there were no further nominations Clr C Furness was appointed to this role.
It was moved and seconded that Clr Mrs J Twigg be nominated to the vacant Tourism role. The motion was put to the vote and carried.
RESOLVED: 1 To appoint the following Members to the offices of Chair and Vice Chair of the Standing Committees until the Annual Meeting in July 2014:
Planning Committee Chair: Clr Mrs L Roberts Vice Chair: Mr P Ancell
Audit Resources & Performance Chair: Mr C Pennell Committee Vice Chair: Clr C Furness
2. To appoint Members to the Planning Committee, and the Audit Resources & Performance Committee as set out below until the Annual Meeting in July 2014:
Planning Audit Resources & Performance
Chair: Clr Mrs L Roberts Chair: Mr C Pennell Vice Chair: Mr P Ancell Vice Chair: Clr C Furness
Miss P Beswick Clr D Birkinshaw Clr D Birkinshaw Mrs F Beatty Clr R P H Brady Clr A Botham Clr C Carr Clr Mrs B Beeley Clr D Chapman Clr G Claff Clr A Favell Clr A Favell Clr Mrs H M Gaddum Mr Z Hamid Clr Mrs N Hawkins Clr P Harrison Clr H Laws Clr Mrs C G Heath Mr G D Nickolds Mr R Helliwell Mr C Pennell Ms S Leckie Clr Mrs K Potter Clr S Marshall-Clarke Clr P Rippon Clr A McCloy Clr Mrs J Twigg Mr G D Nickolds Clr Ms E Wilcox Clr Mrs L Roberts Clr Mrs N Turner Vacancy (Local Authority Member)
3. To appoint the following Members to the Urgent Business Items Sub- Committee until the Annual Meeting in July 2014:
Chair and Deputy Chair of the Clr A Favell Authority Mr G Nickolds
Chair and Vice Chair of Planning Clr Mrs L Roberts Committee Mr P Ancell
Chair and Vice Chair of Audit Mr C Pennell Resources & Performance Committee Clr C Furness
Page 65 National Park Authority Annual Meeting Minutes Page 4 5 July 2013
4. To appoint the following Members to the Local Joint Committee until the Annual Meeting in July 201 4:
Clr D Birkinshaw Clr C Carr Clr Mrs B Beeley Clr P Harrison Clr D Chapman Mr Z Hamid Clr G Claff Clr Mrs K Potter Clr C Furness
5. To appoint the following Members to the Appeals Panel until the Annual Meeting in July 201 4:
Clr A Favell Mr P Ancell Clr G Purdy Miss P Beswick Clr Mrs N Turner Clr R P H Brady Clr Mrs J Twigg Clr A McCloy
6. To appoint the following Members to the Strategic Advisory Group until the Annual Meeting in July 201 4:
Chair and Deputy Chair of the Clr A Favell Authority Mr G Nickolds
Chair and Vice Chair of Planning Clr Mrs L Roberts Committee Mr P Ancell
Chair and Vice Chair of Audit Mr C Pennell Resources & Performance Committee Clr C Furness
Councillor Clr G Claff
Secretary of State Miss P Beswick
Parish Clr A McCloy
7. To appoint the following Members the Budget Monitoring Group until the Annual Meeting in July 201 4:
Chair and Vice Chair of Audit Mr C Pennell Resources & Performance Committee Clr C Furness
Chair of the Authority Clr A Favell
One other member Mrs F Beatty
8. To appoint the following Members to Member Representative roles until the Annual Meeting in July 201 4:
Landscape Mr C Pennell Cultural Heritage Miss P Beswick Biodiversity Mr G D Nickolds Climate Change Clr A McCloy People & Communities Clr Mrs L Roberts & Mr Z Hamid Recreation Clr D Chapman Promoting Understanding Ms S Leckie Tourism Mrs J Twigg Economy Mrs F Beatty Asset Management Clr C Furness
Page 66 National Park Authority Annual Meeting Minutes Page 5 5 July 2013
9. To confirm that all the appointments above be approved duties for the payment of travel and subsistence allowances.
38/13 9 MEMBER REPRESENTATION ON OUTSIDE BODIES (A.1155/RC)
This report requested the appointment of Members to represent the Authority at meetings of various other organisations (Ou tside Bodies).
RESOLVED:
1. To appoint Members and Deputy Members to the Outside Bodies as set out in Appendix 1 attached to the Minutes. The appointments to expire at the Annual Meeting in July 2014.
2. To confirm that attendance at meetings of outside bodies be an approved duty for the purpose of the payment of travelling and subsistence allowances.
3. To ask Members appointed to outside bodies to produce a short annual report on activities, as appropriate, for the Member e-zine.
39/13 10 ME MBERS’ ATTENDANCE ANNUAL RETURN (A.111/ JS)
The meeting considered the annual return of Member’s attendance at Authority and Committee meetings and Training and Development events for 201 2/13.
RESOLVED:
That the annual return of members’ attendanc e for 2011/12 be noted.
40/13 11.1 REVIEW OF THE LOCAL DEVELOPMENT SCHEME (A.6101/BJT)
The meeting considered a report on the revised Local Development Scheme, which established an updated work programme for producing development plan documents.
RESOLVED:
1. To approve the revised Local Development Scheme.
2. To delegate authority to the Director of Planning, in consultation with the Chair of the Authority, to agree future minor technical revisions to the Local Development Scheme to enable it to remain up to date, accurate and relevant.
41/13 11.2 CALENDAR OF MEETINGS 2014 (A.111/RC)
The meeting considered a report setting out proposals for a schedule of meetings from 1 January 2014 to 31 December 2014. The Director of Corporate Resources reported that the proposal to hold a meeting of the Audit Resources and Performance Committee on 24 October 2014 should be deleted as the additional meeting was no longer required.
RESOLVED:
To approve the calendar of meetings for 2014 as set out in appendix 2 of these minutes.
42/13 CHAIRS ANNOUNCEMENTS
Page 67 National Park Authority Annual Meeting Minutes Page 6 5 July 2013
Before moving to the motion to exclude the press and public the Chair reported that over the forthcoming weekend it would be the 10 th Anniversary of the appointment of Mr Jim Dixon as Chief Exe cutive of the National Park Authority. On behalf of Members Mr Dixon had been presented with a card and cake, thanked for his on-going contributions and offered best wishes for the future.
Members expressed their thanks to all those involved in organising the 2013 Members Tour on 28 June 2013, particularly Jenny Waller, Area Team Manager . It was agreed that the Moors for the Future briefing circulated on the day would be forwarded to those Members who had been unable to attend the tour.
43/13 EXCLUSION OF PRESS AND PUBLIC
RESOLVED:
To exclude the public from the meeting during consideration of Agenda Item Nos. 7 and 8 to avoid the disclosure of Exempt Information under S100 (A) (4) Local Government Act 1972, Schedule 12A, Paragraph 1 “Information relating to any individual”, Paragraph 2 “Information which is likely to reveal the identity of an individual”, Paragraph 3 “Information relating to the financial or business affairs of any particular person (including the authority holding that informatio n)” and Paragraph 5 “Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.”
PART B
44/13 7. EXEMPT MINUTES OF THE MEETING HELD ON 24 MAY
The exempt minutes of the meeting held on 24 May 2013 were approved as a correct record subject an amendment to minute 32/13 to record that Clr Mrs K Potter left the meeting before consideration of item 11.
Meeting ended 10.55pm
Page 68 National Park Authority Annual Meeting Minutes Page 7 5 July 2013
APPENDIX 1 - Minute No 38/13 refers
Appointment to Outside Bodies – July 2013
Campaign for National Parks One Member: Clr Mrs L Roberts Deputy: Clr Mrs J A Twigg
Culture Derbyshire One Member: Miss P Beswick
Derby and Derbyshire Economic Partnership Rural One Member: Clr Mrs J A Twigg Forum One Deputy: Clr C Carr
Derbyshire Health and Wellbeing Stakeholder One Member: Mr G D Nickolds Engagement Forum
Derbyshire Sport One Member: Mr G D Nickolds One Deputy: Clr S Marshall-Clarke
Derbyshire Archaeological Advisory Committee One Member: Clr C Furness
Derbyshire Environment Trust One Member: Miss P Beswick One Deputy: Mr R Helliwell
Derbyshire Partnership Forum One Member: Clr J Chapman One Deputy: Clr Mrs J Twigg
Derwent Valley Community Rail Partnership One Member: Clr C Furness
East Midlands Councils One Member: Mr G D Nickolds One Deputy: Clr Mrs J Twigg
Europarc Authority Chair
Hope Valley and High Peak Community Rail One Member: Clr A Favell Partnership
Land Managers Forum Authority Chair and Deputy Chair Two Members: Clr D Chapman, Mrs F B eatty One Deputy: None appointed
Moors for the Future Partnership Group Two Members as Chair and Deputy Chair of the Group: Chair: Mr G Nickolds Deputy Chair: Mr C Pennell One Deputy: Clr D Chapman
Oldham & National Park Partnership One Member: Clr Mrs B Beeley
Peak District and Derbyshire Destination Management One Member: Clr Mrs J Twigg Partnership Board
Page 69 National Park Authority Annual Meeting Minutes Page 8 5 July 2013
Peak District Biodiversity Action Plan Partnership One Member: Mr G Nickolds One Deputy: Mr R Helliwell
Peak District Interpretation Partnership One Member: Ms S Leckie
Peak District Local Access Forum One Member: Clr N Turner
Peak District National Park Youth Forum Group One Member: Mr Z Hamid
Peak Park Parishes' Forum Annual Liaison Meeting One Member: Authority Chair One Deputy: De puty Chair
Peak District Partnership (Formerly Derbyshire Dales One Member: Clr P Harrison and High Peak Local Strategic Partnership) One Deputy: Clr Mrs J Twigg
Rural Action Derbyshire One Member: Clr A McCloy
Sheffield City Region Forum One Member: Chair of Authority One Deputy: As nominated by Chair according to the agenda items
Staffordshire Destination Management Partnership – One Member: Mrs F Beatty Strategic Committee
National Parks UK (formerly UK Association of One Member: Authority Chair National Park Authoriti es ) and National Parks England One Deputy: Deputy Chair (formerly English National Park Authorities Association )
Page 70 National Park Authority Annual Meeting Minutes Page 9 5 July 2013
APPENDIX 2 - Minute No 41/13 refers
Calendar of Meetings 2014 Bank Holidays 2014 - 1 Jan, 18 & 21 Apr, 5 & 26 May, 25 Aug, 25 & 26 Dec
2014
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Authority 7 14 23 4 3 5 AGM
Audit Resources & 24 21 6 18 19 7
Page 71 Performance
Local Joint 6 7
Planning 10 14 7 11 16 13 11 8 12 10 14 12
Si te Visits 9 13 6 10 15 12 10 7 11 9 13 11
Strategic Advisory Group 7 9 18 7
Member Workshop 5 31 21
24 23 27 18 21 Other events Budget Budget Budget Budget Annual Tour Monitoring Monitoring Monitoring Monitoring 20 26 17 Essential Tr aining Member Planning (1) Planning (2) Induction
This page is intentionally left blank
Page 72 13A
MINUTES OF THE PROCEEDINGS OF THE MEETING OF THE TRANSPORT FOR GREATER MANCHESTER COMMITTEE, HELD ON 12 JULY 2013
Present : Councillor Fender (in the Chair).
Councillors Ahmed, Aldred, Bayley, Bellis, Bradbury, Briggs, Clayton, Colledge, Cordingley, Corris, Chadwick, Dean, Dickinson, Dillon, Fender, Fitzpatrick, Garrido, Godson, Grimshaw, Harkin, Holland, Jones, Paul, Rawlins, Reilly, Robinson, Smethurst, Walters, Warner, Wild and Wright.
Apologies: Councillors Bray and Duckworth.
TfGMC13/24 CHAIR’S ANNOUNCEMENTS AND URGENT BUSINESS
(a) Training
The Chair explained that a training session for Members on the topics of an Introduction to TfGMC and Bus Services in Greater Manchester had been arranged to take place at the rise of TfGMC.
(b) Greater Manchester Accessible Transport Ltd (GMATL)
Members of GMATL were reminded that a meeting of the GMATL Board was to take place at the rise of TfGMC.
(c) David Partington MBE
Members congratulated David Partington, a Transport for Greater Manchester (TfGM) employee who had been awarded a MBE medal in the Queen’s Birthday Honours, following years of working in supporting access to transport and travel for disabled people.
(d) Metrolink Works
The Chair informed Members of a number of planned weekend possessions on the Metrolink network which would commence on 13 July 2013.
(e) DfT Clean Bus Technology Fund
In response to an enquiry from a Member, officers clarified the commercial confidentiality reasons why this item was to be considered in the closed section. A Member suggested that in future, such matters should be raised in advance of the meeting.
TfGMC13/25 DECLARATIONS OF INTEREST
There were no declarations of interest made by any Member regarding any item on the agenda.
1 Page 73 TfGMC13/26 MINUTES
The Minutes of the proceedings of the TfGMC Annual and Ordinary meetings, which were held on 14 June 2013, were submitted.
In response to an enquiry from a Member in relation to System One passes officers explained that the issue of pricing was to be considered at a forthcoming meeting of the Greater Manchester Travelcards Limited (GMTL) Board and that a decision was expected soon.
Resolved/-
That the Minutes of the proceedings of the TfGMC Annual and Ordinary meetings, held on 12 June 2013 be approved as a correct record.
TfGMC13/27 MINUTES FROM SUB COMMITTEES
(a) Bus Network and TfGM Services Sub Committee
The Minutes of the proceedings of the Bus Network and TfGM Services Sub Committee meeting, held on 21 June 2013 were submitted.
Following an enquiry from a Member regarding Hindley Local Link, officers undertook to provide an update on this matter at the next meeting of the Bus Network and TfGM Services Sub Committee.
Resolved/-
That the Minutes if the proceedings of the Bus Network and TfGM Services Sub Committee meeting held on 21 June 2013 be noted.
(b) Metrolink and Rail Networks Sub Committee
The Minutes of the proceedings of the Metrolink and Rail Networks Sub Committee meeting, held on 28 June 2013 were submitted.
A Member sought on update on the Northern Scholars’ ticket. In response officers undertook to contact Northern Rail for them to provide information to the Member concerned.
Resolved/-
That the Minutes if the proceedings of the Metrolink and Rail Networks Sub Committee meeting held on 28 June 2013 be noted.
(c) Capital Projects and Policy Sub Committee
The Minutes of the proceedings of the Capital Projects and Policy Sub Committee meeting, held on 5 July 2013 were submitted.
2 Page 74
Resolved/-
That the Minutes if the proceedings of the Metrolink and Rail Networks Sub Committee meeting held on Capital Projects and Policy Sub Committee meeting, held on 5 July 2013 be noted.
TfGMC13/28 FORWARD LOOK
Members received a report that presented them with a Forward Look of key work streams requiring decisions from the Transport for Greater Manchester Committee over the next four months.
Following an enquiry by a Member, officers explained that an update on the GMATT/L governance would be presented to a forthcoming meeting of this Committee once the future governance arrangements for GMATT had been confirmed.
Resolved/-
That the Forward Look be noted.
Section 2 - TfGMC Recommendations for Further Approval by GMCA
There were no items requiring further approval by GMCA reported.
Section 3 - Items for Resolution by TfGMC
TfGMC13/29 APPOINTMENT OF TfGMC CYCLING CHAMPION
A report was presented which proposed the Terms of Reference for the TfGMC Cycling Champion and sought the appointment of a TfGMC Member as the TfGMC Cycling Champion for 2013/14.
A nomination for Councillor Chris Paul was moved and supported.
Resolved/-
1.) That the Terms of Reference of the TfGMC Cycling Champion be noted. 2.) That the appointment of Councillor Chris Paul as the TfGMC Cycling Champion for 2013/14 be agreed.
TfGMC13/30 APPOINTMENT TO RING AND RIDE STEERING GROUP
Members considered an appointment to the Rochdale Ring and Ride Steering Group for 2013/14.
Resolved/-
3 Page 75 That the appointment of Councillor Shakil Ahmed to the Rochdale Ring and Ride Steering Group for 2013/14 be agreed.
Section 4 – Items for Information
TfGMC13/29 REVENUE BUDGET MONITORING 2013/14
A report was presented which informed Members of the latest position in respect of the 2013/14 revenue budget and the revenue budget outturn for 2012/13.
In response to an enquiry from a Member, officers explained that TfGM was one of the first Authorities to have their accounts signed off by auditors.
Following an enquiry from a Member regarding Metrolink revenue and reserves, officers explained that these were historic reserves and Members noted that performance on this was on budget plan and inline with the strategy of the Greater Manchester Transport Fund.
With regard to the £1.51 million variance for concessionary support, it was noted that this was due to the forecast for the year being slightly lower than budgeted.
Resolved/-
1.) That the 2012/13 revenue outturn budget resulted in a small surplus of £0.11 million, subject to audit, compared to the budgeted break even position, be noted. 2.) That the latest revenue forecast for 2013/14 was projecting a breakeven position, be noted and that this was in line with the budget, as summarised in section 2.1 of the report.
TfGMC13/30 DEANSGATE-CASTLEFIELD TRAM STOP – PRESENTATION
Member received a presentation which set out the proposals to upgrade the Deansgate-Castlefield tram stop that would increase the platform area, improve facilities for passengers, facilitate surrounding development proposals and support network growth.
Members noted that the scheme would include:-
(a) the provision of a new inbound island platform with 2 tracks; (b) the provision of a new outbound side platform with 1 track; (c) 2 new cross-overs, allowing turnbacks in both directions; (d) the refurbishment of the existing footbridge to the rail station (e) the provision of a new lift and steps to Deansgate and Whitworth Street west; (f) the provision of a new canal pedestrian bridge and steps to First Street and Whitworth Street West.
Following an enquiry from a Member, officers confirmed that the existing structure of the footbridge was to be retained.
4 Page 76
A Member enquired if the exits to Castlefield were also included in the refurbishment plans. In response, officers confirmed that these areas were not included in these proposals.
A Member commented that the lack of roof on the walkway to the rail station was disappointing. A Member explained that the installation of an increased number of shelters on platforms would create a more attractive waiting environment than the current covered walkway.
Members highlighted the possible vandalism issues associated with glazed units and explained the benefits of self cleaning glass.
A Member sought clarification on the maintenance and cleaning regime for the proposed walkway.
In response to a suggestion from a Member for the works to commence in January rather than December, so that services were not disrupted in the build up to Christmas, officers explained that trams would continue to operate as normal whilst the refurbishment works were taking place.
A Member enquired if cycling facilities could be introduced at the tram stop. In response, officers explained that this matter would be explored.
Resolved/-
That the presentation be received with thanks and noted.
TfGMC13/31 EXCLUSION OF THE PRESS AND PUBLIC
Resolved/-
That, under section 100 (A)(4) of the Local Government Act 1972 the press and public should be excluded from the meeting for the following items of business on the grounds that this involves the likely disclosure of exempt information, as set out in paragraphs 1,2 and 3, Part 1, Schedule 12A, Local Government Act 1972 and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
TfGMC13/32 DfT CLEAN BUS TECHNOLOGY FUND
A report was presented which informed Members of the recent announcement by the Department for Transport of a Clean Bus Technology Fund and sought delegated authority for approval of any proposed bid that was to be submitted on behalf of the Transport for Greater Manchester Committee.
Following an enquiry by a Member, officers clarified the rules regarding carbon dioxide and carbon monoxide issues as part of the bid submission.
Resolved/-
5 Page 77
1.) That the details of the Clean Bus Technology Fund, as set out in the report be noted. 2.) That authority be delegated to the Head of the Paid Service, GMCA and the Chief Executive of TfGM, in consultation with the Chair of TfGMC, the three Vice Chairs of TfGMC and the Leader of the Liberal Democrat Group, to consider the approval of any proposed TfGM bid to the Clean Bus Technology Fund, be granted; and 3.) That the work being undertaken to develop a Better Bus Area submission to DfT by TfGM on behalf of GMCA, ahead of the revised deadline of 5 July 2013, be noted.
TfGMC13/33 PROPERTY DISPOSAL
Members considered a report regarding the disposal of land identified within the report
A Member welcomed the proposal and hoped that bus services would be encouraged to route services via this station.
With regard to comments raised by Members in relation to associated costs for this development, officers explained that costs regarding staff time were expected to be limited and that maintenance costs for CCTV equipment would be incurred by TfGM.
Resolved/-
That approval for the disposal of land, as set out in the report, be granted.
6 Page 78 MINUTES OF A MEETING OF THE GREATER MANCHESTER FIRE AND RESCUE AUTHORITY
HELD ON 5th SEPTEMBER 2013
Present:
Councillor David Acton (Chairman), Councillor Tommy Judge (Vice- Chairman), Councillors John Bell (Deputy Chairman), Mohammed Ayub, Walter Brett, Lynda Byrne, Basil Curley, Jim Dawson, Jim Ellis, Hilary Fairclough, Grace Fletcher-Hackwood, Daniel Hawthorne, Derek Heffernan, James Hennigan, Bernard Judge, Bryan Leck, Iain Lindley, Alan Matthews, Amna Mir, Sheila Newman, John O'Brien, Shaun O'Neill, Michael Smith, Stella Smith, Fred Walker, Steve Williams, George Wilson and Michael Whetton
Also in Attendance: Steve McGuirk (County Fire Officer & Chief Executive), Jim Owen (Deputy County Fire Officer), Donna Hall (Clerk to the Authority, Wigan Council), Paul Argyle (Director of Emergency Response), Ged Murphy (Director of Finance and Technical Services), Peter O'Reilly (Director of Prevention and Protection), Donna Parker (Democratic Services Manager), Andrew Taylor (Assistant Director of Resources, Wigan Council), Gwynne Williams (Deputy Clerk and Authority Solicitor) and Shelley Wright (Director of Corporate Communications)
22. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors Barrie Holland and Brian Rigby.
23. MINUTES OF PREVIOUS MEETING
The Minutes of the Meeting held on 27 th June 2013 were approved as a correct record and signed by the Chairman.
24. DECLARATIONS OF INTEREST
Councillors David Acton (Chairman), Basil Curly and Grace Fletcher- Hackwood declared a personal interest in Minute 40 – ‘Development Goal – Operational Training Site’ by virtue of being a M ember of the Union Unite.
Councillor Tommy Judge (Vice-Chairman) declared a personal and prejudicial interest in Minute 40 – ‘Development Goal – Operational Training Site’ by virtue of being a Member of the Union Unite and receiving election expenses in the past.
The Clerk reported that in consultation with the Independent Person a dispensation had been granted to the five Manchester City Council Members namely, Councillors Basil Curley, Grace Fletcher-Hackwood, James Hennigan, Tommy Judge and Sheila Newman, to allow them to remain in the meeting during the item to speak but not vote on any matters relating to
Page 79
Manchester City Council at meetings of Greater Manchester Fire and Rescue Authority, any Committee or Sub-Committee of Greater Manchester Fire and Rescue Authority and any joint committee or joint sub-committee on which the Authority is represented in relation to contracts which were made between Greater Manchester Fire and Rescue Authority and Manchester City Council in relation to Development Goal 20 – Operational Training Site. This was granted on the grounds that without the dispensation Members of Manchester City Council could be unnecessarily excluded from the consideration of Development Goal 20 – Operational Training Site. The dispensation was granted pursuant to (Section 33(2)(e) of the Localism Act 2011)(Minute 40 refers).
25. EXCLUSION OF PRESS AND PUBLIC
Resolved: That the public be excluded from the meeting when the following items were considered for the reasons set out below:-
Agenda Title Minute Description of Exempt Item No. No. Information by reference to the paragraph number in Schedule 12A of the Local Government Act 1972 E.1 Procurement Process For 42. 3. (Information relating to Thermal Imaging Scanners the financial or business affairs of any person or organisation, including the Authority)
E.2 Procurement Process For 43. 3. (Information relating to Cold Cutting Ultra High the financial or business Pressure Equipment affairs of any person or Retro -Fitted to Existing organisation, including the Pumping Appliances Authority)
26. URGENT BUSINESS (IF ANY)
There were no items of urgent business submitted.
27. CHAIRMAN'S ANNOUNCEMENTS
1. A minute’s silence was observed at t he commencement of the meeting in memory of Firefighter Stephen Hunt who tragically died on 13 th July 2013 when attending a fire at Paul’s Hair World on Oldham Street in Manchester (Minute 34 refers).
2. The Chairman reminded Members that a ‘Member Visit to Leigh Technical Services Centre’ was taking place on Thursday 12 th September 2013 commencing at 9.30am. All Members were encouraged to attend.
Page 80
3. The Chairman informed Members that a Member Training and Development Session on ‘Partnership Model and Referral Pathway for People at Increased Risk of Fire’ would take place at the rise of the next meeting of the Authority on Thursday 17 th October 2013. The Session would be hosted by the Prevention and Protection Team. All Members were encouraged to attend.
4. The Chairman advised Members that a meeting of the Communities and Local Government Committee was taking place on Monday 9 th September 2013 at the House of Commons. The County Fire Officer and Chief Executive had been invited to attend and provide evidence into the Sir Ken Knight’s Review of the Fire and Rescue Authorities in England inquiry. 5. The Chairman advised Members that GMFRS has won an ‘International Green Apple Award for Best Environmental Practice in the Public Sector’. GMFRS was judged against 500 ot her entrants and the award ceremony was taking place in the House of Commons in November 2013. 6. The Chairman advised Members that wristbands in memory of Firefighter Stephen Hunt were now available to purchase from FSHQ Reception for a donation of £1.00. All donations would go to the fund set up in memory of Stephen for his dependants. The band and wording had been designed by Stephen’s colleagues at Philips Park Fire Station.
28. QUESTIONS (IF ANY) UNDER STANDING ORDER 7
There were no questions submitted.
29. MINUTES OF MEETING THURSDAY, 20 JUNE 2013 OF AUDIT, SCRUTINY AND STANDARDS COMMITTEE
The Minutes of the proceedings of the Audit, Scrutiny and Standards Committee held on 20 th June 2013 were submitted (Appendix 1).
Resolved: That the proceedings of the Audit, Scrutiny and Standards Committee held on 20 th June 2013, be approved.
30. MINUTES OF MEETING THURSDAY, 27 JUNE 2013 OF POLICY, RESOURCES AND PERFORMANCE COMMITTEE
The Minutes of the proceedings of the Policy, Resources and Performance Committee held on 27 th June 2013 were submitted (Appendix 2).
Resolved: That the proceedings of the Policy, Resources and Performance Committee held on 27 th June 2013, be approved.
31. MINUTES OF MEETING THURSDAY, 11 JULY 2013 OF EMERGENCY RESPONSE COMMITTEE
Page 81
The Minutes of the proceedings of the Emergency Response Committee held on 11 th July 2013 were submitted (Appendix 3).
Resolved: That the proceedings of the Emergency Response Committee held on 11 th July 2013, be approved.
32. MINUTES OF MEETING THURSDAY, 18 JULY 2013 OF PREVENTION AND PROTECTION COMMITTEE
The Minutes of the proceedings of the Prevention and Protection Committee held on 18 th July 2013 were submitted (Appendix 4).
Resolved: That the proceedings of the Prevention and Protection Committee held on 18 th July 2013, be approved.
33. MINUTES OF MEETING THURSDAY, 25 JULY 2013 OF POLICY, RESOURCES AND PERFORMANCE COMMITTEE
The Minutes of the proceedings of the Policy, Resources and Performance Committee held on 25 th July 2013 were submitted (Appendix 5).
Resolved: That the proceedings of the Policy, Resources and Performance Committee held on 25 th July 2013, be approved.
34. UPDATE PAUL'S HAIR WORLD INCIDENT, OLDHAM STREET, MANCHESTER
Consideration was given to a report of the County Fire Officer and Chief Executive which provided a detailed update on the work following the tragic death of Firefighter Stephen Hunt and the establishment of an Operational Cranbrook Support Team and an Out of Scope Support Group.
Members were advised that on Saturday 13 th July 2013 GMFRS attended a fire at Paul’s Hair World on Oldham Street in Manchester City Centre which resulted in the tragic death of one Firefighter, Stephen Hunt, and injury to a second, Jeremy Jones. Following the events that unfolded that night Greater Manchester Police (GMP) and the Health and Safety Executive (HSE) were conducting investigations to establish the facts surrounding the incident. GMFRS had brought together a dedicated team to, at this time, support GMP and HSE in expediting their investigations. All other Service actions would be dealt with by the Operation Cranbrook Out of Scope Team. Merseyside Fire and Rescue Service were providing an investigation into the cause and development of the fire and West Yorkshire Fire and Rescue Service were providing technical guidance of fire and rescue service practice and procedure also a peer review of the fire investigation.
The Fire Service funeral with full ceremonial honours for Firefighter Hunt took place on Tuesday 3 rd September 2013 at Bury Parish Church followed by a private family service at East Lancashire Crematorium in Radcliffe. The Director of Prevention and Protection provided a detailed briefing on the funeral and the arrangements which had taken place to plan such an event.
Page 82
The funeral was very emotional and over a thousand firefighter and emergency services workers had attended to pay their respects along with representatives from each Fire and Rescue Services throughout the UK.
It was reported that Firefighter Jeremy Jones who was also injured in the incident was making a good recovery.
The Chairman took the opportunity to pay tribute to the County Fire Officer and Chief Executive along with his Corporate Leadership Team and all Officers involved in both the investigation and the funeral arrangements for their hard work and commitment at this sad and difficult time.
In addition, the Chairman thanked all Members of the Authority and colleagues at their home authorities for their support.
Resolved: That the report and comments raised, be noted.
35. UPDATE ON COUNTY GUARD (VERBAL UPDATE)
The Director of Emergency Response was in attendance and provided a verbal update on County Guard. He reported that a ballot for national industrial action had closed on Thursday 29 th August 2013, with a 78% yes vote (approximately 60% turnout). The vote was in response to the Government’s proposed changes to pensions. This was a dispute between the union and the Government and not GMFRS and its firefighters. Currently no strike dates had been confirmed. However, a national agreement had been signed to urge the creation of local agreements between Brigades and local Fire Brigades Union (FBU) officials, to cover any major incidents.
GMFRS Business Continuity Management Plan ‘County Guard’ had been launched prior to the end of the ballot and recruitment for Emergency Fire Crews (EFC) begun on Wednesday 24 th July 2013. The first wave of recruitment had successfully resulted in over 100 trained EFC’s and Emergency Fire Drivers being in place. The second wave of training would commence on Monday 9 th September 2013. Emergency fire cover required 21 fire engines at key locations to respond to fire and other incidents that would be strategically placed following detailed mapping of risks and incidents.
The service that the Emergency Fire Crews would provide would not be on the same level as the highly trained crews provide. It would be basic fire cover and would be in accordance with the training they had received. This was about public safety to protect the people of Greater Manchester in case of a strike.
Members welcomed the informative update and a briefing note was circulated for Members’ information. A series of questions were raised with regards to the recruitment process to date, the cost of County Guard and how implementing the Plan had affected current workloads. These questions were answered accordingly by Officers.
Page 83
The County Fire Officer and Chief Executive took the opportunity to thank all Officers involved in the implementation of County Guard especially the trainers for all their hard work and commitment during this process.
Members had previously granted delegated authority to the Chief Fire Officer and Chief Executive in relation to the dispute at the meeting of the Authority on 11 th October 2011 (Minute 61 refers).
Resolved: That the verbal update and comments raised, be noted.
36. PROPOSALS FOR OPERATIONAL RESTRUCTURING
Consideration was given to a report of the County Fire Officer and Chief Executive which presented the proposed changes to the current operational establishment and planned re-deployment of resources that were subject to a six week consultation period which commenced on 12 th August 2013.
The Director of Emergency Response was in attendance and gave a presentation on the proposed changes to the operational establishment and associated resource deployment that were necessary as part of a range of planned measures, being delivered to address the budgetary constraints being applied to the Authority. The Members of the Authority most directly affected by these changes had already been given a full workshop explaining the reasons and background behind the proposals.
The stations affected included Ashton, Broughton, Bury, Heywood, Chadderton, Leigh, Manchester Central, Moss Side, Mossley, Oldham, Phillips Park, Ramsbottom, Stalybridge and Whitehill.
Members welcomed the informative presentation and asked a series of questions regarding the actual financial savings and the strategic reserve appliances which were answered accordingly by Officers.
Resolved: That:
1. The content of the report, presentation and comments raised, be noted.
2. The need to make changes to operational resource deployment to meet the approved budget, be noted.
3. The six week consultation period on the proposals, as detailed in the report, commencing on 12 th August 2013, be noted.
4. Delegated authority be given to the County Fire Officer and Chief Executive in consultation with the Chairman of the Authority to determine and implement changes to operational resource deployment, that will be informed by the outcome of the consultation process.
5. That a report detailing the action taken be submitted to a future meeting of the Authority or relevant Committee in due course.
Page 84
37. ANNUAL REPORT & ANNUAL STATEMENT OF ASSURANCE FOR 2012-13
Consideration was given to a report of the County Fire Officer and Chief Executive which presented the final year outturn progress against the Corporate Plan 2012/15 priorities and targets for 2012/13 through the Service’s Annual Report. A copy of the Annual Report 2012/13 was attached at Appendix A of the report.
The Fire and Rescue National Framework for England (2012) had introduced a requirement for all English fire and rescue authorities to produce an Annual Statement of Assurance. The purpose of the Statement of Assurance was to provide assurance to the government and the communities of Greater Manchester on financial, governance and operational matters. The Statement of Assurance was attached at Appendix B and would be published on the Authority’s website once approved.
Resolved: That:
1. The Annual Report 2012/13, as detailed at Appendix A of the report, be approved.
2. The Annual Statement of Assurance 2012/13, as detailed at Appendix B of the report, be approved.
38. LGA ANNUAL CONFERENCE AND EXHIBITION 2ND TO 4TH JULY 2013 - FEEDBACK
Consideration was given to a report of the County Fire Officer and Chief Executive which provided feedback from the LGA Annual Conference and Exhibition 2013 which took place from 2 nd to 4 th July 2013 at the Manchester Central Convention Complex.
It was reported that the next Conference was due to take place on 8 th to 10 th July 2014 in Bournemouth.
Resolved: That the content of the report, be noted.
39. PERFORMANCE REPORT QUARTER 1 (1ST APRIL 2013 TO 30 JUNE 2013)
Consideration was given to a report of the County Fire Officer and Chief Executive which summarised the progress made against the development and delivery goals contained within the Corporate Plan 2013/16 and overall corporate performance for the period covering Quarter 1 2013/14 (1 st April to 30 th June 2013).
Members were advised that the Corporate Plan 2013/16 contained 19 ‘Corporate Development Goals’ and 19 ‘Corporate Delivery Goals’ which reflected the intended outcomes from the Service’s Business Model. A condensed summary of Quarter 1 – Progress against the Development Goals,
Page 85 was attached at Appendix A of the report. It was noted that progress was broadly on target with the exceptions noted in the summary. It was reported that slippage was expected in Quarter 2 due to the impact on ‘Operation Cranbrook’ and ‘County Guard’ (Minute 34 and 35 refer).
The Deputy County Fire Officer explained each part of the Quarter 1 Performance Measures Framework that was attached at Appendix B of the report together with the Leadership Team Performance report, attached at Appendix C of the report, which provided an understanding of current performance and introduced a benchmarking both with the Service and externally. This report replaced the ‘Measuring Performance’ report and had been designed to complement the summary report.
Members had an in-depth discussion and asked specific questions with regards to improved speed of first appliance response time to emergencies and life risk emergencies compared to Quarter 1 in 2012/13 and the improved sickness levels compared to any Quarter in 2012/13. Councillor Fred Walker suggested that the reporting of sickness levels in future reports should include the number of shifts lost as well as percentages.
The Chairman took the opportunity to thank all Officers involved for their hard work and commitment in producing this extensive report.
Resolved: That:
1. The content of the report and comments raised, be noted.
2. The performance against development and delivery goals for Quarter 1 2013/14 of the Corporate Plan 2013/16, be noted.
3. Sickness levels in future reports include the number of shifts lost.
40. DEVELOPMENT GOAL 20 - OPERATIONAL TRAINING SITE
Consideration was given to a report of the County Fire Officer and Chief Executive which provided an update on Development Goal 20 – Operational Training Site in Bury. The last update was reported to the meeting of the Authority on 18 th April 2013 (Minute 99 refers).
Members were advised that the budgetary arrangements for completion of the project included an overall Capital Budget for design and build of £7.635m. This included the current capital provision plus a contribution from Prevention and Protection funds (earmarked in the May 2013 Budget Outturn report) of £0.500m for additional Community Safety training facilities and £0.755m to cover client professional fees and ICT requirements on site funded by a revenue contribution to capital by using the available revenue budgets for the site, which would not be fully deployed until the project was completed. This figure compared favourably with the Kier feasibility estimate and provided the assurances required to move to the next stage of the process to identify the main contractor to design and deliver the project. Therefore, the project was on timescale to date.
Page 86
Resolved: That the content of the report, be noted and the budgetary arrangements, be approved.
41. CHIEF OFFICER'S ACTIVITY REPORT QUARTER 1 (1ST APRIL 2013 TO 30 JUNE 2013)
The County Fire Officer and Chief Executive presented the ‘Chief Officer’s Activity Report’ for Quarter 1 2013/14 – 1st April to 30 th June 2013, for Members’ information and comments.
The report provided information on the wide ranging activities which had taken place across the Boroughs during this period. The report also provided an update on the following subject matters:-
- Operational Incidents; - Service Delivery; - Prevention and Protection; - Training and Resilience; - Corporate Communications; - Children and Young People; - Other news of interest.
Councillor Walter Brett raised his concern regarding the recent fire at the recycling plant in Bredbury, Stockport which had been on-going since 20 th August 2013 and fire crews still remained on site to date. Members and Officers had a discussion on how these type of incidents could be prevented in the future and the cost incurred from attending such an incident.
Resolved: That the ‘Chief Officer’s Activity Report’ for Quarter 1 2013/14 – 1st April to 30 th June 2013, including the comments raised, be noted.
42. PROCUREMENT PROCESS FOR THERMAL IMAGING SCANNERS
Consideration was given to a report of the County Fire Officer and Chief Executive which provided an update on the progress within Development Goal 26 – New Operational Training Site and sought approval of a preferred bidder to provide GMFRS with Thermal Imaging (TI) Scanners.
Resolved: That the award of the contract to the preferred supplier North Fire Ltd in the sum of £238,950 for the procurement of the Thermal Imaging (TI) Scanner (50 units), as detailed in the report, be approved.
43. PROCUREMENT PROCESS FOR COLD CUTTING ULTRA HIGH PRESSURE EQUIPMENT RETRO-FITTED TO EXISTING PUMPING APPLIANCES
Consideration was given to a report of the County Fire Officer and Chief Executive which provided an update on the progress within Development Goal 26 – New Firefighting Techniques and sought approval of a preferred
Page 87 bidder, WH Bence, to provide GMFRS with Cold Cutting Ultra High Pressure (CCUHP) equipment retro-fitted to existing pumping appliances.
Councillor Derek Heffernan requested that a demonstration of the new Cold Cutting Ultra High Pressure (CCUHP) equipment take place once installed. In response, the County Fire Officer and Chief Executive stated that he would send a video link to all Members which demonstrated the equipment in use when tackling a live burn. This had been staged as part of the research into the product.
Resolved: That:
1. The content of the report, comments raised and work completed to date, be noted.
2. Delegated powers be given to the County Fire Officer and Chief Executive in consultation with the Chairman, Vice-Chairman and Deputy Chairman of the Authority to award the contract subject to:
a) Clarification of any outstanding patent, licence or intellectual property right issues;
b) A plan to resolve the outstanding patent, licence or intellectual property right issues being developed to the satisfaction of the County Fire Officer and Chief Executive;
c) The equipment and retro-fit plan remaining as stated within the tender submission or varied to the satisfaction of the County Fire Officer and Chief Executive;
d) The costs for the proposed equipment and retro-fit plan remaining as stated within the tender submission.
CHAIRMAN
Page 88 Agenda Item 15
COUNCIL
Co-operative Annual Report 2013: From co- operative intent to co-operative delivery
Report of the Deputy Chief Executive
Portfolio Holder: Councillor Jean Stretton, Cabinet Member for Co- operatives and Neighbourhoods
23 October 2013
Officer Contact: Ben Spinks, Assistant Executive Director, ext. 1085
Purpose of Report This report presents the Co-operative Annual Report 2013 detailing progress made against the Council’s ambition for a co-operative future.
Recommendations It is recommended that the Co-operative Annual Report 2013 is approved.
Page 89
Council 23 October 2013
Co-operative Annual Report
1 Background
1.1 In 2011, Oldham Council began its co-operative journey. We are committed to developing a co-operative future; one where residents, partners, councillors and staff work together to improve the borough and create a confident and ambitious place.
2 Current Position
2.1 The Co-operative Annual Report charts our progress to date, from articulating our intention to become a co-operative council and borough in 2011, to co- operative delivery in 2012 and 2013. The challenge now is to continue to embed and lead the co-operative agenda, whilst evidencing the difference that our approach is making – the co-operative difference.
2.2 The report is set out in three sections: • What we are doing differently as a business • What we are doing differently with partners • What we are doing differently with communities
2.3 Each section also includes a selection of case studies and outlines what we are aiming to deliver over the coming months.
3 Options/Alternatives
3.1 Option one – to recommend that the Co-operative Annual Report 2013 is approved.
3.2 Option two – to recommend that the Co-operative Annual Report 2013 is not approved.
4 Preferred Option
4.1 Option one is the preferred and recommended option.
5 Financial Implications
5.1 Any financial implications arising from the report will be dealt with within existing approved budgets (Steve Mair)
Page 2 of 4 Co-operative Annual Report 2013 23 October 2013 Page 90
6 Legal Services Comments
6.1 There are no legal implications arising from this report, as it is for information only. (Colin Brittain)
7. Co-operative Agenda
7.1 The Co-operative Annual Report clearly supports the delivery of the Co- operative agenda.
8 Human Resources Comments
8.1 n/a
9 Risk Assessments
9.1 n/a
10. IT Implications
10.1 n/a
11 Property Implications
11.1 n/a
12 Procurement Implications
12.1 n/a
13 Environmental and Health & Safety Implications
13.1 n/a
14 Equality, community cohesion and crime implications
14.1 n/a
15 Equality Impact Assessment Completed?
15.1 n/a
16 Key Decision
16.1 No
17 Forward Plan Reference
17.1 n/a
Page 3 of 4 Co-operative Annual Report 2013 23 October 2013 Page 91
18 Background Papers
18.1 n/a
19 Appendices
19.1 Appendix 1 – Co-operative Annual Report 2013
Page 4 of 4 Co-operative Annual Report 2013 23 October 2013 Page 92 Oldham a Co-operative council
Co-operative Annual Report 2013 From co-operative intent to co-operative delivery
Page 93 Page 94 A message from Councillor Jim McMahon, Leader of Oldham Council
Since launching our Co-operative Manchester energy switching campaign Oldham ambition in May 2011, we’ve -!7$*&%'$893999$6*1-%6*2#-$-0:"R1;3$ become the leading pioneer of delivering saving residents an average of £125 change ‘co-operative style’ locally, on their energy bills. The Fair Fares regionally and nationally. Oldham has campaign, which initially secured a become a by-word for innovation and reduction of nearly a third on the cost of that is something of which I could not daily and weekly bus tickets in Oldham, be more proud. But the most important has ultimately seen First Bus reduce their difference is the one being made right fares across Greater Manchester. here in Oldham, through people taking on the challenge of ‘everybody does their bit Locally, we continue to work with our !"#$%&%'()*#($)%"%`,-W$R$!-$0"#0&0#1!2-3$ residents and communities to tackle communities and service providers right ,6%$<6!22%":%-$7%$=!<%$!"#$,*$`"#$ across the Borough. co-operative solutions together. Local Councillors are key to unlocking the 1 As the Chair of the national Co-operative power and potential of communities, Councils’ Network, which we currently representing them and working jointly host, Oldham is playing the lead role in to address the issues they face. We are developing this thriving movement, which serious about giving residents the chance already has membership from Edinburgh to shape local decisions, evidenced ,*$42(5*1,6$R$!"#$,6%$"15)%'-$!'%$ through our ambitious programme of growing. The Network brings together devolution to districts, our community like-minded local authorities who believe call-in pilot, and the work we have done that the co-operative principles of to open-up democracy in Oldham. empowerment, equal partnership, and collective action offer a positive route, not What is clear is that Oldham has made simply to survive through tough times, the journey from co-operative intent to but to enable local communities to thrive, <*>*;%'!,0&%$#%20&%'($R$,6%$<6!":%$0-$ supported by relevant, meaningful, and tangible. But we’re not done yet. We will empowering local public services. continue to develop and implement our co-operative approach, ensuring it guides Regionally, our co-operative campaigns us in everything that we do. have been replicated across Greater Manchester and the UK. The Greater
Page 95 A message from the Chair of the Co-operative Commission Councillor Jean Stretton, Cabinet Member for Co-operatives and Neighbourhoods and Chair of the Co-operative Commission
In May 2011, Oldham Council started savvy working together to see how its journey to become a co-operative we can support our Armed Forces; council. The Co-operative Commission and starting work on community was established to oversee and growing schemes. help shape this transformation. With representatives from across all sectors: This year the Commission has a clear voluntary, public and private; the focus on projects such as the Armed Commission brings partners together Forces Community Covenant and is also to focus on issues and projects that involved in establishing the Co-operative make a real and tangible difference. Oldham Fund: a sustainable pot which The Commission also has an important helps communities help themselves. 2 part to play in holding the Council to Some projects already supported by account for the decisions and actions the Fund are work clubs for local job we take to ensure that we are doing seekers; armchair exercises for elderly our bit for Oldham. residents; and providing an internet hub in a community cabin. For Oldham, being co-operative is about much more than simply And there is still lots to do. Over the delivering services as mutuals or coming months we will work tirelessly to co-operatives. It is about working in line further embed our co-operative ambition with co-operative values and principles, including: looking at how members of the and putting residents at the heart of Commission can help make the biggest decision-making and the design and co-operative difference and planning the delivery of the services they and their next Love Where you Live campaign. communities need. Now, two years on, our approach is making a real Through working together we will embed difference to people in the borough. the co-operative ethos into all we do The Commission is looking at the real with partners, as partners, and most issues that affect residents and how, 05;*',!",2($70,6$*1'$<*551"0,0%-$R$ working together, we can make a positive our most valuable asset. difference. Some examples of action on the ground are our Youth Council training 1;$(*1":$;%*;2%$,*$6%2;$#%&%2*;$`"!"<0!2$
Page 96 The Co-operative Annual Report
The Co-operative Annual Report charts The report is set out in three sections: our progress to date, from articulating '$$@6!,$7%$!'%$#*0":$#0==%'%",2($ our intention to become a co-operative as a business council and borough in 2011, to co-operative delivery in 2012 and 2013. '$$@6!,$7%$!'%$#*0":$#0==%'%",2($ with partners The challenge now is to continue to '$$@6!,$7%$!'%$#*0":$#0==%'%",2($ embed and lead the co-operative with communities agenda, whilst evidencing the difference that our approach is making. Each section also includes a selection of case studies and outlines what we are aiming to deliver over the coming months. 3
Page 97 Co-operative Innovation – The Oldham Model
Oldham is committed to developing a co-operative the values and ethos of co-operatives working. future: one where citizens, partners, councillors This means working in ways which are ethical, and staff work together to improve the borough fair and deliver good social value as well as value !"#$<'%!,%$!$<*"`#%",$!"#$!5)0,0*1-$;2!<%A$ for money. It also means giving residents the We want all members of the community to be able opportunity to work in collaboration with us to to play an active part in building our co-operative design and, even help deliver, services. borough. Put simply, this is about everybody #*0":$,6%0'$)0,$!"#$%&%'()*#($)%"%`,,0":A
B6%$;1)20<$-%<,*'$=!<%-$1";'%<%#%",%#$`"!"<0!2$ challenges with budgets being reduced at an alarming rate. In Oldham, this means that we will see the council’s net budget reduced by 50% over !$;%'0*#$*=$C1-,$`&%$(%!'-A
4 As we face a perfect storm of shrinking budgets and increasing demand for services, there is a risk that a gap will be created between the services that residents expect to receive, and the services that we are able to deliver. This means that both public services and residents will have to change the way they operate.
In Oldham, working co-operatively can mean many different things. It’s not just about delivering services through co-operatives or mutuals. A co-operative approach is about working in a way which helps to empower residents to take greater control of their own lives and which gets ,6%$5!D0515$)%"%`,$='*5$,6%$'%-*1'<%-$,6!,$!'%$ available to the community and public sector. Although this could mean working with a co-operative or mutual to deliver council services, as we do with our local leisure services with Oldham Community Leisure, it also encompasses !$51<6$)'*!#%'$'!":%$*=$!;;'*!<6%-$,6!,$'%a%<,$
Page 98 Our spectrum of co-operative working shows the broad range of different ways in which this approach is applied in practice:
Co-operative Co-operative Approach Services
Working in line with Residents actively Co-producing Services delivered co-operative values informing decision services with through co-operatives and principles making communities and mutuals e.g. paying our staff the e.g. The Community e.g. leasing Fulwood e.g setting-up Oldham Living Wage so that no Call-in pilot offers Nature Reserve to Care and Support. one who works for the the opportunity to a community group This trading company council full-time earns strengthen local for a nominal fee, so will have a staff 5 less than the local cost democracy and build they can refurbish the council and appoint of living. closer engagement reserve and install community champions between communities community gardens, as non-executive and decisions made allotments, and sports directors, ensuring both at a district level. It facilities for local representation of its also enhances local people to use. employees and Oldham accountability and residents exists 0"a1%"<%$;%*;2%$6!&%$ and allows them to over local decisions. 0"a1%"<%$0,-$#%<0-0*"-A
F*-,$05;*',!",2($*=$!22$R$=!'$='*5$-05;2($5!"!:0":$#%<20"%$0"$!$<*",%D,$*=$ %D<%;,0*"!2$%<*"*50<$!"#$-*<0!2$<6!22%":%-$R$7%W'%$2%!#0":$<*>*;%'!,0&%$ innovation by thinking creatively and working collaboratively far beyond the <*"`"%-$*=$*1'$*7"$*':!"0-!,0*"A
Page 99 What we’re doing differently as a business
As an organisation, our co-operative approach '$$ Q<,*)%'$N9HO$-!7$,6%$2!1"<6$*=$Q2#6!5$K!'%$ ;'*&0#%-$1-$70,6$,6%$*;;*',1"0,($,*$`"#$;*-0,0&%$ !"#$R1;;*',$!"#$Q2#6!5$K!'%$!,$S*5%$R$,7*$ !"#$-1-,!0"!)2%$-*21,0*"-$,*$,6%$*">:*0":$`"!"<0!2$ new Council trading companies which will challenges we face. Our values-driven approach deliver adult social care across the borough underpins the way we do business. We believe and beyond. in the importance of fairness and responsibility. '$$ B6'*1:6$*1'$R*<0!2$T!21%$4'*<1'%5%",$ In practice, that means maximising the positive Framework we are working with our social, economic and environmental impact that suppliers to make sure they do their bit for we can achieve through everything we do. From the borough too, for example through paying our procurement practices to our pay policy, we’re fair wages, caring for the local environment, 1-0":$*1'$0"a1%"<%$!-$!$<*550--0*"%'3$-%'&0<%> supporting local community groups, or provider and employer to deliver added social growing local businesses. value through our business practices. '$$ Q1'$U5;2*(%'$R1;;*',%#$T*21",%%'0":$-<6%5%$ 6 Our achievements at a glance employees to give up to three days paid time to volunteer with local groups and schemes. To '$$ @%$'!"$,6%$2!':%-,$2*2%#$%"%':($ date, around 10% of our 3,900 employees have switching scheme in the country with over got involved. We aim to increase the number 8,500 people signing up, delivering potential of employees volunteering in some way in -!&0":-$,*$'%-0#%",-$,*,!220":$%HA85$R$!"$ 2013/14 to around 40% (1,560), and increasing average saving of £171per household. that during 2014/15 to around 75%. '$$ @%$-%<1'%#$!$#%!2$70,6$I0'-,$J1-$:0&0":$ '$$ Q&%'$,6%$-155%'$5*",6-$K*1"<02$-,!==$#*"!,%#$ Oldham residents a whopping 28% discount nearly 300kg of food and approximately 20 on daily and weekly travel tickets. This pricing large bags of unwanted goods to support the structure is now in operation across Greater Oldham Food Bank and Dr Kershaw’s Hospice. F!"<6%-,%'3$#%20&%'0":$<*>*;%'!,0&%$)%"%`,-$ across the region. '$$ @%$!'%$,6%$`'-,$K*1"<02$0"$L'%!,%'$F!"<6%-,%'$ to set up a Local Authority Mortgage Scheme, 760<6$,*$M;'02$N9HO$6!#$6%2;%#$PP$`'-,$,05%$ buyers access the housing market. The scheme has been given the go-ahead for another year.
Page 100 Case study: Case study: Our Ethical Framework Fair Energy Campaign
Our Ethical Framework is our enhanced Oldham Council is committed to approach to corporate social responsibility campaigning for a fairer deal for Oldham (CSR). As well as encompassing residents. As fuel costs rise and family conventional CSR schemes like payroll incomes fall, we’re doing our bit to help giving and a commitment to environmental Oldham’s residents secure affordable responsibility, our approach goes energy through our Fair Energy Campaign. much further. In collaboration with our partner iChoosr, Our Co-operative Oldham Fund, which Oldham led the largest local authority- stands at around £1m, enables us to led switching scheme in the UK. In all, invest in innovative community ideas that the auction saved residents over £1.4m, #%20&%'$2!-,0":$!"#$-1-,!0"!)2%$)%"%`,-$ meaning an average saving per household for local people, whilst our commitment of £171. Of the 8,726 residents who to the Living Wage means that no full- registered 1,200 accepted an offer time member of council staff earns less and switched. 7 than the local cost of living. Through our U5;2*(%'>R1;;*',%#$T*21",%%'0":$-<6%5%3$ The council also received a fee for each each member of council staff can spend resident who switched through this three days each year supporting local campaign. We are reinvesting this money voluntary organisations with their specialist to fund projects that help support local skills and expertise. people out of fuel poverty.
On top of these initiatives, we’re constantly This campaign was so successful it was working to use our own power and rolled out across Greater Manchester and 0"a1%"<%$,*$2*))($=*'$<6!":%$*"$)%6!2=$*=$ other key partner authorities across the our communities through our campaigns UK. This delivered a new energy deal for for fairer public transport prices, fairer an additional 40,000 people and average access to credit, fairer energy costs, and savings of £125 per household. better support for local business start- ups and SMEs. Through these initiatives and many more, our Ethical Framework sets out how, as a business and as an employer, we are doing our bit for Oldham.
Page 101 Case study: Case study: R*<0!2$T!21%$4'*<1'%5%",$='!5%7*'V Oldham Care and Support and Oldham Care and Support at Home In June 2013, Cabinet approved a new social value framework, which means that For the past two years the Council has been we will now include social value outcomes considering how best to protect internally in every new contract we let. We spend provided Adult Social Care services from in excess of £232million with 5,700 -0:"0`*;%'!,0&%3$<*"`#%",$!"#$!5)0,0*1-$)*'*1:6A apprenticeships) and or training opportunities for Oldham residents The commitment of the workforce is key '$$4'*5*,0":$-1;;2(><6!0"$*;;*',1"0,0%-$ to achieving the companies’ co-operative to SMEs in the Borough ambitions. Plans are already in development and activities in place to create a culture of employee Our social value procurement framework ownership through the establishment of a staff aims to ensure that we have a systematic council, which will see every staff member having and consistent approach to social value a stake in the success of the company. across every contract that we let, as well as implementing an The companies will continue to actively support outcome-focused approach linked the Council to identify local need and will test closely to our strategic priorities and out innovative and cost-effective ways to organisational objectives. meet those needs, in line with the Council’s co-operative ambition.
Page 102 And there is more to come…
We are working to embed the co-operative ethos and principles into all areas of the business.
Over the next few months we will be re-launching our customer service standards, which will start to shift customer expectation and priorities, emphasising resilience and self-help.
We will also identify new co-operative
As a business we will continue to evaluate and report on what we are doing to deliver the co-operative difference.
We are currently developing a co-operative difference annual return, which will capture the difference that our co-operative approach is making across the council, its services and its employees.
Page 103 What we’re doing differently with partners
We must work together if we are to meet '$$ @%$6!&%$!7!'#%#$!$,%"$(%!'$2%0-1'%$<*",'!<,$ the unprecedented challenges of rising to Oldham Community Leisure Limited, a 1"%5;2*(5%",3$-0:"0`*;%'!,0&%$&!21%-A relationship with partner agencies. '$$ @%$!'%$<1''%",2($5!"!:0":$,6%$K*>*;%'!,0&%$ Councils’ Innovation Network on behalf of That’s why we’re encouraging our partners across 16 member authorities, who are collectively the public, private and third sectors to take more committed to innovation in public services, *=$!$2%!#0":$'*2%$0"$#'0&0":$;*-0,0&%$<6!":%$R$!"#$ working with communities for better outcomes. why we’re working together to deliver innovation through collaboration. '$$ ["$\1"%3$7%$2!1"<6%#$,6%$%H5$K*>*;%'!,0&%$ Q2#6!5$I1"#$70,6$*1'$;!',"%'-$T*21",!'($M<,0*"$ 10 Our achievements at a glance Q2#6!5A$["$R%;,%5)%'$,6%$`'-,$!7!'#-$7%'%$ :'!",%#$0"<21#0":$,*$,7*$7*'V$<21)-$R$Q2#6!5$ '$$ @*'V0":$70,6$*1'$;!',"%'-$!<'*--$!22$-%<,*'-3$ and Hollinwood. our Get Oldham Working initiative has been set up to help support local residents '$$ Q2#6!5$K*1"<02$0-$2%!#0":$,6%$41)20<$R%<,*'$ into sustainable jobs. We have set an Reform Troubled Families work on behalf of ambitious target of creating 2,015 job related Greater Manchester. This work is looking at opportunities by 2015. how a partnership approach to investment, commissioning and decommissioning services '$$ B6%$Y"0,($4!',"%'-60;$6!&%$5!#%$!$5!C*'$ can help to deliver more effective support for commitment to the Get Oldham Working troubled families, whilst reducing the costs. campaign by contributing £200K over four years to support local people into work. '$$ M-$!$Y"0&%'-!2$K'%#0,$4!,6`"#%'$7%$6!&%$ worked with partners to deliver all aspects of '$$ @%$6!&%$2!1"<6%#$,6%$U",%';'0-%$B'1-,$70,6$!$ the pilot including access to online resources, £1m donation from Norman Stoller. The Trust, personal budgeting support and frontline part of the Get Oldham Working programme, signposting and support. aims to guarantee that every 18 year old leaving school in 2015 can access continued education, training, apprenticeship or a job.
Page 104 Case study: Get Oldham Working
The Get Oldham Working (GOW) Programme 3 Working with colleagues in a range of was launched at the One Business Awards in organisations to connect employers and May 2013. By bringing together a wide range employees more effectively of stakeholders to prepare young people and 4 Designing a co-operative long-term solution ,6%$1"%5;2*(%#$=*'$7*'V$R$!"#$,*$%"<*1'!:%$ that maintains a higher level of employment businesses to invest in Oldham and create in Oldham, with shorter periods of %5;2*(5%",$*;;*',1"0,0%-$R$0,$!05-$,*$5!V%$!$ unemployment for our residents -0:"0`
This will be achieved by: 1 Working with young people and potential employees to improve their employability and or their entrepreneurialism 2 Working with employers to create more employment and work-related opportunities and be a catalyst for job creation via Invest in Oldham and infrastructure development
Page 105 Case study: Troubled Families Programme
Oldham’s Troubled Families Programme In January 2013, a partnership Family Focus aims to turn around the lives of, and reduce Prototype was developed in Failsworth and the number of, troubled families across Hollinwood to test a method of providing the borough by developing a partnership more intensive support to those families approach to investment, commissioning and who need it via key workers. The prototype decommissioning services through our public team was made up of staff from a range service reform programme. of agencies, including the Council, Positive
Steps, DAAT and the Probation Service. The co-operative ambition has been central Practitioners have been working actively in developing our approach to working with with each family for six months. This is troubled families. The central focus is on clearly not long enough to demonstrate giving people a hand-up, so that they can quantitatively that this approach is achieving develop the skills to be independent and self- better outcomes than ‘business as usual’. reliant in future, and therefore reduce demand However, practitioner feedback and 12 on public services. It also recognises, and qualitative information about the families makes the most of, the support that can be being supported suggests that the approach offered by friends, family and neighbours. is successful. Therefore, the Family Focus Families who need support to become more model is being scaled-up to provide -%2=>-1=`<0%",$6!&%$)%%"$0#%",0`%#$,6'*1:6$ borough-wide provision as an option for all data-matching and referrals. District Family six of the District Family Panels to refer into. Panels have been created in all of Oldham’s The current Family Focus Team in Districts, bringing together colleagues from a Failsworth and Hollinwood has been range of partner organisations to share their expanded to cover Royton and Shaw, knowledge and understanding of the needs of Crompton and Saddleworth and Lees. these families and agree a suitable approach These teams will operate until March 2014 to working with them. to further assess their impact on improving outcomes for families.
Page 106 Case study: Meals at Home Plus
Meals at Home Plus is an innovative T*21",%%'-$!'%$:0&%"$!$<*5;'%6%"-0&%$ partnership between Oldham Council, the training and induction programme, Pavilion Café, and local volunteers. Funded including listening skills and learning through the Chadderton District Partnership, how to be effective ‘eyes and ears’ in this exciting co-operative initiative allows us ,6%$<*551"0,($R$!-$7%22$!-$76!,$,*$#*$0=$ to go far beyond simply delivering meals at they think the customer needs extra care home, providing a comprehensive wrap- or support. around service which uses volunteers to: '$$ ^%20&%'$!$6%!2,6(3$='%-62($;'%;!'%#3$6*,3$ nutritious meal to the home once a day '$$ _%#1<%$2*"%20"%--$!"#$-*<0!2$0-*2!,0*"3$!-$ the volunteers spend at least half an hour with each person they visit 13 '$$ 4'*!<,0&%2($0#%",0=($!"($!##0,0*"!2$ support or care needs which the customer may have The initiative provides a tailored service by asking the customer for information about their food preferences, including dietary or cultural needs, eating times, portion sizes etc. This provides a much more a%D0)2%$!"#$)%-;*V%$-%'&0<%$,6!"$7!-$ previously available. T*21",%%'-$#%20&%'$,6%$5%!2-$,*$<1-,*5%'-W$ homes, make the customer a drink and serve the meal. They also spend some time chatting with the client while they eat their meal.
Page 107 And there is more to come…
Working with our partners is going to be essential The imminent launch of Oldham’s Learning in ensuring that Oldham is prepared and Co-operative signals the next step in our resilient enough to meet the challenges of the approach to working with partners. The future. Discussions are already underway with Learning Co-operative is Oldham’s response partners, supporting them to think about how to the current challenges and barriers to they can make a co-operative difference within achieving excellent educational outcomes in their organisations and services, and we are Oldham and recognises the importance of encouraging them to sign up to Oldham’s Social preparing and supporting young people as T!21%$K6!',%'A they approach employment.
14
Page 108 What we’re doing differently with residents and communities Working with communities at a neighbourhood '$ L'%!,%'$'%<*:"0,0*"$!"#$0"&*2&%5%",$*=$ level, we’re enabling residents to take greater Youth Councillors in the democratic control over their own lives and over the services processes including: enabling the Youth and amenities that matter most to them. Council to contribute to full Council meetings, presenting resolutions when appropriate, and We’re devolving power and responsibility, and the creation of two Youth Council places on we’re supporting people to do more to help the Co-operative Commission. themselves and each other. By building greater '$ Z!1"<6$*=$,6%$K*551"0,($K!22>0"$;02*,3$760<6$ resilience and self-reliance, we’re enabling enables residents to call District Executive individuals and communities to make positive decisions in for further scrutiny, enhancing local choices to change neighbourhoods for the better !<<*1",!)020,($!"#$,6%$0"a1%"<%$;%*;2%$6!&%$ R$76%,6%'$,6!,$5%!"-$-5!22$<6*0<%-$,6!,$5!V%$!$ over local decisions. big difference, like putting litter in the bin instead of dropping it on the street, or making a big change, '$ B6%$^0-,'0<,$B%!5$-1;;*',%#$,6%$M--%,$B'!"-=%'$ like taking control of local services. of a piece of land to Fulwood Rangers, 15 including supporting them to secure external funding. The land now hosts a community Our achievements at a glance garden and a football pitch. '$ @%$6!&%$0",'*#1<%#$,6%$20&%>-,'%!50":$*=$ '$ Q1'$^0-,'0<,$I!502($4!"%2-$!'%$7*'V0":$2*
Page 109 Case study: Co-operative Oldham Fund
["$<*22!)*'!,0*"$70,6$*1'$;!',"%'-3$T*21",!'($ Action Oldham, the Co-operative Oldham Fund (COF) provides grants to projects designed to promote health and wellbeing amongst residents and support unemployed people in to work. Through the reallocation of dormant trust funds and a variety of fundraising initiatives, the COF has created a sustainable source of funding, currently worth in excess of £1m, enabling us to invest in innovative community ideas that deliver lasting and long-term )%"%`,-$=*'$2*
Page 110 Case study: Local Leaders Programme
Oldham Council is leading the development This year Ward Members have taken part in of a Co-operative Public Services Model for the bespoke Oldham Local Leaders training the borough. This seeks to turn the current programme. Focusing on the skills needed challenging environment into an opportunity for strong community empowerment and ,*$'%#%`"%$,6%$'%2!,0*"-60;$)%,7%%"$,6%$ leadership in these challenging times, the Council and its residents in order to provide programme has proven invaluable, with 93% more local services which are responsive to *=$F%5)%'-$-!(0":$,6%($7%'%$-!,0-`%#$*'$ communities. &%'($-!,0-`%#A
In achieving the Oldham Co-operative The individual modules have covered a Neighbourhood model, we will move from number of topics ranging from negotiation top-down services to citizen-led services, !"#$0"a1%"<0":$,*$,6%$<6!":0":$<*",%D,3$ with Ward Members playing a crucial and from change conversations to role to: developing local solutions. 17 1. Reconnect the Council to its residents We are now consulting with Members to plan the next stage of the Local Leaders 2. Create social value for residents programme to ensure we deliver high and communities quality training which remains relevant to the 3. Enhance the independence, capability changes taking place across the council and resilience of individuals and the borough. 4. Unlock the resource and potential in neighbourhoods 5. Support existing social networks and build collective community capacity 6. Ultimately, reduce demand on the public purse
Page 111 Case study: ^0-,'0<,$7*'V0":$R$7*'V0":$,*:%,6%'$=*'$;*-0,0&%$*1,<*5%-
Ward Members and District Teams In Saddleworth North Ward, Diggle residents are working closely with communities, were concerned about the future of their local empowering them to bring about positive band club. outcomes for their neighbourhoods. Through effective district working we will reconnect Working with Ward Members and the District with local residents and create the co- Team they have been able to put in a range operative opportunities that are vital to see of measures to make the club more viable. Oldham reach its potential for our residents. This has included new signage, creating links with local businesses and provision for young For example, August 2012 saw the people every Monday evening. culmination of many celebrations in a day- long event in Royton, Shaw and Crompton. This event brought together celebrations for the Olympics, the 800th birthday of Royton, 18 the centenary of Royton Park, and the So Way North event. The event was planned and delivered by a collaboration of community groups, the private sector and public services. Key partners involved included the Youth Forum, Ward Members, the District Team, local traders, the Roughyeds and many more.
The event was a huge undertaking made possible by the dedication and hard work of many volunteers in the run-up to, and after, the event. On the day over 1,500 local residents turned up to get involved with sports and community activity, enjoy live entertainment and even sample local produce at the Real Food Market. Organisations such as the Police and Fire Service were also present offering advice and support.
Page 112 Case study: Welfare reform and district working
The national welfare reform agenda is Awareness raising events were delivered something that we have been tackling in each district, targeted at key wards and at local level alongside our partners. We neighbourhoods where we anticipated that co-delivered an awareness raising campaign welfare reform would hit the hardest. with our District Networks, giving us greater Ward Members were on the front-line of reach than we would have had if we operated these events, delivering key messages and alone. One example of how this has worked signposting their constituents to advice and has been in Oldham District, where we have support from a range of services. This is trained up community budget advisors to a powerful example of Ward Members in provide basic budget advice to allow the their role as local leaders, using their local Citizens Advice Bureau to concentrate on ;'*`2%$!"#$0"a1%"<%$,*$-1;;*',$'%-0#%",-$!"#$ more complex cases. communities to be more resilient. Local Elected Members have also been at the forefront of Oldham Council’s response 19 to welfare reform. Ward Members are best placed to understand how the changes would affect their local communities and to deliver key messages to those affected. In recognition of this, Members were given detailed training on the welfare reforms and access to in-depth data about the impact of the changes at a district and ward level.
Page 113 And there is more to come…
Over the past twelve months we have achieved a '$ B6%$2!1"<6$*=$,6%$-%<*"#$;6!-%$*=$Z*&%$ great deal to move the council and borough closer Where you Live which will showcase examples to our co-operative ambition. These successes of the co-operative difference that residents are the solid foundation we require to make further are making, using these to inspire others to steps forward in co-operative district working. do the same '$ B6%$2!1"<6$*=$!$<*551"0,($:'*70": We have to get district working right. It is the model programme to increase community by which we will reform public service delivery to sustainability and capacity and improve public )%$`,$=*'$;1';*-%$0"$,6%$<6!":0":$7*'2#A$B6'*1:6$ health through increasing the availability of fresh effective district working we will reconnect with local and healthy food residents and create the co-operative opportunities that are vital if Oldham and all its residents are to '$ B6%$-0:"0":$*=$,6%$M'5%#$I*'<%-$K*551"0,($ reach their potential. Covenant, giving formal recognition to the contribution of our armed forces and setting out A number of initiatives are underway to help us the support which the local authority and its achieve our ambition, including: partners can provide. 20
Page 114 Page 115 Co-operative Oldham
Our vision To deliver a co-operative future where everyone does their )0,$,*$<'%!,%$!$<*"`#%",$!"#$!5)0,0*1-$)*'*1:6A
How to sum it up Everybody does their bit for Oldham, and %&%'()*#($)%"%`,-A
What makes it different? Building a co-operative future is about fundamentally changing the relationship between public services and local people by enabling and encouraging residents to take more responsibility for making our borough a great place to live and work.
Our values Co-operative Oldham is a values-driven approach, underpinned by a belief in the importance of fairness, and a commitment to delivering it. Fairness Openness Responsibility Working together Accountability Respect Democracy
If you’d like to learn more about Oldham’s Co-operative Future please contact:
Corporate Policy Team [email protected] 0161 770 5755 working for a co-operative borough
Page 116 Agenda Item 16
COUNCIL
Improving the quality and experience of our Town Centres
Report of Executive Director Neighbourhoods
Portfolio Holder: Councillor Hibbert, Cabinet Member for Environment and Housing
23 rd October 2013
Officer Contact: Jameson Bridgwater – Head of Planning and Infrastructure
Reason for Decision:
This report provides a response to concerns raised at the Council Meeting in July 2013 regarding the visual amenity of the Borough’s Town Centres and the negative impact that can be caused through inappropriate development. It seeks approval to undertake the necessary evidence gathering and investigate further potential solutions for improving the quality and experience of our Town Centres.
Executive Summary
Following the consideration of a motion at the Council meeting on 17 th July 2013 , the Chief Executive wrote to the Secretary of State for both DCLG and DCMS. Nick Bowles, Parliamentary Under Secretary of State for Planning responded and his letter was reported back to Council at its meeting on 11 th September 2013. This report considers what action the Council can take to address the issues raised.
This report outlines the potential options available including:
• the introduction of Article 4 Directions to control alterations; and • the continued application of the Vibrant Centres SPD. and the type of evidence gathering required to progress the preferred option.
Page 117 Recommendation
That approval is given to allow the compilation of the necessary evidence base and consultations, following on from which options can be drawn up for further discussion and approval aimed at improving the visual amenity, quality and offer of the Town Centre.
Council 23 rd October 2013
Council 23 rd October 2013
Page 118
Improving the quality and experience of our Town Centres
1 Background
1.1 The quality and vitality of the borough’s Town Centres can be undermined by many issues including inappropriate and unsympathetic alterations to properties. This can include the addition of incongruous features such as uPVC windows and doors, bright/over dominant signage and the colouration/painting of brickwork.
1.2 An example of inappropriate alterations is King Street within the Town Centre. This area of Oldham is of particular heritage interest as the original ‘Goldburn’ route through the town is depicted taking the route of King Street before following the line of Jackson Pit to George Street and on through the town. This provided the main route from Manchester, over the Pennines, to Yorkshire and the archaeological significance of the buildings and sites around this area are therefore important. It has retained its original domestic characteristics and Jackson Pit particularly reflects the unplanned origins of the town where previously a complex maze of streets stood. The ‘domestic’ characteristics of this area contrast markedly with the civic buildings of Union Street and reflect its early origins.
1.3 Some of the buildings on King Street have suffered some unfortunate alterations, such as the replacement of original windows. Although King Street contains many buildings of architectural quality and heritage significance to the east, its architectural significance as a whole is marred by the modern additions of the Mecca Bingo Hall and its associated car park to the west. This street has always been a wider thoroughfare than George Street. However, the introduction of these buildings of low architectural quality has limited the significance of the street to the western side. Despite the retention of many buildings within their original plots, most have been altered and suffered from the loss of original features.
1.4 The use of certain types of roller shutters, including external opaque shutters, can have a detrimental impact on the boroughs Town Centres. Shutters of this kind can appear obtrusive and present a ‘dead’ frontage to the street scene and have a direct detrimental impact on the perception of safety in an area. They can also have a detrimental impact on the local economy. Their unsightly appearance could discourage shoppers and businesses from locating in an area. In addition, the appearance of premises which have opaque shutters obscuring the frontage at certain times of the day can lead existing and potential customers to believe they are vacant.
1.5 Preparing an evidence base will allow a detailed examination of the impact of these inappropriate alterations and if they deter new businesses from locating within our Town Centres. These issues are not solely restricted to Oldham Town Centre, and in carrying out any research other Centres should also be examined.
Council 23 rd October 2013
Page 119 1.6 Oldham Council and its Partners have done a huge amount of work and made significant progress on improving the borough’s Town Centres, through, for example, the effective application of the Vibrant Centres SPD, which forms part of our Local Plan. However, in order to move on to the next stage of our regeneration aspirations for the borough’s Town Centres and the creation of a family friendly experience there is still more to be done and we need to explore further opportunities available to us.
2 Protecting our Centres from inappropriate development
2.1 Article 4 Directions allow the local planning authority to withdraw the ‘permitted development’ rights that would otherwise apply by virtue of the Town and Country Planning (General Permitted Development) Order 1995 as amended (the ‘GPDO’). An Article 4 Direction does not prevent the development to which it applies, but instead requires that planning permission is first obtained from the local planning authority for that development.
2.2 Article 4 Directions can be allocated by a Local Planning Authority. Any properties affected by the direction must be notified and given a consultation period of at least 21 days in which any representations concerning the direction may be made. The notice must also specify a date on which it is proposed that the direction will come into force. This date must be at least 28 days after, but no longer than two years after, the date upon which the consultation period begins.
2.3 Any planning application required as a consequence of an Article 4 Direction is exempt from the usual planning application fee.
2.4 There are circumstances in which the council may be liable to pay compensation having made an Article 4 Direction, although the potential liability is limited in many cases by the time limits that apply
2.5 They are most commonly used in conservation areas and Guidance 1 published by central government on Article 4 Directions suggests that they should only be made in those exceptional circumstances where evidence suggests that the exercise of permitted development rights would harm local amenity or the proper planning of the area.
2.6 In deciding whether an Article 4 Direction would be appropriate, local planning authorities should identify clearly the potential harm that the direction is intended to address and consider whether the exercise of permitted development rights would (amongst other factors):
• Undermine the visual amenity of the area or damage the historic environment; and • Undermine local objectives to create or maintain mixed communities.
1 (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5679/2160020.pdf) Council 23 rd October 2013
Page 120 2.7 There are a number of steps to go through and were it decided to progress this matter the first step would be to consider the evidence base. The loss of original features and the use of modern materials in the area would form the foundation of the evidence base. In addition further information should be gathered in relation to the economic impact of any inappropriate development on the Town Centres.
2.8 For the allocation of an Article 4 Direction to be successful it would need to gain the support of the building owners. It is considered that investment in an area, prior to its formal designation as an Article 4 Direction would be a preferable means of protecting the heritage significance of parts of Oldham. At present in the Town Centre there are several shops in need of investment and it is considered a grant scheme for improvement of shop fronts would allow this area to be brought up to an acceptable standard. Areas such as the west end of George Street where it meets King Street, require investment to bring them up to the standard of the adjacent buildings and it is considered that this would allow a standard to be set for the buildings within this area which could then be maintained through an Article 4 Direction.
3 Options/Alternatives
3.1 Option 1 – That approval is given to allow the compilation of the necessary evidence base and consultations following on from which options can be drawn up for further discussion and approval. The advantage to this option is to gain a further understanding and to inform our decisions on the best way forward.
3.2 Option 2 – Not to approve the compilation of the necessary evidence base and consultations following on from which options can be drawn up for further discussion and approval. There are no advantages to this option. The disadvantage is it would prevent us from making an informed decision.
4 Preferred Option
4.1 It is envisaged that the borough’s Town Centres would benefit from the uplift generated by the potential funding, and the added control, of external improvements to properties to prevent any further inappropriate development taking place. Option 1 is the preferred option. This will allow the compilation of the necessary evidence base allowing an informed decision to be made as to the most appropriate way forward.
5 Consultation
5.1 The discussion and compilation of the evidence base would not be subject to public consultations. However if it is decided to progress with the Article 4 Direction then any properties affected by the direction must be notified and given a consultation period of at least 21 days in which any representations concerning the direction may be made.
Council 23 rd October 2013
Page 121
6 Financial Implications
6.1 The report relates to the Strategic Planning and Information budget within the Development Planning service area.
6.2 The 3 year budget for Strategic Planning and Information cost centre 23800, is shown in the table below.
2013/14 2014/15 2015/16 Budget £000’s £000’s £000’s Staffing 251 252 253 Transport 2 2 2 Supplies & Services 43 43 43 Central Recharges 60 47 47 TOTAL 356 344 345
6.3 The initial investigation and evidence base work is expected to be carried out internally within existing resources and will be fully funded from cost centre 23800.
6.4 A further report will be required should the evidence gathering process recommend the introduction of Article 4 Directions to control alterations, the continued application of the Vibrant Centres SPD and the review of licensing controls, particularly the potential to introduce an EMRO.
6.5 Funding arrangements also need to be clarified as a result of a follow-up report in which existing Town Centre capital schemes may need adapting to incorporate the proposals stated in 2.8. (Danny Jackson)
7 Legal Services Comments
7.1 If the Council wishes to introduce restrictions on development within the Borough’s town centres it must be done within the framework of the Town and Country Planning Act and associated legislation. Compiling an evidence base will assist in this process. It would not be legal to introduce restrictions on development based on moral or ethical considerations. (A Evans)
8. Cooperative Agenda
8.1 The progress and investigation into any potential measures for improving the quality and experience of our Town Centres will be undertaken in line with the council’s Co-operative Values, ensuring fairness and openness.
9 Human Resources Comments
Council 23 rd October 2013
Page 122
9.1 N/A
10 Risk Assessments
10.1 N/A
11 IT Implications
11.1 None
12 Property Implications
12.1 None directly arising from this report, although ultimately, measures introduced which improve the visual amenity of the borough’s town centres will influence the Council’s Medium Term Property Strategy in terms of enhancing the value of Council owned assets and corporate disposal strategy moving forward. (Cath Conroy)
13 Procurement Implications
13.1 None
14 Environmental and Health & Safety Implications
14.1 The progress and investigation into any potential measures for improving the quality and experience of our Town Centres will have beneficial environmental impacts.
15 Equality, community cohesion and crime implications
15.1 The progress and investigation into any potential measures for improving the quality and experience of our Town Centres will reflect community cohesion issues.
16 Equality Impact Assessment Completed?
16.1 No. However the progress and investigation into any potential measures for improving the quality and experience of our Town Centres will be screened to see if an EqIA is appropriate at a later stage.
17 Key Decision Council 23 rd October 2013
Page 123
17.1 No
18 Key Decision Reference
18.1 N/A
19 Background Papers
19.1 None
20 Appendices
None
Council 23 rd October 2013
Page 124 Agenda Item 17
COUNCIL
Treasury Management Review 2012/13
Report of the Borough Treasurer
Portfolio Holder: Councillor Abdul Jabbar - Finance
23rd October 2013
Officer Contact: Anne Ryans Ext: 4902
Purpose of Report
The Council is required through regulations issued under the Local Government Act 2003 to produce an annual treasury report reviewing treasury management activities and the actual prudential and treasury indicators for the previous financial year, in this case 2012/13. This report meets the requirements of both the CIPFA Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in the Local Authorities (the Prudential Code).
During 2012/13 the minimum reporting requirements were that the full Council should receive the following reports: • an annual treasury strategy in advance of the year • a mid-year (minimum) treasury update report • an annual report following the year describing the activity compared to the strategy (this report)
The strategy and mid-year reports were presented for approval as required. The presentation of this report demonstrates full compliance with the requirements as it provides details of the outturn position for treasury activities and highlights compliance with the Council’s policies previously approved by Members.
This report was considered and approved at the Cabinet meeting of 23 rd September 2013 and will be presented to the next meeting of the Audit Committee.
Page 125 Executive Summary
During 2012/13, the Council complied with its legislative and regulatory requirements. The key actual prudential and treasury indicators detailing the impact of capital expenditure activities during the year, with comparators, are as follows:
2011/12 2012/13 2012/13 Actual prudential and treasury Actual Revised Actual indicators £'000 £'000 £'000 Actual capital expenditure 99,950 110,638 80,628
Total Capital Financing Requirement: • Non-HRA 408,730 514,903 474,981 • HRA (8,580) (8,580) (8,580) • Total 400,150 506,323 466,401
Net borrowing 76,112 110,423 83,306 External debt 330,293 334,137 389,025
Investments · Longer than 1 year 0 0 0 · Under 1 year 73,110 45,000 65,119 · Total 73,110 45,000 65,119
As can be seen in the table above, actual capital expenditure was less than originally planned, but this was due primarily to delays to the start of the some of the capital schemes that were expected to progress during 2012. The planned expenditure has therefore slipped into 2013/14. Borrowing was also less than anticipated, partly due to the reduced spending but also because of the policy of self-financing which was employed due to the uncertainty about interest rates which caused the Council to keep its investments short (less than one year).
Other prudential and treasury indicators are to be found in the main body of this report, however, the Borough Treasurer is able to confirm that borrowing was only undertaken for a capital purpose and the statutory borrowing limit (the authorised limit), was not breached.
Page 2 of 22 TM Review Council Page 126 The financial year 2012/13 continued the trend of previous years with a challenging treasury management environment of low investment returns and continuing heightened levels of counterparty risk.
Recommendations
Council is recommended to approve: 1) The actual 2012/13 prudential and treasury indicators in this report 2) The annual treasury management report for 2012/13 3) The amendment to the 2013/14 Treasury Management strategy, by removing the debt maturity structure lower limit indicator as set out in section 2.3.3 4) The amendment to the 2013/14 Treasury Management strategy to increase the duration of investments with other Public Bodies set out in section 2.10.6
Page 3 of 22 TM Review Council Page 127 COUNCIL 23rd October 2013
Treasury Management Review 2012/13
1 Background
1.1 The Chartered Institute of Public Finance and Accountancy’s (CIPFA) Code of Practice on Treasury Management has been adopted by the Council and the Council fully complies with its requirements.
The primary requirements of the Code are as follows:
• The creation and maintenance of a Treasury Management Policy Statement which sets out the policies and objectives of the Council’s treasury management activities.
• The creation and maintenance of Treasury Management Practices which set out the manner in which the Council will seek to achieve those policies and objectives.
• The receipt by the Council of an annual treasury management strategy report (including the annual investment strategy report) for the year ahead, a mid year review (as a minimum) and an annual review report of the previous year.
• Delegation to the Borough Treasurer by the Council of responsibilities for implementing and monitoring treasury management policies and practices and for the execution and administration of treasury management decisions.
Treasury management in this context is defined as:
“The management of the local authority’s investments and cash flows, its banking, money market and capital market transactions; the effective control of the risks associated with those activities; and the pursuit of optimum performance consistent with those risks. ”
1.2 The report therefore summarises the: • Council’s Capital expenditure and financing during the year; • Impact of this activity on the Council’s underlying indebtedness (the Capital Financing Requirement); st • Treasury position at 31 March 2013 identifying how the Council has borrowed in relation to this indebtedness, and the impact on investment balances; • Interest rate movements in the year and economic factors; • Detailed debt activity;
Page 4 of 22 TM Review Council Page 128 • Detailed investment activity; and • Reporting of the required prudential and treasury indicators
1.3 The report was considered and approved at the Cabinet meeting of 23 rd September 2012 and will be presented to the next meeting of the Audit Committee. Consideration and approval by Council is required in order to comply with the CIPFA regulations.
2 Current Position
2.1 The Council’s Capital Expenditure and Financing during 2012/13 2.1.1 The Council incurs capital expenditure when in invests in or acquires long- term assets. These activities may either be: • Financed immediately through the application of capital or revenue resources (capital receipts, capital grants, revenue contributions etc.), which has no resultant impact on the Council’s borrowing need; or • If insufficient financing is available, or a decision is taken not to apply resources, the capital expenditure will give rise to a borrowing need.
2.1.2 The actual level of capital expenditure forms one of the required prudential indicators. The table below shows the actual level of capital expenditure and how this was financed. As can be seen in the table below, the actual expenditure in 2012/13 was less than had been estimated due primarily to the late start of many projects. These projects and their associated financing packages have been slipped into 2013/14.
2011/12 2012/13 2012/13 Actual Revised Actual £'000 £'000 £'000 Non-HRA capital expenditure 97,593 105,239 76,816 HRA capital expenditure 2,357 5,399 3,812 Total capital expenditure 99,950 110,638 80,628 Resourced by: • Capital receipts 5,800 7,917 2,705 • Capital grants 81,351 48,854 47,906 • Major Repairs Reserves 173 0 0 • Revenue 1,599 5,940 4,187 Capital expenditure financed through borrowing 11,027 47,927 25,830
2.2 The Council’s overall borrowing need
2.2.1 The Council’s underlying need to borrow for capital expenditure is termed the Capital Financing Requirement (CFR). This figure is a gauge of the Council’s debt position. The CFR results from the capital activity of the Council and the
Page 5 of 22 TM Review Council Page 129 resources that have been used to pay for the capital spending. It represents the 2012/13 Capital expenditure financed through borrowing, which as shown in the table above, was £25.830m, and prior years’ net or Capital expenditure financed through borrowing which has not yet been paid for by revenue or other resources.
2.2.2 Part of the Council’s treasury activity is to address the funding requirements for this borrowing need. Depending on the capital expenditure programme, the treasury service organises the Council’s cash position to ensure sufficient cash is available to meet the capital plans and cash flow requirements. This may be sourced through borrowing from external bodies (such as the Government, through the Public Works Loan Board (PWLB) or the money markets), or utilising temporary cash resources within the Council.
Reducing the CFR
2.2.3 The Council’s (non HRA) underlying borrowing need (CFR) is not allowed to rise indefinitely. Statutory controls are in place to ensure that capital assets are broadly charged to revenue over the life of the asset. The Council is required to make an annual revenue charge, called the Minimum Revenue Provision (MRP), to reduce the CFR. This is effectively a repayment of the non-Housing Revenue Account (HRA) borrowing need (there is no statutory requirement to reduce the HRA CFR). This differs from the treasury management arrangements which ensure that cash is available to meet capital commitments. External debt can also be borrowed or repaid at any time, but this does not change the CFR.
2.2.4 The total CFR can also be reduced by: • the application of additional capital financing resources (such as unapplied capital receipts); or • charging more than the statutory revenue charge (MRP) each year through a Voluntary Revenue Provision (VRP).
2.2.5 The Council’s 2012/13 MRP Policy (as required by CLG Guidance) was approved as part of the Treasury Management Strategy Report for 2012/13 at the Council meeting on 22 nd February 2012.
2.2.6 The Council’s CFR for the year is shown below, and represents a key prudential indicator. This includes PFI and leasing schemes on the balance sheet, which increase the Council’s borrowing need. In 2012/13, the Council had seven PFI schemes operating; however no borrowing is actually required against these schemes as a borrowing facility is included in the contract.
Page 6 of 22 TM Review Council Page 130 2011/12 2012/13 2012/13 Actual Revised Actual Capital Financing Requirement £'000 £'000 £'000 Opening balance 427,454 400,150 400,150 Add Capital expenditure financed through borrowing (as above) 11,027 47,927 25,830 Add adjustment for the inclusion of on-balance sheet PFI and leasing schemes 10,310 75,290 69,064 Capital Expenditure financed through grant, revenue, capital receipts. 88,923 62,711 54,803 Less MRP/VRP (15,708) (9,943) (19,620) Less PFI & finance lease repayments (3,651) (7,100) (9,028) Less Funding of Programme (88,928) (62,711) (54,798) Less HRA Self Financing (29,277) Closing balance 400,150 506,323 466,401
Borrowing activity is constrained by prudential indicators for net borrowing and the CFR, and by the authorised limit.
Net borrowing and the CFR
2.2.8 In order to ensure that borrowing levels are prudent over the medium term the Council’s external borrowing, net of investments, must only be for a capital purpose.
2.2.9 This essentially means that the Council is not borrowing to support revenue expenditure. Net borrowing should not therefore, except in the short term, have exceeded the CFR for 2012/13 plus the expected changes to the CFR over 2013/14 and 2014/15 from financing the capital programme.
2.2.10 This indicator allows the Council some flexibility to borrow in advance of its immediate capital needs in 2012/13. The table below highlights the Council’s net borrowing position against the CFR. The Council has complied with this prudential indicator.
2011/12 2012/13 2012/13 Actual Revised Actual £'000 £'000 £'000 Net borrowing position 76,112 110,423 83,306 CFR 400,150 506,323 466,401
Page 7 of 22 TM Review Council Page 131 The table above shows the position as at 31 st March 2013 for the Councils net borrowing position and CFR. This shows, compared to the original budget position: • An increase in net borrowing, partly as a result of capital programme and a reduction in investments • An increase in the CFR, due to the capital programme spend
It should be noted that this indicator is changing to compare gross borrowing to the CFR with effect from 2013/14. This is expected to provide a more appropriate indicator.
The Authorised Limit
2.2.11 The authorised limit is the “affordable borrowing limit” required by Section 3 of the Local Government Act 2003. The Council does not have the power to borrow above this level. The table below demonstrates that during 2012/13 the Council has maintained gross borrowing within its authorised limit.
The Operational Boundary
2.2.12 The operational boundary is the expected borrowing position of the Council during the year. Periods where the actual position is either below or over the boundary are acceptable subject to the authorised limit not being breached.
Actual Financing costs
2.2.13 Actual financing costs as a proportion of the general fund net revenue stream - this indicator identifies the trend in the cost of capital (borrowing and other long term obligation costs net of investment income) against the net revenue stream.
2012/13 £'000 Authorised limit 519,000 Operational boundary 509,000 Actual external debt 389,025 Financing costs as a proportion of net revenue stream GF 17.73%
2.3 Treasury Position as at 31 March 2013 2.3.1 The Council’s debt and investment position is organised by the Council’s treasury management team in order to ensure adequate liquidity for revenue and capital activities, security for investments and to manage risks within all treasury management activities. Procedures and controls to achieve these objectives are well established both through Member reporting detailed in the summary, and through officer activity detailed in the Council’s Treasury Management Practices.
Page 8 of 22 TM Review Council Page 132 2.3.2 At the beginning and the end of 2012/13 the Council‘s treasury position was as follows:
31 March 31 March 2012 2013 Principal Rate/ Average Principal Rate/ Average £'000 Return Life yrs £'000 Return Life yrs Fixed rate funding: -PWLB 723 15,723 -Stock 6,625 6,625 Market 141,874 126,077
Total borrowings 149,222 4.35% 49.96 148,425 4.38% 50.29 PFI & Finance lease liabilities 181,071 240,600 Total External debt 330,293 389,025 CFR 400,150 466,401 Over/ (under) borrowing (69,857) (77,376) Investments: - in house 73,110 1.06% 65,119 0.90% Total investments 73,110 1.06% 65,119 0.90%
2.3.3 The maturity structure of the debt portfolio was as follows:
Maturity structure of fixed 2011/12 Upper Lower 2012/13 rate borrowing during Actual limit limit Actual 2012/13 % % % % Under 12 months 10.45% 50% 0% 47.90% 12 months and within 24 months 0.00% 40% 0% 13.47% 24 months and within 5 years 0.16% 50% 0% 23.74% 5 years and within 10 years 0.16% 50% 0% 4.61% 10 years and above 89.22% 100% 40% 10.27%
The 2012/13 actual figures above represent a significant difference in maturity profile than in 2011/12 due to change in guidance with regard to maturity structure of Lender Option Borrower Option (LOBO’s). The maturity date is now deemed to be the next call date, rather than loan term date as previously used for maturity. This has highlighted a need to no longer report on the lower limit and this indicator needs to be removed going forward. Although the table above highlights almost 90% of the debt being due to mature in less than 10 years, this is not anticipated due to the nature of the debt and the interest rates attributable to it and the current financial climate in terms of interest rates. Had the guidance not changed, 94.82% of the debt would have been in the category classed as maturing in ten years and over.
Page 9 of 22 TM Review Council Page 133 2.3.4 The maturity structure of the investment portfolio was as follows:
2011/12 2012/13 Actual Actual £'000 £'000 Investments Longer than 1 year 0 0 Under 1 year 73,110 65,119 Total 73,110 65,119
2.3.4 Key features of the debt and investment position are:
a) Over the course of the year 2012/13, investments decreased by £7.991m. b) The average rate of return reduced from 1.06% in 2011/12 to 0.90% in 2012/13. This reflected current market conditions and the uncertainty of counterparty risk. Therefore the policy was to limit the timeframe for investments to short dated investments to ensure the security of the funds, but also to allow flexibility as a result of receiving lower interest rates.
2.4 The Strategy for 2012/13 2.4.1 The expectation for interest rates within the strategy for 2012/13 was a low but rising Bank Rate (starting in quarter 4 of 2014) with similar gradual rises in medium and longer term fixed borrowing rates over 2012/13. Variable or short- term rates were expected to be the cheaper form of borrowing over the period. Continued uncertainty in the aftermath of the 2008 financial crisis promoted a cautious approach, whereby investments would continue to be dominated by low counterparty risk considerations, resulting in relatively low returns compared to borrowing rates.
2.4.2 The treasury strategy was therefore to postpone borrowing to avoid the cost of holding higher levels of investments and reduce counterparty risk.
2.4.3 The actual movement in gilt yields meant PWLB rates fell during the first quarter of the year to historically low levels. This was caused by a flight to quality into UK gilts from EU sovereign debt, and from shares, as investors became concerned about the potential for a Lehman’s type crisis of financial markets, if the Greek debt crisis were to develop into a precipitous default and exit from the Euro. During the second and third quarters, rates rose gradually and agreement of a second bail out for Greece in December saw the flight to quality into gilts reverse somewhat, as confidence rose that the Eurozone crisis was finally subsiding. However, gilt yields then fell back again during February and March as Eurozone concerns returned, with the focus now shifting to Cyprus, and flight to quality flows into gilts resumed. This was a volatile year for PWLB rates, driven by events in the Eurozone which oscillated between crises and remedies.
Page 10 of 22 TM Review Council Page 134 2.5 The Economy and Interest Rates
2.5.1 The EU sovereign debt crisis continued throughout the year. However, the ECB statement in July that it would do “whatever it takes” to support struggling Eurozone countries provided a major boost in confidence that the Eurozone was (at last) beginning to get on top of its problems. This was followed by the establishment of the Outright Monetary Transactions Scheme in September.
2.5.2 During the summer, a €100bn package of support was given to Spanish banks. The crisis over Greece blew up again as it became apparent that the first bailout package was insufficient. An eventual very protracted agreement of a second bailout for Greece in December was then followed by a second major crisis, this time over Cyprus, towards the end of the year. In addition, the Italian general election in February resulted in the new Five Star anti- austerity party gaining a 25% blocking vote; this has the potential to make Italy almost ungovernable if the grand coalition formed in April proves unable to agree on individual policies. This could then cause a second general election – but one which could yield an equally ‘unsatisfactory’ result.
2.5.3 This result emphasises the dangers of a Eurozone approach heavily focused on imposing austerity, rather than promoting economic growth, reducing unemployment, and addressing the need to win voter support in democracies subject to periodic general elections. This weakness leaves continuing concerns that this approach has merely postponed the ultimate debt crisis, rather than provide a conclusive solution. These problems will, in turn, also affect the financial strength of many already weakened EU banks during the expected economic downturn in the EU. There are also major questions as to whether the Greek Government will be able to deliver on its promises of cuts in expenditure and increasing tax collection rates, given the hostility of much of the population.
2.5.4 The UK coalition Government maintained its tight fiscal policy stance against a background of warnings from two credit rating agencies that the UK could lose its AAA credit rating. Moody’s followed up this warning by actually downgrading the rating to AA+ in February 2013 and Fitch then placed it’s rating on negative watch, after the Budget statement in March. Key to retaining the AAA rating from Fitch and Standard & Poors will be a return to strong economic growth in order to reduce the national debt burden to a sustainable level, within a reasonable timeframe.
2.5.5 The UK started 2012/13 with negative growth of -0.4% in the first quarter. This was followed by an Olympics boosted +0.9% in the next quarter, then by a return to negative growth of -0.3% in the third quarter and finally a positive figure of +0.3% in the last quarter. This weak UK growth position resulted in the Monetary Policy Committee (MPC) increasing quantitative easing (QE) by £50bn in July to a total of £375bn on concerns of a downturn in growth and a forecast for inflation to fall below the 2% target. QE was targeted at further gilt purchases. At the end of the year, in the March 2013 Budget, the Office of Budget Responsibility yet again slashed it’s previously over optimistic growth
Page 11 of 22 TM Review Council Page 135 forecasts, for both calendar years 2013 and 2014, to 0.6% and 1.8% respectively.
2.5.6 UK Consumer Price Index (CPI) inflation remained stubbornly high and above the 2% target, starting the year at 3.0% and still being at 2.8% in March; however, it is forecast to fall to 2% in three years’ time. The MPC has continued its stance of looking through temporary spikes in inflation by placing more importance on the need to promote economic growth.
2.5.7 Gilt yields oscillated during the year as events in the ongoing Eurozone debt crisis ebbed and flowed, causing corresponding fluctuations in safe haven flows into / out of UK gilts. This, together with a further £50bn of QE in July and widely expected further QE still to come, combined to keep PWLB rates depressed for much of the year at historically low levels.
2.5.8 The Bank Rate was unchanged at 0.5% throughout the year, while expectations of when the first increase would occur were pushed back to quarter 1 of 2015 at the earliest.
2.5.9 The Funding for Lending Scheme, announced in July 2012 resulted in a flood of cheap credit being made available to banks and this resulted in money market investment rates falling sharply in the second half of the year. However, perceptions of counterparty risk improved after the European Central Bank (ECB) statement in July that it would do “whatever it takes” to support struggling Eurozone countries. This has resulted in some return of confidence to move away from only very short term investing.
2.6 Borrowing Rates in 2012/13
PWLB maturity rates are set out as follows and are shown in Appendix 2 for a selection of maturity periods, the range (high and low points) in rates, the average rates and individual rates at the start and the end of the financial year.
• 5 year PWLB rate - started the year at 2.070% and rose slightly to a high at 2.150% on 20 th April and fell to a low for the year of 1.520% on July 23rd. The average rate for the year was 1.847%. It finished the year at 1.750%.
• 10 year PWLB rate - started the year at 3.250% and then fell to a low for the year of 2.520% on 23rd July. The average rate for the year was 2.871%. It finished the year at 2.840%.
• 25 year PWLB rate - started the year at 4.370%, fell to a low of 3.810% on July 18th. The average rate for the year was 4.094%. It finished the year at 4.070%.
• 50 year PWLB rate. - started the year at 4.410%, fell to a low of 3.960% on 1st June. The average rate for the year was 4.250%. It finished the year at 4.220%.
Page 12 of 22 TM Review Council Page 136 2.7 Borrowing Outturn for 2012/13
Treasury Borrowing
2.7.1 The Council undertook the following borrowing in 2012/13:
Principal Interest Date Lender £'000 Type Rate Maturity Yrs 12-Dec-12 PWLB 7,500 Fixed 3.130% 14.5 01-Mar-13 PWLB 7,500 Fixed 3.750% 18.5 15,000
The loans were drawn to fund the net unfinanced debt and naturally maturing debt.
Repayment of Debt
2.7.2 The repayment of outstanding Council debt was as set out in the following table and totaled £15m.
Amount Repaid Interest Date Lender £'000 Rate Period Comment 20-Aug-12 Market 6,000 0.850% 1 Matured 23-Aug-12 Market 4,000 0.850% 1 Matured 02-Jan-13 Market 5,000 0.950% 1 Matured Total 15,000
2.8 Compliance with treasury limits .
2.8.1 During the financial year the Council operated within the prudential indicators as set in the annual treasury management strategy. The outturn for all the prudential indicators and treasury management indicators is shown in Appendix 1.
2.9 Investment Rates in 2012/13
2.9.1 Bank Rate remained at its historic low of 0.5% throughout the year; it has now remained unchanged for four years.
2.9.2 Market expectations of the start of monetary tightening were pushed back during the year to early 2015 at the earliest.
2.9.3 The Funding for Lending Scheme resulted in a sharp fall in deposit rates in the second half of the year.
Page 13 of 22 TM Review Council Page 137
• Overnight rate : this started the year at 0.432% and ended at 0.361%
• 1 month rate : this started the year at 0.571% and ended at 0.371%
• 3 month rate : from a high point for the year of 0.902% on 1 st April 2012, the rate dropped gradually throughout the year to a low of 0.382% on 31 st March 2013. The average for the year was 0.564%
• 6 month rate : from a high point for the year of 1.221% on 1/4/12, the rate dropped gradually to a low of 0.476% on 13th March 2013, ending the year at 0.478%
• 12-month rate : this started the year at 1.738%. It dropped gradually to reach a low of 0.783% at 19 th March 2013, ending the year at 0.784% by 31 st March.
2.10 Investment Outturn
Investment Policy
2.10.1The Council’s investment policy is governed by DCLG guidance, which was included in the annual investment strategy approved by the Council on 22 nd February 2012, and amended in the half year review approved by Council on 12 th December 2012. This policy set out the approach for choosing investment counterparties, and is based on credit ratings provided by the three main credit rating agencies supplemented by additional market data (such as rating outlooks, credit default swaps, bank share prices etc.).
2.10.2 The investment activity during the year conformed to the approved strategy, and the Council had no liquidity difficulties.
Resources
2.10.3The Council’s longer term cash balances comprise, primarily, revenue and capital resources, although these will be influenced by cash flow considerations. The Council’s core cash resources comprised as follows, and met the expectations of the budget:
31-Mar-12 31-Mar-13 Balance Sheet Resources (£’000) (£’000) Balances General Fund 13,326 15,804 Balances HRA 10,426 19,262 Earmarked reserves 51,529 55,419 Provisions 26,966 25,403 Usable capital receipts 3,611 5,331 Total 105,858 121,219
Page 14 of 22 TM Review Council Page 138 Investments at 31/3/13
2.10.4 The Council managed all of its investments in house with the institutions listed in the Council’s approved lending list. At the end of the financial year the Council had £65.119m of investments as follows:
Term Amount Start date End date (Days) rate% £'000 Institution 30-Aug- 30-Nov-12 13 273 0.45000% 5,000 Birmingham City Council 31-Oct-12 31-Oct-13 365 0.47000% 5,000 Newcastle City Council 15-Nov- 16-Nov-12 13 364 2.59375% 5,000 Coop Bank 28-Nov- 28-Nov-12 13 365 1.90000% 5,000 BOS Fixed Term Deposit 18-Mar-13 01-Apr-13 14 0.60000% 5,000 Nat West (RBS Group) Nat West (RBS Group )- 30 01-Mar-13 01-Apr-13 31 1.00000% 10,000 day notice account 01-Mar-13 01-Apr-13 31 0.75000% 10,000 BOS Corporate Account Coop - 95 Day Notice 01-Mar-13 01-Apr-13 31 1.30000% 5,000 Account 28-Mar-13 01-Apr-13 4 0.28125% 319 Coop - LA Reserve Account 28-Mar-13 01-Apr-13 4 0.45000% 14,800 Prime Rate MM Fund 65,119
2.10.5 The Council’s investment strategy was to maintain sufficient cash reserves to give it necessary liquidity, whilst trying to attain a benchmark average return of return of LIBID multiplied by 5%, whilst ensuring funds were invested in institutions which were the most secure. It should however be noted that, mindful of ensuring the security of its investments because of the instability within financial markets, recent borrowing has been for shorter periods because of historically low interest rates and also to give the Council greater opportunity to access its funds should it be perceived that there one of the financial institutions holding Council resources was facing an uncertain future (taking into account lessons learned from recent events such as the demise of the Icelandic Banks). This has therefore been reflected in lower investments yields. The overall position was, however, kept under review during 2012/13 so that income could be maximised, and continues to be so during the current financial year.
2.10.6 Whilst not impacting on the outturn for 2012/13, the Council is looking at ways to maintain its investment income. Opportunities are arising to invest funds with Local Authorities and Local Government Bodies for more than 12 months, something that the 2013/14 Treasury Management Strategy does not allow. Given the strong credit worthiness position of such organisations and the level of interest that can be on offer, it would seem prudent to change the Treasury Management strategy for 2013/14 so that the Council is able to take advantage of any appropriate investment opportunities with Local Authorities or Local Government Bodies for periods in excess of one year but
Page 15 of 22 TM Review Council Page 139 not exceeding three years. This course of action is therefore recommended for approval.
2.10.7 During 2012/13, the average 7 day LIBID uncompounded was 0.394% which resulted in a target for the Council to achieve of 0.4137%
The Performance against this benchmark was as follows
a) An Actual Average Rate of return in year of 0.90%
b) An Actual Rate of Return investments on 31/3/13 of 1.23%
2.10.8 It can therefore be clearly seen that the target was comfortably achieved when taking an average through the year and when undertaking the calculation at the year end.
Current Position of the Co-operative Bank
2.10.9 Whilst not having an impact on the financial year 2012/13, the recent well publicized financial difficulties of the Co-operative Bank (the Councils clearing bank), is however worthy of note. The Council is constantly monitoring the financial standing of the bank, and key announcements from Treasury Management advisors. At this time the position of the bank remains weakened but stable and it is still continuing to offer the full range of financial services to the Council which are being delivered satisfactorily. The bank has recovery plans in train. At present there are no proposals to make any amendment to current banking arrangements, although the Councils banking contract comes up for renewal on 1 st June 2014. The Councils Procurement Service has therefore issued an invitation to submit tenders for the provision of banking services with effect from June 2014. The closing date for such submissions is 28 th October 2013 and work will then take place to review and evaluate bids.
3 Options/Alternatives
3.1 In order that the Council complies with the Chartered Institute of Public Finance and Accountancy’s (CIPFA) Code of Practice on Treasury Management, the Council has no option other than to consider and approve the contents of the report. Therefore, no options/alternatives are presented.
4 Preferred Option
4.1 As stated above, the preferred option is that the contents of the report are approved.
5 Consultation
5.1 Sector, the Councils Treasury Management Advisors, and Cabinet (23 rd September).
Page 16 of 22 TM Review Council Page 140 6 Financial Implications
6.1 All included in the report.
7 Legal Services Comments
7.1 None
8 Cooperative Agenda
8.1 The Council ensures that any Treasury Management decisions comply as far as possible with the ethos of the Cooperative Council.
9 Human Resources Comments
9.1 None
10 Risk Assessments
10.1 There are considerable risks to the security of the Authority’s resources if appropriate treasury management strategies and policies are not adopted and followed. The Council has established good practice in relation to treasury management which has previously been acknowledged in the External Auditors’ Annual Governance Report presented to the Audit Committee.
11 IT Implications
11.1 None
12 Property Implications
12.1 None
13 Procurement Implications
13.1 None
14 Environmental and Health & Safety Implications
14.1 None
15 Equality, community cohesion and crime implications
15.1 None
16 Equality Impact Assessment Completed?
16.1 No
Page 17 of 22 TM Review Council Page 141 17 Key Decision
17.1 Yes
18 Forward Plan Reference
18.1 CMCL-26-13
19 Background Papers
19.1 The following is a list of background papers on which this report is based in accordance with the requirements of Section 100(1) of the Local Government Act 1972. It does not include documents which would disclose exempt or confidential information as defined by the Act:
File Ref: Treasury management investment and borrowing records prudential indicators.
Name of File: Treasury Management 2012/13 Review
Records held in: Treasury & Capital Section Borough Treasurer’s Dept Level 14, Civic Centre West St Oldham
Officer Name: Anne Ryans
Contact No: 0161 770 4902
20 Appendices
20.1 Appendix 1 - Prudential Indicators / Treasury Management Indicators
20.2 Appendix 2 – PWLB Borrowing Rates 2012/13 for 1 – 50 years
Page 18 of 22 TM Review Council Page 142 Appendix 1: Prudential Indicators/Treasury Management Indicators TABLE 1: Prudential indicators 2011/12 2012/13 2012/13 2012/13 Actual Original Revised Actual £'000 £'000 £'000 £'000 Capital Expenditure Non - HRA 97,593 66,709 105,882 76,816 HRA (applies only to housing authorities) 2,357 5,316 4,756 3,812 TOTAL 99,950 72,025 110,638 80,628
Ratio of financing costs to net revenue stream Non - HRA 14.05% 14.34% 13.49% 17.73%
Net borrowing Brought forward 1 April 120,065 152,899 76,112 76,112 Carried forward 31 March 76,112 196,873 110,423 83,306 In year borrowing 43,953 43,974 34,311 7,194
In year Capital Financing Requirement Non - HRA 1,553 18,027 106,169 66,251 TOTAL 1,553 18,027 106,169 66,251
Capital Financing Requirement as at 31 March Non - HRA 408,730 451,620 514,903 474,981 HRA (applies only to housing authorities) (8,580) (8,580) (8,580) (8,580) TOTAL 400,150 443,040 506,323 466,401
Incremental impact of capital investment £ p £ p £ p £ p decisions Increase in Council Tax (band D) per annum £ 11.12 £ 36.91 15.15 14.45
Page 19 of 22 TM Review Council Page 143 TABLE 2: Treasury management indicators 2011/12 2012/13 2012/13 2012/13 Actual Original Revised Actual
£'000 £'000 £'000 Authorised Limit for external debt - Borrowing 484,653 484,653 279,000 279,000 Other long term liabilities 200,000 210,000 240,000 240,000 TOTAL 684,653 694,653 519,000 519,000
Operational Boundary for external debt - Borrowing 474,653 474,653 269,000 269,000 Other long term liabilities 200,000 210,000 240,000 240,000 TOTAL 674,653 684,653 509,000 509,000
Actual external debt 330,293 374,252 404,800 389,025
Upper limit for fixed interest rate exposure Net principal re fixed rate borrowing / investments 100% 100% 100% 100% Actual 100% 100%
Upper limit for variable rate exposure Net principal re variable rate borrowing / 40% 40% 40% 40% investments Actual 0% 0%
Upper limit for total principal sums invested for 18,000 20,000 20,000 20,000 over 364 days Actual 5,000 0
Maturity structure of fixed rate borrowing during Upper Lower 2012/13 limit limit Actual Under 12 months 50% 0% 47.90% 12 months and within 24 months 40% 0% 13.47% 24 months and within 5 years 50% 0% 23.74% 5 years and within 10 years 50% 0% 4.61% 10 years and above 100% 40% 10.27%
Page 20 of 22 TM Review Council Page 144
Appendix 2
Page 21 of 22 TM Review Council Page 145
Page 22 of 22 TM Review Council Page 146 Agenda Item 18
COUNCIL
COMMITTEE CHANGES, ELECTION 2014 AND MUNICIPAL DIARY 2014/2015
Portfolio Holder: Councillor Jim McMahon, Leader of the Council Report of the Borough Solicitor
Date: 23 rd October 2013
Purpose of Report
1. To request that the current Chair of the Standards Committee, Councillor McDonald is replaced by Councillor Steve Williams. 2. To inform Council that the 2014 local elections will take place on the 22 nd May 2014 due to the European elections being held on the same day. The Municipal Calendar will need to be amended to reflect the later date and Council is asked to consider the alternative date of the 11 th June 2014 to hold the Annual Council meeting and agree the resulting changes to the calendar.
Recommendation That Council agrees the following recommendations: 1. Councillor Steve Williams replaces Councillor McDonald as Chair of the Standards Committee. 2. The date of the election be noted as 22 nd May 2014. 3. The date for Annual Council be agreed as 11 th June 2014. 4. The Council’s calendar of meetings for 2014/15 be approved, as set out in Appendix One.
Page 147
This page is intentionally left blank
Page 148 Version 1.0
CALENDAR OF MEETINGS
Page 149 1 MAY 2014 - 31 MAY 2015
- Blue date is under review by the Borough Treasurer
MAY, 2014 Mon day Tuesday Wednesday Thursday Friday 1 2 9.30 am Appeals Committee (if required)
5 6 7 8 9 Bank Holiday 2.30 pm Leadership
12 13 14 15 16 2.30 pm Leadership 7.30 pm Shaw and Crompton Parish Council Annual Meeting
19 20 21 22 23 Page 150 7.30 pm Saddleworth Parish Elections – Confirmed date Council Annual Meeting
26 27 28 29 30 Bank Holiday 2.30 pm Leadership 4.00 pm Audit Committee School Holiday (Summer Half School Holiday (Summer Half (Final Accounts) Term) End Term) Start
2
JUNE, 2014 Monday Tuesday Wednesday Thursday Friday 2 3 4 5 6 2.30 pm Leadership
9 10 11 12 13 2.30 pm Leadership 12.00 pm (Annual) Council – 6.00 pm Audit Committee – 5.30 pm Liberal Democrat Group Meeting 6.00 pm Labour Group Meeting 7.30 pm Shaw and Crompton Parish Council Meeting
16 17 18 19 20 2.30 pm Leadership 9.30 am Licensing Committee 6.00 pm Planning Committee 7.30 pm Saddleworth & Lees 6.00 pm Overview and Scrutiny 4.00 pm Joint Leadership / District Executive Board Transformational Change Page 151 Board 5.30 pm Unity Partnership Board 23 24 25 26 27 2.30 pm Leadership 9.30 am Licensing Driver Panel 7.00 pm Failsworth & 5.00 pm TRO Panel / 2.00 pm NJC 6.45 pm Chadderton District Hollinwood District Executive – Petitioners Panel 6.00 pm Shaw & Crompton Executive 7.30 pm Saddleworth Parish District Executive 6.30 pm Oldham District Council Meeting Executive 6.00 pm Royton District Executive
30 2.30 pm Leadership 6.00 pm Cabinet
3
JULY, 2014 Monday Tuesday Wednesday Thursday Frida y 1 2 3 4 9.30 am Licensing Panel 9.30 am Appeals Committee (if 4.00 pm Standards Committee required) 6.00 pm Overview and Scrutiny Performance and Value for Money Select Committee
7 8 9 10 11 2.30 pm Leadership LGA Conference start LGA Conference end
14 15 16 17 18 2.30 pm Leadership 9.30 am Licensing Driver Panel 6.00 pm Council School Holiday (Summer) Start 5.30 pm Liberal Democrat 6.00 pm Overview and Scrutiny
Page 152 Group Meeting Board 6.00 pm Labour Group Meeting 7.30 pm Shaw and Crompton Parish Council Meeting 21 22 23 24 25 2.30 pm Leadership 9.30 am Licensing Panel 6.00 pm Planning Committee 7.30 pm Saddleworth & Lees 6.00 pm Cabinet District Executive
28 29 30 31 Eid al-Fitr 2.00 pm Joint Leadership 6.45 pm Chadderton District 6.00 pm Werneth Community 2.30 pm Leadership 6.00 pm Shaw & Crompton Executive Forum 6.00 pm Royton District District Executive 6.30 pm Oldham District 7.00 pm Failsworth & Executive Executive Hollinwood District Executive 7.30 pm Saddleworth Parish Council Meeting
4
AUGUST, 2014 Monday Tuesday Wednesday Thursday Friday 1
4 5 6 7 8 Recess Start 11 12 13 14 15
18 19 20 21 22 Recess End 25 26 27 28 29 Bank Holiday 2.30 pm Leadership 6.00 pm Planning Committee 6.00 pm Overview and Scrutiny 6.00 pm Cabinet Performance and Value for Money Select Committee Page 153
5
SEPTEMBER, 2014 Monday Tuesday Wednesday Thursday Friday 1 2 3 4 5 2.30 pm Leadership 9.30 am Licensing Driver Panel 4.00 pm Joint Leadership / 9.30 am Appeals Committee (if 6.00 pm Overview and Scrutiny Transformational Change required) Board Board 5.30 pm Unity Partnership Board 8 9 10 11 12 2.30 pm Leadership 6.00 pm Council 6.00 pm Audit Committee 5.30 pm Liberal Democrat Group Meeting 6.00 pm Labour Group Meeting 7.30 pm Shaw and Crompton Parish Council Meeting 15 16 17 18 19
Page 154 2.30 pm Leadership 9.30 am Licensing Panel 6.00 pm Planning Committee 5.00 pm TRO Panel / 4.00 pm Standards Committee Petitioners Panel
22 23 24 25 26 2.30 pm Leadership 6.00 pm Overview and Scrutiny 6.00 pm Cabinet Performance and Value for 7.30 pm Saddleworth Parish Money Select Committee Council Meeting 29 30 2.30 pm Leadership 6.00 pm Shaw & Crompton 6.00 pm Royton District District Executive Executive
6
OCTOBER, 2014 Monday Tuesday Wednesday Thursday Friday 1 2 3 6.30 pm Oldham District 9.30 am Appeals Committee (if Executive required) 7.00 pm Failsworth & Hollinwood District Executive
6 7 8 9 10 2.30 pm Leadership 9.30 am Licensing Driver Panel 6.45 pm Chadderton District 7.30 pm Saddleworth & Lees Executive District Executive
13 14 15 16 17 2.30 pm Leadership 2.00 pm NJC 6.00 pm Planning Committee 2.00 pm Joint Leadership 6.00 pm Overview and Scrutiny 7.30 pm Shaw and Crompton Board Parish Council Meeting Page 155 20 21 22 23 24 2.30 pm Leadership 9.30 am Licensing Panel 6.00 pm Council 5.30 pm Liberal Democrat Group Meeting 6.00 pm Cabinet 6.00 pm Labour Group Meeting 27 28 29 30 31 2.30 pm Leadership 6.00 pm Overview and Scrutiny 7.30 pm Saddleworth Parish Performance and Value for Council Meeting Money Select Committee 6.00 pm Werneth Community Forum
7
NOVEMBER, 2014 Monday Tuesday Wednesday Thursday Friday 3 4 5 6 7 2.30 pm Leadership 9.30 am Licensing Driver Panel 4.00 pm Joint Leadership / 9.30 am Appeals Committee (if Transformational Change required) Board 5.30 pm Unity Partnership Board 10 11 12 13 14 2.30 pm Leadership 6.00 pm Planning Committee 6.00 pm O&S PVFM st 7.30 pm Shaw and Crompton (Administration Budget – 1 Parish Council Meeting Tranche) 17 18 19 20 21 2.30 pm Leadership 9.30 am Licensing Panel 6.30 pm Oldham District 7.00 pm Failsworth & 6.00 pm Cabinet 6.00 pm Shaw & Crompton Executive Hollinwood District Executive District Executive
Page 156
24 25 26 27 28 2.30 pm Leadership 9.30 am Licensing Committee 6.45 pm Chadderton District 7.30 pm Saddleworth & Lees 6.00 pm Royton District 6.00 pm O&S PVFM Executive District Executive st Executive (Opposition Budget – 1 7.30 pm Saddleworth Parish Tranche) Council Meeting
8
DECEMBER, 2014 Monday Tuesday Wednesday Thursday Friday 1 2 3 4 5 2.30 pm Leadership 9.30 am Licensing Driver Panel 9.30 am Appeals Committee (if 6.00 pm Overview and Scrutiny required) Board 6.00 pm Audit Committee 8 9 10 11 12 2.30 pm Leadership 5.00 pm TRO Panel / 6.00 pm Planning Committee 6.00 pm Overview and Scrutiny 6.00 pm (Budget) Cabinet Petitioners Panel Performance and Value for 7.30 pm Shaw and Crompton Money Select Committee Parish Council Meeting 15 16 17 18 19 2.30 pm Leadership 9.30 am Licensing Panel 6.00 pm Council 5.30 pm Liberal Democrat 4.00 pm Standards Committee Group Meeting 6.00 pm Cabinet 6.00 pm Labour Group Meeting 7.30 pm Saddleworth Parish Page 157 Council Meeting 22 23 24 25 26 Bank Holiday Bank Holiday 29 30 31
9
JANUARY, 2015 Monday Tuesday Wednesday Thursday Friday 1 2 Bank Holiday 5 6 7 8 9 2.30 pm Leadership 9.30 am Appeals Committee (if required) 4.00 pm Joint Leadership / Transformational Change Board 5.30 pm Unity Partnership Board
12 13 14 15 16 2.30 pm Leadership 9.30 am Licensing Driver Panel 6.00 pm Planning Committee 7.30 pm Shaw and Crompton 6.00 pm Overview and Scrutiny
Page 158 Parish Council Meeting Board 19 20 21 22 23 2.30 pm Leadership 9.30 am Licensing Panel 6.00 pm O&S PVFM nd 6.00 pm Royton District 7.00 pm Failsworth & 6.30 pm Oldham District (Administration Budget – 2 Executive Hollinwood District Executive Executive Tranche)
26 27 28 29 30 2.30 pm Leadership 2.00 pm NJC 6.45 pm Chadderton District 6.00 pm Werneth Community 6.00 pm Cabinet 6.00 pm Shaw & Crompton Executive Forum 7.30 pm Saddleworth Parish District Executive 7.30 pm Saddleworth & Lees Council Meeting District Executive
10
FEBRUARY, 2015 Monday Tuesday Wednesday Thursday Friday 2 3 4 5 6 2.30 pm Leadership 9.30 am Licensing Driver Panel 6.00 pm Council 9.30 am Appeals Committee (if 5.30 pm Liberal Democrat 6.00 pm O&S PVFM required) nd Group Meeting (Opposition Budget – 2 6.00 pm Overview and Scrutiny 6.00 pm Labour Group Meeting Tranche) Performance and Value for Money Select Committee 9 10 11 12 13 2.30 pm Leadership 6.00 pm Planning Committee 7.30 pm Shaw and Crompton Parish Council Meeting 16 17 18 19 20 2.30 pm Leadership 9.30 am Licensing Panel 2.00 pm Joint Leadership 6.00 pm (Budget) Cabinet
23 24 25 26 27 2.30 pm Leadership 6.00 pm Overview and Scrutiny 6.00 pm (Budget) Council Page 159 6.00 pm Cabinet Board 6.00 pm Labour Group Meeting 7.30 pm Saddleworth Parish Council Meeting
11
MARCH, 2015 Monday Tuesday Wednesday Thursday Friday 2 3 4 5 6 2.30 pm Leadership 9.30 am Licensing Driver Panel 9.30 am Appeals Committee (if required) 6.00 pm Audit Committee 9 10 11 12 13 2.30 pm Leadership 9.30 am Licensing Committee 6.00 pm Planning Committee 6.00 pm Overview and Scrutiny 5.00 pm TRO Panel / 4.00 pm Standards Committee Performance and Value for Petitioners Panel Money Select Committee 7.30 pm Shaw and Crompton Parish Council Meeting
16 17 18 19 20 2.30 pm Leadership 9.30 am Licensing Panel 6.30 pm Oldham District 7.00 pm Failsworth & 6.00 pm Royton District 6.00 pm Shaw & Crompton Executive Hollinwood District Executive
Page 160 Executive District Executive
23 24 25 26 27 2.30 pm Leadership 6.45 pm Chadderton District 7.30 pm Saddleworth & Lees 4.00 pm Joint Leadership / Executive District Executive Transformational Change Board 5.30 pm Unity Partnership Board 7.30 pm Saddleworth Parish Council Meeting 30 31 2.30 pm Leadership 5.30 pm Liberal Democrat Group Meeting 6.00 pm Cabinet 6.00 pm Labour Group Meeting
12
APRIL, 2015 Monday Tuesday Wednesday Thursday Friday 1 2 3 6.00 pm Council 9.30 am Appeals Committee (if Bank Holiday required)
6 7 8 9 10 Bank Holiday 2.30 pm Leadership 9.30 am Licensing Driver Panel 6.00 pm Overview and Scrutiny Board 13 14 15 16 17 2.30 pm Leadership 6.00 pm Planning Committee 2.00 pm Joint Leadership
20 21 22 23 24 2.30 pm Leadership 9.30 am Licensing Panel 2.00 pm NJC Page 161 27 28 29 30 2.30 pm Leadership 6.00 pm Werneth Community 6.00 pm Cabinet Forum 7.30 pm Saddleworth Parish Council Meeting
13
MAY, 2015 Monday Tuesday Wednesday Thursday Friday 1
4 5 6 7 8 Bank Holiday Elections (Local and National) 11 12 13 14 15 2.30 pm Leadership 7.30 pm Shaw and Crompton Parish Council Meeting 18 19 20 21 22 2.30 pm Leadership 12.00 pm (Annual) Council 5.30 pm Liberal Democrat Group Meeting 6.00 pm Labour Group Meeting 7.30 pm Saddleworth Parish Page 162 Council Annual Meeting 25 26 27 28 29 Bank Holiday 2.30 pm Leadership
14 Agenda Item 19
Report to Council
Chief Officer Remuneration – Managing Director for the Unity Partnership
Report of the Chief Executive
Portfolio holder: Councillor Jenny Harrison
23 October 2013
Officer Contact: Dianne Frost – Assistant Executive Director, People Services. Ext. 4695
Reason for Decision
In accordance with the Council’s Pay Policy Statement, it is a requirement that any Chief Officer remuneration of £100k or over requires full Council approval prior to its application. The Selection Committee has recently approved the appointment of a dual role whereby the Executive Director for Commercial Services will be seconded to the post of the Managing Director of the Unity Partnership for 50% of the working week until the end of July 2014 when the arrangement will be reviewed.
The Selection Committee recommend to Council that they approve a single payment to be paid after the end of July 2014 by way of remuneration for the additional responsibility that this arrangement presents to the post holder.
Recommendation
That Council approves a non-consolidated payment of £8k to be paid in recognition of the additional responsibilities of this post, particularly in the initial year of this arrangement and subject to the delivery of the framework and milestones agreed by the Council’s Chief Executive and the Joint Venture Board.
Page 163
Council – 23 October 2013
Chief Officer Remuneration – Managing Director for the Unity Partnership
1 Background
1.1 The Unity Partnership is in year 6 of its 12 year contract. In October 2012, the Partnership Board requested a review and restructure of the Unity Partnership to ensure that it continues to be effective and delivers the required outcomes for all parties throughout the remaining contract term. As a result, a Heads of Agreement proposing a restructuring of the Unity Partnership was submitted to the Cabinet and received its approval in May 2013. One of the realigned commercial terms agreed was that the Council and Mouchel appoint a joint Managing Director for the Unity Partnership and that the individual appointed would be employed by the Council. The key accountabilities of the post are:
• To have overall operational and managerial responsibility for the Partnership. • To deliver the Unity Partnership strategy as determined by the Joint Venture Board. • To realise the cash/benefits that the Council seeks as set down within the revised agreement. • To streamline the interfaces between the Council and Unity processes.
1.2 It was proposed that Emma Alexander, the Executive Director Commercial Services, undertakes this role in addition to her current key accountabilities, which includes the management of the Unity Partnership contract. The recent appointment of the Assistant Executive Director Commercial Services would ensure there is sufficient additional capacity at that support level within the Council to enable this dual role to be undertaken.
1.3 Nevertheless, it is agreed with Mouchel that this arrangement be reviewed after a period of 12 months or by the end of July 2014 (whichever date was earliest), to ensure that the objectives are being fully met and the benefits are on track to be realised by all parties.
1.4 The Heads of Terms (as agreed by both the council and Mouchel) outlined that the combined role be jointly funded by both organisations thereby providing a significant saving to the Council as detailed within the financial implications section of this paper.
1.5 The Selection Committee met in September and agreed that the appointment could proceed as set down within the Heads of Agreement and that a single payment should be made at the end of the initial review period to reflect the additional responsibilities this arrangement will present to the post holder; particularly the complexity of implementing the Agreement. This paper seeks the approval of Council to award that payment as set out below.
Page 2 of 4 Chief Office Remuneration - Managing Director for the Unity Partnership October 2013
Page 164
2 Remuneration
2.1 It is intended that this arrangement is initially in place until the end of July 2014 and that the post holder will be part seconded to the Managing Director role during this period. The Selection Committee determined that the additional responsibility required of the post holder and particularly leading on the complexity of the ‘start up’ of this arrangement should be remunerated but payment should be subject to the delivery of the framework and milestones agreed by the Council’s Chief Executive and the Joint Venture Board.
2.2 On that basis, the Selection Committee recommend that a single payment of £8k be made to the post holder in August 2014 and following a successful review of the arrangement. This will be a non-consolidated payment and therefore the basic salary remains unchanged.
2.3 Future arrangements for the post and its remuneration will be determined as part of the review to be completed by 31 July 2014.
3 Consultation
3.1 All parties impacted by this secondment have been duly consulted.
4 Financial Implications
4.1 The table below sets out the financial implications of the report:
£’000
Current cost to Council 168
New Salary including on costs & 3 178 days unpaid Less 50% contribution from Unity (89) Revised cost to the Council 89 Annual saving to the Council (79)
4.2 Expenses will be processed via the Council payroll and recharged to Unity as and when appropriate.
Steven Mair Borough Treasurer
5 Legal Services Comments
5.1 This arrangement reflects the provisions within the Heads of Agreement. It is necessary to seek Council approval for the proposal in accordance with the Pay Policy Statement.
Page 3 of 4 Chief Office Remuneration - Managing Director for the Unity Partnership October 2013
Page 165
Paul Entwistle Borough Solicitor
6 Human Resources Comments
6.1 Included within the paper.
7 Risk Assessments
7.1 Not applicable
8 IT Implications
8.1 None
9 Property Implications
9.1 None
10 Procurement Implications
10.1 None
11 Environmental and Health & Safety Implications
11.1 None
12 Equality, community cohesion and crime implications
12.1 None
13 Equality Impact Assessment Completed (EIA)
13.1 The proposal has no impact on any particular equality group therefore EIA not completed.
14 Key Decision
14.1 No
15 Forward Plan Reference
15.1 Not applicable
16 Background Papers
16.1 None
17 Appendices
17.1 None
Page 4 of 4 Chief Office Remuneration - Managing Director for the Unity Partnership October 2013
Page 166 Agenda Item 20
COUNCIL
Revised Officer Code of Conduct
Report of Carolyn Wilkins, Deputy Chief Executive
Portfolio Holder : Cllr J Harrison – Commissioning and Public Sector Reform
23 rd October 2013
Officer Contact : [Dianne Frost, Assistant Executive Director (People Services) Ext. [4695.]
Reason for Decision As an item, which forms part of the council’s constitution, Council is requested to approve the revised Code of Conduct and associated documents.
Executive Summary
The purpose of the Code of Conduct is to provide a clear framework within which employees of the council are expected to conduct themselves. The Code outlines personal behaviours that the council expects its employees to exemplify in addition to clearly defined legal obligations.
Given changes to legislation in June 2013 and significant technological changes to the working environment, the Code has been reviewed to reflect current legislation, HR best practice and to better reflect the current employment environment in Oldham Council.
In summary, the revisions to the council’s Code of Conduct are as follows;
• Clarification is given as to whom the Code applies. Oldham Council expects its employees, partners and contractors to adopt this code when working with the council in public service. The Code will be issued to all employees as part of the pre- employment and induction process. Agency staff will receive a copy of the Code in advance of the commencement of agency assignments. Consultants will similarly be
Page 167 issued with the code as part of their contract and via Procurement as are other suppliers of labour currently. • The standards of Oldham Council have been detailed further and aligned to the Oldham Values and Behaviours. Conduct in relation to theft, violence, drugs and alcohol is detailed specifically. • The Code has been amended to reflect the organisation’s commitment to volunteering, as outlined in the Employer Supported Volunteering Policy. • An E Register is to be introduced to audit all personal and business interests, gifts and hospitality in one, easy to access and auditable electronic record. Access to this by those who do not currently have dedicated IT is being arranged via nominated proxy users. • Reference has been added to the council’s ongoing ownership of intellectual property including where this is developed for/on behalf of the council by any one of the various enterprise relationships including trading arms, business units and contractors. • The council’s commitment to equality is further detailed and a link is provided in the code to the Council’s to the Fairness Statement. • Expectations of behaviour during the tendering process are amended to reflect the Community Right to Challenge. • The council’s obligations and expectations to its employees under the Bribery Act 2010 have been detailed. • Reference is made to political restrictions and the criterion for politically restricted posts has been added in Appendix 7 to the Code. • The council’s commitment and legal duty of care for the health, safety and welfare of its employees has been added. Employees own duties with regard to their own and the health and safety of others has also been detailed. • The council’s expectations of employee contact with the media have been detailed to clarify the required protocols. • The requirement for employees to disclose criminal convictions which directly impact upon / restrict their ability to undertake their work has been added. • The Whistleblowing Policy has been amended to reflect the changes to legislation in June 2013. A link to the reporting documents has been added to ease access to the policy and ensure its full and appropriate use. It is the intention to further this work at a later date with revisions to the Whistleblowing Policy being made by the Audit and Counter Fraud team supported by People Services. The purpose of this work will be to simplify the process in a stand alone policy, which reflects current best practice. • Access to Information and Information Technology Guidelines has been revised to reflect the council’s and employee obligations with reference to information management legislation, changes to technology in the working environment and the legitimate use of social media. • Reference is made in the code to the requirement to disclose criminal convictions, cautions and bind-overs, which directly impact on/restrict, an individual’s ability to undertake their work or full range of duties.
Recommendations
Council is asked to consider the Code of Conduct and associated documents, and give final approval for its adoption by the Authority.
Page 2 of 6 [Document Title] [date] Page 168 Council
Revised Officer Code of Conduct
1 Background
1.1 The purpose of the Code of Conduct is to provide a clear framework within which employees of the council are expected to conduct themselves. The Code outlines personal behaviours that the council expects its employees to exemplify in addition to clearly defined legal obligations.
1.2 Given changes to legislation in June 2013 and significant technological changes to the working environment, the Code has been reviewed to reflect current legislation, HR best practice and to better reflect the current employment environment in Oldham Council.
1.3 Development of the revised Code of Conduct commenced in April 2013. A working group was established and included legal representation, ICT, Information Management and trade union colleagues. The remit of the group was to review the Code to ensure it was legally compliant and fit for purpose. Further input was also received from Procurement, Communications, Audit, Health and Safety and Business Intelligence.
2 Current Position
2.1 Extensive consultation has been conducted across the organisation including with the Trade Unions. The Chair and Vice Chair of Local NJC have approved the Code.
3 Options/Alternatives
3.1 The revisions to the Code reflect legislative changes with which the council must comply. Alternative options with reference to content, main headings and structure have been considered and incorporated where appropriate and necessary. The Code of Conduct is now regarded as being sufficiently comprehensive to comply with legislation and the council’s obligations as an employer, but also suitably accessible to be fit for purpose.
4 Consultation
4.1 The joint working group outlined in 1.3 were fully consulted and their input included within the final draft of the Code; ensuring legal and best practice compliance.
4.2 Trade unions colleagues have been consulted at various stages of the development of the code and their views have influenced and shaped the final document,. In addition, to date, senior officers and some Members including those Members of the Local NJC have been consulted in the development of the Code and have approved the version now submitted to Full Council.
5 Financial Implications
5.1 There is no additional expenditure associated with the introduction of this Code (Mark Stenson )
Page 3 of 6 [Document Title] [date] Page 169
6 Legal Services Comments
6.1 Legal Services have been involved in the review and have provided input in relation to the legal requirements of the code. (Colin Brittain)
7. Cooperative Agenda
7.1 The principles of transparency, fairness and equality underpin the Code of Conduct, which ensures that council employees work in ways that are ethical, fair and deliver value for money services for the residents of Oldham. It is these same principles upon which the council’s cooperative agenda is built.
7.2 Detail has been added to the Code of Conduct in relation to the standards of Oldham council, and these have been aligned to the Oldham Values and Behaviours to ensure that they influence all aspects of work at the council.
8 Human Resources Comments
8.1 The revisions to the Code of Conduct have been made in the wake of legislative changes made in June 2013. These revisions reflect amendments made to the Public Interest Disclosure Act 1998 with respect to the policy for whistle-blowing. In addition, the council’s obligations and expectations of its employees under the Bribery Act 2012 have been detailed. Both these revisions were essential in order for the council to comply with legislation.
8.2 In addition, the Code has been amended to reflect best practice, particularly in relation to data management, equality issues and health and safety. References to the use of IT including social media have also been revised in relation to the modern working environment.
8.3 The revisions to the Code are considered sufficiently detailed to ensure HR best practice and legal compliance is maintained, whilst remaining clear and accessible enough to be meaningful for a diverse workforce such as Oldham Council’s.
9 Risk Assessments
9.1 The current Officer Code of Conduct has not been updated for a significant period of time. An updated Code of Conduct is considered appropriate to the Council’s terms and conditions and thus reduce its risk around compliance to current employment legislation. (Mark Stenson)
10 IT Implications
10.1 None
11 Property Implications
Page 4 of 6 [Document Title] [date] Page 170 11.1 None
12 Procurement Implications
12.1 When contracting with suppliers of labour and consultants procurement ensure this process is in line with our CPR’s and EU Regulations.
12.2 Procurement will ensure that the terms of the contract ensure adherence to our Officer Code of Conduct. Karen Lowes
13 Environmental and Health & Safety Implications
13.1 The Health, Safety and Wellbeing Manager was fully consulted with during the development of the revised Code and supported the working group by providing further detailed information to ensure Section 18 Health and Safety was sufficiently comprehensive to outline the council’s legal duty of care in addition to the responsibility of all employees to comply with health and safety arrangements put in place by the council.
14 Equality, community cohesion and crime implications
14.1 The Code of Conduct applies to all employees equally and provides clarity as to expectations of all, regardless of equality group.
14.2 In addition, there is a clear link to the Oldham Council Fairness Statement, which sets out the organisation’s commitment to equality and diversity in terms of its responsibilities as an employer, a commissioner of services and a deliverer of services.
15 Equality Impact Assessment Completed?
15.1 No – see 15
16 Key Decision
16.1 No
17 Key Decision Reference
17.1 N/A
18 Background Papers
18.1 N/A
19 Appendices
19.1 Code of Conduct
Page 5 of 6 [Document Title] [date] Page 171
Page 6 of 6 [Document Title] [date] Page 172
Code of Conduct
October 2013
1
Page 173
Contents
1 Introduction 3 2 Who the Code is aimed at 3 3 Compliance with the Code 3 4 Standards 4 5 Disclosure of Information 5 6 Political Neutrality 5 7 Business Interests 6 8 Intellectual Property 6 9 Personal Interests 7 10 Equality Issues 7 11 Behaviour during the Tendering Process 8 12 Corruption and Bribery 8 13 Hospitality and Gifts 9 14 Corporate Sponsorship - Giving and Declining 10 15 Use of Facilities 11 16 Information Technology and Data Management 11 17 Political Restrictions 11 18 Health and Safety 12 19 Contact with the Media 12 20 Disclosure of Criminal Convictions 13 21 Drugs and Alcohol 13
Appendix 1 Nolan Principles of Public Life Appendix 2 The Whistle Blowing Policy (including form) Appendix 3 Guidance on Gifts and Hospitality Appendix 4 Access to Information and Information Technology Guidelines Appendix 5 Financial and Non-Financial Interests Appendix 6 Further Clarification on Employees’ Interests Appendix 7 Criteria for Politically Restricted Posts
2
Page 174 1. Introduction
1.1 The public rightly expects the highest standards of conduct from all employees of the council. This Code draws together existing laws, regulations and conditions of service to guide employees in their day to day work.
1.2 The aim of the Code is to lay down the requirements on you as a Local Government employee and thus help maintain and improve standards. It also helps to protect you from misunderstanding and unfair criticism. The Code should be considered where necessary in conjunction with:
• Appendix 1 Nolan Principles of Public Life • Appendix 2 The Whistle Blowing Policy (including form) • Appendix 3 Guidance on Gifts and Hospitality • Appendix 4 Access to Information and Information Technology Guidelines • Appendix 5 Financial and Non-Financial Interests • Appendix 6 Further Clarification on Employees’ Interests • Appendix 7 Criteria for Politically Restricted Posts
1.3 Each of those documents confirms in detail the basic requirement of this Code for integrity of behaviour.
2. Who the code is aimed at
2.1 The Code applies to all employees of the council . It continues to guide you if you carry out for the council work as nominee to companies, voluntary organisations or other bodies.
2.2 The Code of Conduct is issued to each individual employee of the council as part of the pre Induction process and is also available at (LINK). Every employee is expected to read, understand and accept the Code and abide by the standards of behaviour expressed within it.
2.3 Oldham Council expects its partners, and contractors employed by it, to adopt this code when working with the council in public service.
3. Compliance with the Code
3.1 It is your responsibility to comply with the Code.
3.2 If you have reason to believe that a fellow employee is in breach of this Code of Conduct, you must disclose the information using the procedure described in Appendix 2.
3
Page 175 3.3 The council takes very seriously any allegations relating to fraud, corruption or breaches of this Code. If substantiated after investigation they will be dealt with by the council’s Disciplinary Procedure, and may be referred to the Police for prosecution.
3.4 Equally, abuse of this process by raising unfounded or malicious allegations would also be treated as a disciplinary matter.
4. Standards
4.1 Employees are expected to give the highest possible standard of service to the public. Where it is part of your duties, you should provide appropriate advice to councillors, the public and fellow employees with impartiality.
4.2 The Nolan Committee outlined seven principles of Public Life. Whilst the principles were primarily devised to guide councillors and very senior officers, and are sometimes not precisely relevant to all employees, they are important as a set of simple statements which set the tone of behaviour this Code seeks to secure from you. In addition, these standards fully reflect the Oldham Values (Pride, Team, Integrity and Delivery) which employees are required to demonstrate in all their work for the council. The Nolan principles are reproduced here in full at Appendix 1.
4.3 As reflected in the Oldham Value; Pride, it is essential that you promote a positive image of the Council and the Borough in your personal behaviour. Public confidence and the council’s trust in you would be undermined if you;
• threaten, fight with or assault anyone, or persist in verbal or non- verbal behaviour which would intimidate or offend anyone. • steal, take without authority or deliberately damage things that belong to someone else or the council.
4.4 If your role involves providing advice to councillors it is essential that mutual respect between you is maintained. Close personal familiarity between employees and local councillors can damage the relationship; you must therefore avoid it.
4.4 You must always remember your responsibilities to the community you serve and ensure courteous efficient and impartial service delivery to all colleagues, groups and individuals within that community, as required by the policies of the council.
4.5 The Oldham Value of Integrity requires council employees to act openly
4
Page 176 and honestly. If your work requires you to use public funds, you must use them responsibly and lawfully, and comply with the council’s rules.
4.6 You must use the care and economy you would use for your own money to secure value for money to the local community and to avoid legal challenges to the council.
4.7 Failure to adhere to these standards may result in disciplinary action and may result in dismissal.
5. Disclosure of information
5.1 The council supports the principles of open government. It acknowledges and will comply with the laws which require that certain types of information must be available to the public, service users, councillors, government departments and auditors.
5.2 Unless you are certain that the council has made information open / public, you should not disclose it. If you are in doubt, seek advice from your manager.
5.3 You must not use any information obtained in the course of your work for personal gain or benefit, or for political advantage. You must not pass it on to others who might use it in any of these ways.
5.4 Specific information received by you from a councillor which is personal to that councillor, and does not belong to the council, must not be divulged by you without the prior approval of that councillor, except when required or sanctioned by the law.
6. Political neutrality
6.1 You must serve the council as a whole. It follows that you must serve all councillors and not just those of the controlling group. You must ensure that the individual rights of all councillors are respected.
6.2 If your work requires you to advise political groups, you must not compromise your own political neutrality when doing so.
6.3 Some employees are in politically restricted posts (see Section 17). Their employment conditions are known to them and restrict their personal political activities. Beyond that you must follow every lawfully expressed policy of the council and must not allow your own personal or political opinions to interfere with the council’s work or your job’s proper contribution to that work.
5
Page 177 7 Business Interests
7.1 Whatever your pay grade you must not undertake additional work (paid or unpaid) if it compromises your work or overlaps it in some way, or if, to do that work, you would rely on access to knowledge/materials gained through your work for the council, save for work that has been previously approved in accordance with the council’s voluntary work programme. Further details are available in the Employer Supported Volunteering Policy. (LINK)
7.2 If you are paid above Grade 6 (above SCP 28) you must obtain specific prior written consent from your Head of Service before taking an additional appointment or any other work outside of your contract with the council. Your work for the council should be your primary employment. Additional employment should be disclosed to the Monitoring Officer and this data will be held on the E Register .
7.3 If you are concerned you fit into either of these categories, you must disclose it immediately to your Head of Service.
7.4 When any proposed additional employment, work or business conflicts with the council’s interests or in any way might weaken public confidence in the council, the requests will be refused.
7.5 Your off-duty hours are your own personal concern. But again actions outside work must not compromise the public’s confidence in public servants employed by the council.
7.6 In the context above, it is clear that you must not undertake outside work or activity for personal gain in the office or work place. Use of facilities, equipment, materials or computer facilities for none work related purposes (other than approved Employer Supported voluntary work) is not allowed.
8 Intellectual property
8.1 Intellectual property is the term that includes inventions, creative writing, (such as computer software) and drawings. Nowadays many people’s work habitually involves them in creating intellectual property for the council. When intellectual property is created by you during your employment with the council, on behalf of the council, then the work belongs to the council.
8.2 The council has a number of enterprise relationships to enhance delivery and efficiency of services. Any software, designs, content, methodologies, techniques, processes, inventions, materials or other deliverables developed in whole or in part by its enterprises, trading arms, business
6
Page 178 units or contractors, on behalf of the council, remain the property of the council.
9 Personal interests
9.1 You must declare to your Head of Service any interests financial or non- financial that you have which could conflict with the council’s interest.
9.2 If you belong to an organisation which is not open to the public without formal membership and commitment of allegiance, and which has secrecy about rules or membership or conduct, you must declare it to your Head of Service.
9.3 All personal interests reported will be recorded by the Monitoring Officer. Further advice about declarable interests is included at Appendix 5 and Appendix 6. The lists are not exhaustive. When in doubt, you must declare the interest at the earliest opportunity. Failure to do so is a Disciplinary matter and may result in dismissal.
10 Equality issues
10.1 Our Fairness Statement sets out our commitment to equality and diversity in terms of our responsibilities as an employer, a commissioner of services and a deliverer of services. The Equality Act 2010 sets out the Public Sector Equality Duty, which requires us to pay due regard to the vulnerable groups protected by law when making any decision. We are also required to develop equality objectives to be renewed every four years. Our equality objectives form part of our ethical framework, complementing and supporting the delivery of our co-operative ambition for the borough by ensuring that we are inclusive in our approach. Additionally, we are required to publish our service data and workforce data on an annual basis. Our Fairness Statement, equality objectives and equality data can be found at:
http://www.oldham.gov.uk/info/200146/strategies_plans_and_policies/976/ equality_and_diversity
10.3 The council expects all of its employees to play a part in making sure that it meets its commitments and ensures that Oldham provides quality services fairly and equitably to the whole community. All employees are responsible for familiarising themselves with these documents.
10.4 All employees are required to treat colleagues and the public in a fair and equitable way; avoiding unfair discrimination in any form and anything which would demean, distress or offend other people.
7
Page 179 10.5 The council takes these commitments very seriously and any deliberate act of discrimination or other serious breach of the Equality and Diversity Policy by Oldham employees may be considered as an act of gross misconduct and may result in disciplinary action, possibly leading to dismissal.
11 Behaviour during the tendering process
11.1 If you are involved in the potential contracting out of a service, whether on the client or contractor side, you must ensure that competition between prospective contractors is fair and open, and that all competing parties, both external and internal, are treated equally.
11.2 In general, as a public servant your employment with the council should take precedence over any business interests you may have or wish to have. But any relationships of a business or personal nature with current or potential contractors must be made known to your Head of Service and Monitoring Officer to be held on the E Register. You must award orders or contracts on merit, by fair competition against other tenders. The council’s procurement procedures for such competition must be followed.
11.3 If you engage or supervise contractors; or have any like official relationship with them on behalf of the council, and have previously done or currently do business with them in a private or domestic capacity, you should declare that to your Head of Service and be guided.
11.2 Information on tenders or costs of internal or external contractors is confidential and must not be disclosed.
11.3 You must follow the council formal procedure for the procurement of agency workers and consultants (LINK).
12. Corruption and Bribery
12.1 It is a serious criminal offence of corruption if you receive or give any gift, loan, fee, reward or advantage for doing or not doing anything or for showing favour or disfavour in the course of your work. Anyone offered an inducement (in whatever form) to undertake an action or make a decision in favour of another person, regardless of whether the same decision would have been made without the inducement, could be deemed as committing a corrupt act.
12.2 If inducements have been made it would be for you to demonstrate that they have not been corruptly obtained or given. In layman’s terms, for this offence alone in British law, you would be presumed guilty until proved innocent.
8
Page 180
12.3 Bribery is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage.
12.4 Under the Bribery Act 2010, individuals can be prosecuted for accepting bribes or offering bribes. It is an offence to offer, promise or give a bribe. It is also an offence to request, agree to receive, or accept a bribe. In this case a bribe is a financial or other advantage, which is offered or requested with the intention of inducing or rewarding the improper performance of a relevant function or activity.
12.5 In addition, the council can be prosecuted for failing to prevent bribery committed to obtain or retain business advantage for the council by an employee, other individual or organisation performing services for the council. The council will comply with its duty to report alleged acts of bribery to the police if it becomes aware or reasonably suspects that bribery is taking place.
12.6 You have an obligation to report any financial interest or relationship which could affect the decisions or policies of the Council to the Monitoring Officer. This data will be held on the E Register.
12.7 If involved in appointments you must decide them on the basis of merit, as detailed in the Recruitment and Selection Policy. It is unlawful to do otherwise.
12.8 You must not be involved in an appointment if you are related to an applicant or have a close personal relationship outside work with him or her.
12.9 Similarly you must not be involved in decisions relating to discipline, promotion or pay adjustments for any employee with whom you have a close personal relationship.
12.10 Cases of alleged corruption or bribery will be dealt with seriously. Failure to adhere to these rules may lead to disciplinary action being taken, which may result in dismissal.
13. Hospitality and gifts
13.1 Giving hospitality - You must be authorised by your manager to offer and give hospitality. Any hospitality offered must be justified as in the interest of the council, and must be on a scale appropriate to the occasion. Extravagance must be avoided. Further guidance and specific examples are at Appendix 3.
9
Page 181 13.2 Receiving hospitality - Treat cautiously offers to you of hospitality. In general refuse them.
13.3 Where there is any possibility of concern of improper influence, you must refuse the offer of hospitality. Be especially cautious of offers when the person or organisation is seeking business with the council or requires a certain decision from the council e.g. - suppliers such as advertising agencies at contract renewal, or the family of a client whose home care visits are about to be reassessed and may be scaled back.
13.4 If to take the hospitality offered is in the council’s interest, whenever possible obtain the prior approval of your Head of Service. During the event avoid extravagance. Later, record the hospitality received which is then to be lodged with your Head of Service (the Monitoring Officer for Chief Officers). This data will be held on the E Register.
13.5 Gifts - As a general rule you should refuse personal gifts from companies, clients and colleagues. Items of token value such as pens, diaries and calendars may be kept without declaration. All gifts over £25 in value must be declared to your line manager immediately upon receipt. Gifts of money, vouchers, alcohol or tickets to entertainment must only be accepted with the approval of your Head of Service.
13.6 You must not accept a legacy in a will or a life-time gift from a person served by you during your employment with the council.
14. Corporate Sponsorship - giving and receiving
14.1 All sponsorship must be formally approved by your Head of Service.
14.2 Giving sponsorship - When you propose for the council to sponsor an event or service, you, your partner, spouse or relative must not benefit from the sponsorship directly. Also when through sponsorship, grant aid, financial or other means, the council gives support in the community, you must ensure that impartial advice is given and no conflicts of interest is involved. All such sponsorship must be approved by your Head of Service.
14.3 Receiving sponsorship - If an organisation approaches you to sponsor or is seeking to sponsor a council activity by invitation, tender, negotiation or voluntarily, the council’s requirements apply for competition, tendering and contracting of that sponsorship, so too does this Code’s requirements on gifts and hospitality. Particular care must be taken when dealing with current or potential contractors.
10
Page 182 15. Use of facilities
15.1 In general, you must not use council owned facilities, property or equipment for your own personal use. They are provided to help you to do your work in relation to your post or for volunteering work in accordance with the Employer Supported Volunteering Policy.
16 Information Technology and Data Management
16.1 IT equipment is provided to employees to assist in undertaking council work. This equipment is property of the council and should be treated as such. 16.2 The council recognises that employees may wish to use social networking sites in their own time. Careful use of such is essential.
16.3 Employees have a duty not to bring the council into disrepute and so should act responsibly to ensure that any postings on the internet do not have this consequence.
16.4 Information obtained at work, or used at work belongs to the Council. Information about individuals and some of the Council’s business is confidential and must be treated appropriately.
16.5 Further detailed guidance in relation to information technology, the use of social media and information management is outlined in Appendix 4.
17 Political Restrictions
17.1 You have a right to belong to a political party if you wish to. However, under the Local Government and Housing Act 1989, the holders of certain posts are disqualified from political activities.
17.2 The Act prevents an individual from having any active political role either in or outside the workplace. Politically restricted employees will automatically be disqualified from standing for or holding elected office. They are also restricted from canvassing on behalf of a political party or a person who seeks to be a candidate. They are also prevented from speaking to the public or publishing any written or artistic work that could give the impression that they are advocating support for a political party.
17.3 Appendix 7 gives detailed guidance as to the posts which this Act applies to. If your post is politically restricted you will have been formally advised by letter, or within the documents given to you when you were appointed.
11
Page 183 18 Health and Safety
18.1 The council has a legal duty of care for health, safety and welfare of its employees. In addition, all employees must take reasonable steps to protect their own health and safety and that of other people who may be affected by their actions or omissions at work. Employees must comply with health and safety arrangements put in place by the council, and must co-operate with the council to support compliance with statutory requirements.
18.2 All employees have health and safety responsibilities, the specific responsibilities of managers etc are detailed in the council’s Health and Safety policy and supporting arrangements.
18.3 The council’s Health and Safety policy and supporting guidance are available on the council’s intranet at,
http://intranet.oldham.gov.uk/working- ombc/health__safety_and_wellbeing_service.htm
Extensive guidance is available on all areas of health and safety, including accident reporting, risk assessment, work at height and violence to staff.
18.4 If you are not sure what the safety procedures are for your service area or where to get protective clothing and equipment, you must raise this immediately with your line manager.
18.5 You have a duty to help prevent accidents and injuries at work by being aware of the procedures and safe systems of work that apply to your work, and to comply with them at all times.
19 Contact with the Media
19.1 Relations with the media require specific skills and expertise. All contact with the media should be conducted through or in consultation with the Communications Service both to protect individual employees from unwanted media attention and to ensure the corporate promotion of the policies and reputation of the council.
19.2 If you are asked by the media to comment, give an interview or answer questions on a council matter, you should immediately refer the matter to the Communications Service for further advice.
12
Page 184 20 Disclosure of Criminal Convictions
20.1 Employees are required to disclose to the council such details as it may require of criminal convictions, cautions or bindovers that are received during their employment which directly impact upon / restrict their ability to undertake their work.
20.2 Failure to do so, for whatever reason, may be regarded as gross misconduct under the council’s Disciplinary Policy, and may result in dismissal.
21 Drugs and Alcohol
21.1 Employees must not report for duty incapable due to drinking alcohol or under the influence of illegal drugs.
21.2 You must not be in possession of, consume, or supply any controlled drug (other than appropriately prescribed medication) in the workplace, in any council vehicle, or whilst on duty.
21.2 No alcohol should be consumed whilst in the workplace, or in any council vehicle, regardless of whether on duty at the time. In addition, alcohol must not be consumed whilst on call.
21.3 Failure to adhere to these standards may result in disciplinary action and may result in dismissal.
13
Page 185 This page is intentionally left blank
Page 186 Code of Conduct – Short Code
You must:
Relationships with councillors (7.1)
Avoid close personal relationships with councillors
Relationships with the community and service users (7.2)
• Serve all groups, individuals and colleagues with courtesy, efficiency and impartiality • Comply with the council’s equal opportunities policies and practices
Appointment and employment processes (8)
• Make appointments on merit using the principles in the council’s Recruitment and Selection Policy • Withdraw from the appointment process, if you would be involved in an appointment and have a close personal relationship with an applicant. • Withdraw from decisions relating to promotion, pay adjustment or discipline for another employee who is a relative, partner or the like .
Outside commitments (9)
• Avoid other work or business commitments in general, but especially when they might conflict or overlap with your work for the council. • If you are allowed these interests and have them you must declare them in writing to your departmental head. • If paid above SCP28 you must obtain specific prior written approval to do another job or any additional work. In general such requests will be refused . Equality Issues (12) • Treat colleagues and the public in a fair and equitable way; avoiding unfair discrimination in any form and anything which would demean, distress or offend other people Corruption and Bribery (14) • You must not behave corruptly or accept, offer, promise or provide a bribe to gain personal, commercial, regulatory or contractual advantage. Hospitality (16.1 and 16.2)
• Treat cautiously offers of hospitality. In general refuse them. • If to take hospitality is in the council's interest, whenever possible obtain the prior approval of your Head of Service; at the time of the event avoid extravagance. Later, record the hospitality received on the official form which is then to be lodged with your Head of Service.
Gifts (16.3) • Refuse to accept personal gifts from companies, clients and colleagues. • Declare all gifts over £25 in value immediately on receipt. Items of token value such as pens, diaries and calendars may be kept without declaration. Never accept gifts of money, vouchers, alcohol or tickets to entertainment .
Page 187 Legacies (16.4) • You must not accept a legacy in a will or a lifetime gift from a person served during your employment with the council. Disclosure of information (5) • Use information from work for personal gain or benefit. You must not pass it on to others to do so. Outside commitments (9) You must not:
• Do outside work (other than approved voluntary work) or any personal activity at work. • Make personal use of council facilities. • Breach the public's trust of council employees by your actions outside work.
Personal Standards (20)
• Your personal standards of behaviour must be high in dealing with colleagues, Councillors and members of the public
Health and Safety (22.1)
• You must comply with the health and safety arrangements put in place by the council, and must cooperate with the council to support compliance with statutory requirements.
Page 188
Appendix One – The Nolan Principles
The Seven Principles of Public Life, known as the Nolan Principles, were defined by the Committee for Standards in Public Life in 1995. They are:
1. Selflessness Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends. 2. Integrity Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties. 3. Objectivity In carrying out public business, including making public appointments, awarding contracts or recommending individuals for rewards or benefits, holders of public office should make choices on merit. 4. Accountability Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. 5. Openness Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands. 6. Honesty Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest. 7. Leadership Holders of public office should promote and support these principles by leadership and example.
1
Page 189 This page is intentionally left blank
Page 190 Appendix Two - Whistle blowing
Employees may be the first to realise that something is seriously wrong in the workplace.
This document details:
• How employees can raise a concern • How employees are safeguarded when raising a concern • How the council will respond • What employees can do if the council response does not satisfy
1. Introduction 1.1 Oldham Council is committed to openness, probity and accountability. It expects employees and others with serious concerns about the council’s work to come forward and voice them. 1.2 This policy encourages and enables employees to raise serious concerns inside the council rather than ignore the concerns or disclose them outside. 1.3 The policy respects confidentiality and helps employees to raise concerns without fear of reprisal. 1.4 Whistle blowing legislation is in place to protect workers from dismissal or victimization at work in the event that they disclose some sort of wrongdoing to the employer or another appropriate body.
The Public Interest Disclosure Act 1998 and Employment Rights Act 1996 clearly define what types of disclosure qualify employees for protection against dismissal and detrimental treatment by your employer. These are known as ‘protected disclosures.’
A qualifying disclosure can relate to any one of the following: • a criminal offence; • a miscarriage of justice; • an act creating risk to health and safety; • an act causing damage to the environment; • a breach of any other legal obligation, or • is being, has been, or is likely to be, committed.
A disclosure will also be protected if the information disclosed is of a nature that shows that any of the above is likely to be deliberately concealed.
1.5 This policy covers serious concerns employees may have that • colleagues or the council are acting unlawfully • colleagues or councillors are breaching the council’s Codes of Conduct and its other operational or financial rules.
1
Page 191 1.6 This policy is supported locally by the trades unions and professional associations.
1.7 This policy provides guidance on how issues should be raised with the council. This does not preclude any employee from reporting an issue with the police in conjunction with the whistleblowing process where it is believed that criminal activity is involved.
1.8 Other procedures exist to register a grievance about an employee’s own employment. If an employee has an individual complaint relating to their employment, for example, their contract of employment, pay, conditions, this should be raised under the Council’s Grievance Policy (LINK)
2. How to raise a concern 2.1 The first step depends on the seriousness and sensitivity of the issues involved and who is thought to be involved. Whenever possible, employees should normally raise concerns with their immediate manager or superior. If an employee believes that management is involved, they should approach the Head of Corporate Governance. Usually the earlier the concern is expressed, the easier it is to take action. 2.2 Employees will not be expected to prove the wrongdoing, but will need to demonstrate to the person contacted that there are sufficient grounds for concern. 2.3 Concerns should be raised in writing. A standard form exists for this purpose and is available at the end of this document. The form helps to set out the background and history of the concern, giving names, dates and places where possible and to explain why there is particular concerned. 2.4 If an employee does not feel able to put the concern in writing, they can telephone or meet a member of the Internal Audit and Counter Fraud Team (or one of the Appropriate Officers) (see 2.4 below). They are used to working in complete confidence and are trained to listen carefully. 2.5 Alternatively, advice and guidance on how matters of concern may be pursued can be obtained from the APPROPRIATE OFFICERS. Within the council these posts are: • Borough Solicitor and Monitoring Officer • Head of Corporate Governance • Assistant Executive Director – People Services • Borough Treasurer • Chief Executive
2.5 The final route is to invite a trade union or a professional association to raise the matter through the council’s whistle blowing procedure on the
2
Page 192 employee’s behalf.
3. Safeguards 3.1 The council recognises that the decision to report a concern can be a difficult one to make, not least because of the fear of reprisal from those responsible for the malpractice. The council will not tolerate harassment or victimisation and will do what it lawfully can to protect employees when they raise a concern in the public interest. In this context, the following safeguards are in place: 3.2 Harassment or Victimisation The council will not tolerate harassment or victimisation by those involved with the matters of concern or from others. It will take action to protect employees when they raise a concern in the public interest. The council takes its responsibilities in this seriously as it is responsible as the employer for any detriment caused. Due regard and sensitivity will be exercised by all involved in the process to ensure that employees do not suffer detrimental treatment as a result of raising a complaint. If employees are already the subject of disciplinary or redundancy procedures, those procedures will not be halted as a result of an employee whistle-blowing. 3.3 Anonymous Allegations This policy as a whole encourages employees to put their name to the allegation. Although concerns expressed anonymously are much less powerful they will be considered taking into account: • the seriousness of the issues raised; • the credibility of the concern; and • the likelihood of confirming the allegation from other, attributable, sources. Clearly, employees will be unable to be told the outcome of any investigation of a concern which was brought forward anonymously. 3.4 Confidentiality The council will do its best to protect employee identity when they raise a concern and do not want their name to be disclosed. It is important to note that the investigation process may ultimately need to reveal the employee as the source of information. On some occasions a statement by the employee may be required as part of the evidence. 3.5 Untrue Allegations If an employee makes an allegation in the public interest but it is not confirmed by the investigation, no action will be taken against the employee.
3
Page 193 If, however, an employee makes malicious allegations or repeated allegations which have no foundation, disciplinary action will be taken against the employee.
4. How the council will respond 4.1 The action taken by the council will depend on the nature of the concern. The matters raised may: • be investigated internally; • be referred to the Police; • be referred to the External Auditor; • form the subject of an independent inquiry. 4.2 To protect individuals and the council, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. Most matters will, initially, be investigated internally. Concerns or allegations which fall within the scope of specific current procedures (for example, child protection or discrimination issues) will normally be dealt with through those routes. 4.3 Within ten working days of a concern being received, the council will write to the employee: • acknowledging that the concern has been received; • indicating how it proposes to deal with the matter; • giving an estimate of how long it will take to provide a final response; • informing the employee as to whether any initial enquiries have been made; and • informing the employee as to whether further investigations will take place and, if not, why not. 4.4 Some concerns may be resolved by immediate action without the need for an investigation. 4.5 The amount of contact between the Officer(s) considering the issues and the employee will depend on the nature of the matters raised, the potential difficulties involved and the amount and clarity of the information the employee provided. If necessary, further information will be sought. 4.6 When any meeting is arranged with the employee as a whistle blower, they have the right to be accompanied by a Union or professional association representative, or a colleague who is not involved in the area of work to which the concern relates. 4.7 The council will act as necessary to minimise any difficulties which employees may experience as a result of raising a concern. For instance if, later, employees are required to give evidence in criminal or disciplinary proceedings, the council will advise the employee directly as to the procedure. 4.8 The council accepts that employees need to be assured that the matter
4
Page 194 has been properly addressed so, subject to legal constraints, the employee will receive information about the outcomes of any investigations.
5. How the matter can be taken further This policy is intended to provide employees with an avenue to raise concerns and to have them resolved inside the council. The council hopes its investigations, and the action arising from them, will satisfy. If not, and the employee feels it is right to take the matter outside the council, the following are possible contact points: • the external Auditor; Grant Thornton LLP; District Auditor – Mark Heap • relevant professional bodies or regulatory organisations; • your solicitor; • the Police; • the Ombudsman; • your local Council Member (if you are an elector of this council). If employees do feel it necessary to take a matter outside the council they must ensure that they do not disclose confidential information. The law on disclosure is complex. The council’s Monitoring Officer is the contact point to advise employees.
6. The Monitoring Officer 6.1 The Monitoring Officer has overall responsibility for the maintenance and operation of this policy. S/he maintains a record of concerns raised and the outcomes (but in a form which does not endanger employee confidentiality).
6.2 Details of all concerns raised and subsequent information will be retained for 5 years. The purpose of this is to ensure that a central record is kept which can be cross referenced with other complaints in order to monitor any patterns of concern and to assist the Head of Corporate Governance in monitoring the effectiveness of this policy.
C:\Documents and Settings\pat.moth\My Documents\Whistleblowing eForm - hard copy 2013 2.doc
5
Page 195 This page is intentionally left blank
Page 196 Appendix Three - Hospitality and Gifts (Further guidance)
1. Introduction
1.1 The following guidance draws together the law and National Conditions of Service to make clear the council’s requirements in relation to hospitality and gifts.
1.2 It applies to all employees of the council, regardless of the terms and conditions under which an individual is employed.
1.3 To a large extent, the good reputation of Local Government depends on the conduct of its employees, and what the public believes about employee conduct.
1.4 Public confidence is sustained by employee conduct of the highest standards.
1.5 All employees are expected to use restraint and common sense when assessing any situation, especially when there may be concern about improper influence.
1.6 The guidance is intended to assist employees to reach the right decision on each occasion. If there is still doubt, advice should be taken from a senior manager.
1.7 Employees should always remember
• to exercise caution; and • that the decision is theirs.
1.8 The Monitoring Officer maintains an E-Register of hospitality and gifts. Employees who receive a gift should notify the Monitoring Officer in order that this is registered appropriately.
1.9 The key figures are for gifts, £25: and for hospitality a ticket with a seat value of up to £25 or a meal of up to the value of £25.
2. Giving Hospitality
2.1 Employees must be authorised by their manager to offer and give hospitality.
2.2 Any hospitality offered to employees must be justified as in the interest of the council, and be on a scale appropriate to the occasion. Extravagance must be avoided.
1
Page 197 3. Receiving Hospitality
3.1 Employees should treat cautiously offers of hospitality. In general, they should be refused.
3.2 Hospitality offered by another non-commercial public body e.g. - another local council; established partners of Oldham Council, such as, for example, the Police, or the Oldham NHS Trust may be accepted. However, employees should be particularly sensitive to its timing in relation to decisions which the council is taking which may affect those offering the hospitality.
3.2 Offers from commercial bodies must always be treated with caution. Examples of acceptable hospitality include: • A modest working lunch enabling employees, on the council’s behalf, to continue discussing the council’s work; • Invitations to attend functions when employees represent the council or to functions which employees attend by virtue of position (opening ceremonies, occasions when you have been invited to speak, trade shows: tickets for public performance events or a concert sponsored by business (e.g. – at the QEH) when the event is part of the life of the community); • A drink following a meeting or site inspection. • Hospitality offered by another non-commercial public body, as above;
Hospitality can also generally be accepted;
• From commercial bodies when there is a genuine need to impart or receive information in the normal course of business relations with the council. This is of particular relevance currently to the requirement to develop and build partnerships with the private sector, or through that, with other parts of the public sector. • When representing the council at local or regional events. One test is frequency, i.e. - they should not be regular even if they are below the threshold. • Offers to attend social or sporting functions, when these are part of the life of the community or when the council should be seen to be represented. On receipt of them, these offers should be authorised by the Head of Service or more senior officer and recorded in the E-Register before attendance at the event (personal invitations to sporting or social events, such as golf days, horse race meetings, other forms of corporate sporting entertainment or to social entertainment must always be pre- authorised in advance of the event). • Through attendance at relevant conferences and courses when the hospitality is corporate rather than personal provided that purchasing, contract or other significant decisions of the council are not compromised. • Attendance at meetings, seminars or conferences organised by 2
Page 198 councils, regional or sub-regional groupings of local councils, or the LGA or similar bodies. • Attendance at other meetings or events when employees are attending as a nominee, or as an appointed director or when the event is sponsored by this council. Any such nominations, directorships or sponsorships must be recorded in the list of employees’ interests (E-Register). If that organisation has a code of conduct then its code would apply. If it has no code, employees are bound by this code.
4. Gifts
4.1 The acceptance of gifts by employees from a person or organisation that has, or may seek to have, dealings with Oldham Council would, correctly, be viewed negatively by the public. It could make employees, and the council, extremely vulnerable to criticism. It may also be a disciplinary offence, or contrary to law.
4.2 Employees should never suggest to a firm or organisation with which the council does business that a gift would be appropriate. To do this would result in disciplinary action being taken against the employee.
4.3 In general therefore, employees should politely and tactfully refuse any personal gifts from persons, companies, clients or colleagues which are offered to:
• the employee • any other employee or co-worker • any member of the employee’s family • any organisation the employee is a member of
4.4 Gifts which may be accepted and need not be registered are:
• Small gifts of token value, given by way of trade advertisements and offered to a wide range of people, and not uniquely to an employee e.g. - pens, diaries, calendars or chocolates etc (but not wines and spirits). This includes offerings of this type at trade stands at national conferences. • Similar small gifts at the end of a courtesy visit to an office, site or factory; twin towns or friendship links. • Gifts immediately to be donated to the Mayor’s Charity or to residents of the council’s or voluntary sector establishments.
4.5 All gifts over £25 in value must be declared in the E-Register immediately upon receipt.
4.6 Very occasionally it would be inappropriate to refuse less modest gifts. They should not be retained for personal use but should be passed to the Mayor’s Charity for fund raising. A record should be made of the receipt and the passing on of the gift. 3
Page 199
4.7 Any bottle of alcohol; an item of clothing or furniture; tips, borrowing from clients or accepting loans; tickets to entertainment, vouchers for goods, services or food are not to be accepted except with the approval of the Head of Service.
4.8 If an employee receives a gift without warning which is not a small token gift as above or is not obviously a gift to be refused as above, the employee should immediately report it to their Line Manager who will discuss it with the Monitoring Officer.
4.9 A decision whether the gift should be returned, or forwarded to a Charitable or deserving cause will be made. In all such cases the Monitoring Officer should inform the donor what happened to the gift and why and ask the donor not to offer gifts in the future.
4.10 If there is ever any doubt when a gift may be accepted employees should politely and tactfully refuse.
5. Quick summary
5.1 The following are examples of hospitality or gifts which are acceptable and which are not.
5.2 Acceptable
• A modest working lunch which enables discussions of council business to continue • Attendance at functions when employees represent the council i.e. - as a speaker or as an official representative at opening ceremonies or trade shows. • Attendance at a public performance such as Coliseum Civic Night or a concert in the town sponsored by business (e.g. - at the QEH) when the event is part of the life of the local community. • Personal or personalised gifts with a value of less than £25. • An offer of a drink following a meeting or site inspection.
5.3 Unacceptable (without express approval in advance of the event from the Head of Service)
• Holidays. • Golf days, horse race meetings or other forms of corporate sporting entertainment. • Hotel accommodation or theatre tickets. • Use of company premises such as holiday cottages or flats. • Gifts of tips, money, vouchers, alcohol, tickets to entertainment or gifts in kind. • Legacies or bequests in wills.
4
Page 200
5
Page 201 This page is intentionally left blank
Page 202
Appendix Four - Access to Information and Information Technology Guidelines
1. Introduction
1.1 Line managers must ensure that staff are adequately trained to use information systems and / or work appropriately with information. Staff need to have demonstrable competences in ensuring that the confidentiality, integrity and availability of information is maintained.
1.2 All employees have a responsibility for managing information and below are some key guidelines. Further information can be obtained from line managers, the council intranet, the Information Management Team or ICT Client Team.
1.3 Unauthorised use or misuse of council information or IT systems may lead to disciplinary action.
2. Council Equipment
2.1 Telephones and computer hardware, e.g. PC, Laptop, Tablet, other mobile device, etc, have been provided to help employees to do their work in relation to their job role and in connection with volunteering work in accordance with the Employer Supported Volunteering Policy,. They should therefore be regarded as any other piece of office equipment i.e. - the property of the council. Not only does the equipment have a value, the information held on the devices is a valuable asset and both device and content need to be protected.
2.2 Even where the devices are the property of the employee, it must be remembered that council information remains in the ownership of and/ or the responsibility of the council at all times and the employee is responsible for the safe protection of it.
3. Council Information
3.1 Information obtained at work, or used at work belongs to the council. Information about individuals and some of the council’s business is confidential and must be treated appropriately. If employees are unsure about the status of information they are using, they ask their line manager.
4. Data Protection Act
4.1 The council is registered under the Data Protection Act 1998 to use personal data and employees obliged to observe the eight DPA Principles. These can be found on the council’s intranet (LINK)
1
Page 203
4.2 Employees must only process personal information on devices and in environments that provide confidentiality and security.
5. IT Devices
5.1 Employees must make sure that their devices are kept physically safe, e.g. portable devices and media are locked away when not in use.
5.2 It is essential that log on details or passwords are not shared with other members of staff.
5.3 Employees must not leave unattended devices and / or information in unattended vehicles, or when out of the office, e.g. working at home, on visits.
5.4 Care must be taken that others cannot accidentally access a device / information. Even where employees are using their own device, it is essential to ensure that the information is not easily accessible.
5.5 Employees must ensure that any changes made to the devices’ configuration are undertaken by authorised sources and / or conform with the council’s standards. Employees must not introduce non authorised software.
5.6 It is important to make sure that only authorised personnel remove / replace devices and / or access or recover the information held.
5.7 Any portable device should be encrypted and password protected. Passwords should be a minimum of 8 characters and contain a mix of upper case and lower case characters and punctuation marks.
5.8 Employees must make sure that all work on the devices is undertaken via the council network - this ensures that the information is backed up to protect against corruption and unauthorised access.
5.9 All paper confidential information that is no longer required should be disposed of in the red confidential waste bins.
5.10 Staff should ensure at all times that there is no unauthorised access to council buildings or information technology systems.
5.11 Staff working from home or accessing council systems remotely should exercise the same level of care as if they were working in the office.
5.12 Employees should ensure that their office / home / car doors are properly
2
Page 204
shut and secure.
6. Use of E-mail and Internet
6.1 Should employees need to send sensitive and / or confidential information by email, advice must be sought from their line manager to identify whether or not this is the most secure method.
6.2 The conventions governing written communications also apply to electronic mail. Messages should relate to the council’s business and be courteous.
6.3 Employees must remember, emails, like paper or electronic files are all subject to potential disclosure by virtue of individuals rights to access to information.
6.4 It is essential that employees do not respond to any emails that ask to enter user and password details, or other information. This could compromise council IT systems and information.
6.5 All employees should log out of their E-mail when they have finished using it - this makes the council network more secure.
6.6 If any material is encountered which could be considered to be of an offensive nature, employees are to report the matter to their line manager who will inform Internal Audit.
6.7 Employee use of the Internet / Email can be monitored to assure acceptable use of resources and misuse could lead to disciplinary action.
6.8 Any information about the council, its services and staff can only be published on the Internet with the prior approval of the Communications Service.
6.9 Software may not be down-loaded from the Internet, because of the danger of importing a virus as well as the possibility of breaching copyright or licence. All requests for software and software upgrades must be submitted to the IT Service Desk.
7. Responsible Use of Social Networking Sites, Internet Forums and Blogging
7.1 The internet is a fast moving technology and it is impossible to cover all circumstances. However, the principles set out in this document should always be followed. The intention of this guidance is not to stop Oldham Council staff from conducting legitimate activites on the internet, but
3
Page 205
serves to highlight those areas in which conflicts can arise.
7.2 Oldham Council employees are free to edit online encyclopaedias (such as Wikipedia) but should be transparent about doing so. Employees may respond to legitimate criticism of Oldham Council but not remove it.
7.3 Oldham Council recognises that staff may want to use social networking sites such as Facebook, Twitter, MySpace and YouTube both in and outside work, provided that such use is in the staff member’s own time. Staff have a duty not to bring the council into disrepute, and so should act responsibly to ensure that your electronic communications do not have this consequence. Employees must be aware that any information posted onto internet sites is public and may be viewed by colleagues, the public and the press.
7.4 If it brought to the council’s attention that inappropriate information, images or comments have been posted onto the internet, whether during or out of working hours, at work or at home, then the allegation will be investigated. This may result in disciplinary action being taken up to and including dismissal.
7.5 Employees are responsible for any comments or posting made onto the internet. When using internet sites, in and outside of work, the council expects its employees to:
• Make it clear in any posting that the comments are not on or on behalf of the council or any other council employees. • Not post information or make comments that could bring the council into disrepute. Comments should not be speculative or have a negative impact on the council’s reputation, or cause embarrassment to the council, its employees or residents. • Not make any comments about colleagues or residents which could cause offence, even where names are not mentioned. • Not reveal any confidential information, council data or any material covered by existing council policies and procedures.
7.6 It is important to be aware that individuals are personally liable for any comments, images or information that is posted and that action may be taken against an individual by a third party, such as a colleague or resident.
7.7 If employees have a grievance at work, this should not be posted on a social networking site or blog. Any grievance should be raised to the appropriate manager in accordance with the council’s Grievance Policy.
4
Page 206
7.8 This guidance does not dictate that employees must never talk about their job, however, before posting comments employees must carefully consider that information posted is appropriate for colleagues, managers and the public to read.
7.9 Setting up social media profiles, pages, groups or services related to Oldham Council in any form should be discussed with the Communications Service beforehand.
7.10 Any social media profiles, pages, groups or services that were set up prior to the implementation of this Code should be handed over to the Communications Service upon request.
5
Page 207 This page is intentionally left blank
Page 208 Appendix Five - Financial and Non-financial Interests
1. Public duty and private interest - guiding principles
1.1 As a public servant, an employee’s overriding duty is to the whole local community.
1.2 If an employee has a private or personal interest in a matter which they, fellow employees or councillors will have to decide, they must never take part in any decision or work about that matter.
1.3 Employees must never do anything as a public servant which would adversely affect your reputation or this council’s.
1.4 Working for this council does not, and must not be seen to, entitle individuals to any special treatment, privileges or favours in their own dealings as a citizen with the council. It will not, in addition, disadvantage employees, in comparison to other citizens. It is not enough to avoid actual wrongdoing. Employees should at all times avoid any suspicion and any appearance of improper conduct.
1.5 Most of this guidance details how employees should behave when they have interests and they, their family or close friends raise a matter with the council.
1.6 If during their daily work, employees are asked to work on a matter related to them, their family or close friends, it is their duty to inform their line manager. In most cases, employees will not be expected to continue to work on the matter.
2. Disclosure of financial and other interests
2.1 Employees must declare in the E-Register kept by the council for this purpose their standing interests. In this context, they must also declare the interests of a spouse or partner with whom they are living.
2.2 Employees must disclose both direct and indirect financial interests, including those of a spouse or partner with whom they are living which they may have in any matter coming before the council, a Committee, a Sub-Committee or which is to be dealt with by fellow employees under Delegated Powers. They must not be involved in the matter as a council employee. These requirements must be scrupulously observed at all times.
2.3 Private or personal interests which are not financial can be just as important. Private and personal interests include those of an employee’s family and friends. They include those arising through membership of or association with clubs, societies and other organisations such as the Freemasons, Trade Unions and Voluntary Bodies. Employees should not allow the impression to be formed that
1
Page 209 you are, or may be using their position as a council employee to promote a private or personal interest rather than forwarding the general public interest.
2.4 If an employee has a clear and substantial private or personal non- financial interest in a matter arising before the council, they must always disclose it, unless, it is one which they share with other members of the public generally as a council taxpayer, elector or inhabitant of the area.
2.5 In deciding whether an interest is clear and substantial, the employee should ask themselves, whether, if members of the public knew the facts about them, they would reasonably think they might be influenced by it. If the public would think that, then the employee should regard the interest as clear and substantial, and make the declaration.
3. Disclosure in other dealings
3.1 Employees should always apply the principles about the disclosure of their interests and not being involved in processing the matter to their dealings with other council employees, councillors and the public.
4. Conflicts of interest
4.1 There are two broad areas where employee private and personal interests may come into conflict with their duties and obligations as a public servant. Basically, these are financial (pecuniary) interests and non-financial (non-pecuniary) interests. These interests must be declared.
4.2 Financial interests which present a conflict with the council’s interests must be declared in the E-Register for the purpose. Continuing non- financial interests such as memberships of closed societies must also be declared in the register. Other non-financial interests must be declared when the possession of them may conflict with work as a public servant, or when own matters come before the council as a whole to be dealt with.
4.3 Declarations also have to be made when matters involving the interests of close family members or friends are being dealt with.
4.4 In general, employees must not allow any impression to be formed that they are, or may be, using their position as a public servant to promote private or personal interests rather than promoting the general public interest.
5. Detailed guidance - conflicts of interest
5.1 As a public servant, employment with the council makes special demands of its employees which mean that they may be unable to act
2
Page 210 as fellow citizens do.
5.2 In general, council employees should not have other substantial employment or business interests. Officers paid above scale point 28 cannot have other employment or business interests without the council’s specific approval to them. Those rules limit the scope for conflicts of interest.
5.3 The declaration of interest by employees is a complex matter. The following guidance covers the key issues.
5.4 The question employees should consider when deciding whether to declare (and register) an interest is:
• Would members of the public, knowing the facts of the situation, reasonably think I might be influenced by it?
5.5.1 If the answer is yes, the employee should register the interest, and stand aside from any matter dealt with by the council or its employees which relate to that interest. In most cases the answer will be yes, so employees should declare and register the interest, and be prepared to stand aside from the decision making and processing.
5.5 It is not part of the duty of an employee’s manager or of the council’s regulatory officers to identify or remind employees that they have an interest to declare. However, they will give advice if asked. Employees should treat the interests of a spouse or other partner as if they are their own.
6. Disclosure of financial and other interests
6.1 Legal Duties If an employee fails to declare and register but still participates in a matter related to the interest, they will be subject to disciplinary action. The council may also have committed a form of misconduct and be subject to public censure. It may possibly also be a crime.
6.2 Non-Financial Interests Employee’s own interests which are not financial can be just as important and, generally speaking, the same procedure applies. With non-financial interests, too, employees should never allow the impression to be formed that they are, or may be, using their position as an employee of the council to promote a private or personal interest rather than forwarding the general public interest. Private and personal interests include those of family and friends, as well as those arising through membership of, or association with, clubs, societies and other organisations such as the Freemasons, Trade Unions and Voluntary Bodies. Again, failure to comply may lead to disciplinary action.
6.3 Lobbying/Dealing with Fellow Employees and Councillors
3
Page 211 When an interest, of whatever kind exists, it is not enough simply to declare and register it. Employees should not try to persuade fellow employees or councillors in their formal consideration of the matter or try to take part in discussions with them behind the scenes. This is as not to give the impression that you they improperly using their position to put pressure on fellow employees or councilors.
6.4 If an employee needs to make representations to fellow employees or councillors on a matter of their own, it is best to do so in writing, making clear their interest in the matter.
7. Relationships with fellow employees
7.1 Employees must declare an interest if called on to advise a council Committee or Working Group responsible for a Department for which an employee does significant work, and in relation to that employee they are: • married • the partner • otherwise closely related such as child, sister, brother, parent or grandparents
7.2 The same applies where their relationship with another employee e.g. - sexual or membership of the same club, society or political party could jeopardise the work of the council. In this instance Significant is defined as regular and continuing.
8. Register of interests
8.1 There is a quite separate obligation on employees to give a written notice of certain specified financial interests. The E-Register for these is maintained by the Monitoring Officer. It is not open to public inspection.
8.2 This register also requires employees to give information about those non-financial interests they have or about financial interests of close family members and people living in the same household as them, where they are in conflict with their duties with the council. Failure to disclose the required information, failure to keep the information up-to- date, or the provision of false or misleading information is, once again, a disciplinary matter.
8.2 The requirement to declare and record these interests must not be confused with the obligation to declare them when specific matters are being dealt with. The fact that an employee has registered an interest does not affect the obligation on them to declare that interest should circumstances arise which would require a declaration.
8.3 Exceptions - General The exceptions to the general rules about declaring interests are as
4
Page 212 follows:
• Employees need not declare an interest arising merely by virtue of being a council taxpayer, elector or inhabitant of the area. • Employees need not declare an interest in any matter relating to the terms on which any council service is to be offered to the public generally. • Employees need not declare a financial interest merely because of their membership of, or even any approved employment by a public body, (e.g. - a nationalised industry or the National Trust), provided they do not have a beneficial interest in any securities of that company or body
8.4 Exceptions - Specific In the following circumstances, employees can remain involved in a matter even when they have declared a clear and substantial private or personal interest:
• If the interest arises from being appointed as a representative on the Management Committee or other Governing Body of a Charity, Voluntary Body or other organisation formed for a public purpose (and not for the personal benefit of the employee as an individual). However, to perform that role in dealings for the Body with the council, the employee should perform it outside of working hours, when necessary by prior agreement from the Head of Service. • If the interest arises from being an ordinary member or supporter of such an organisation (but the employee is not a member of its Managing Committee or the Governing Body). However, no facilities to perform a role at work in relation to a matter before the council would be given. • Even if one of the above dispensations applies, employees should still consider whether, in the light of their own particular circumstances, it is appropriate to participate. There may be, for example, circumstances when it would be inappropriate for the employee to take part in a matter if they might be seen in the eyes of the public as too closely committed to the proposal from the body in question.
8.5 Declarations affecting work of council or Committee
• Circumstances may arise where the work of the council be impeded because several or many employees may have personal interests in some matter and to declare and withdraw would mean a matter could not be properly dealt with. In that case the Monitoring Officer should be notified and the employee (s) may be allowed to continue to take part in the matter even when they and others have a clear private or personal non- financial interest.
5
Page 213 8.6 In general, the best advice is always to err on the side of caution. It cannot be stressed too highly that the responsibility for declaring an interest rests entirely with the employee.
8.7 Remember
• Declare standing interests; register them; and keep them up to date • When employees deal with the council as citizens, they must declare their interests when contacting the council. • If over spinal point 28 employees should not take other work, employment or business interests without prior, specific written approval. If given that approval, they must register the interest on the E-Register. • If work causes an employee to deal with a matter of their own, their family’s or their close friends, they must inform their line manager and be prepared to stand aside.
6
Page 214
7
Page 215 This page is intentionally left blank
Page 216 Appendix Six - Further clarification on employees’ interests
1. Introduction 1.1 Sections 95 and 117 of the Local Government Act 1972 state the main obligations on employees to disclose their financial interests and step aside from involvement in the council’s dealings with, or decisions on those matters. 1.2 The Code of Conduct for Employees adopted by the council helps employees to satisfy the requirements of the Act above. 1.3 Employees must declare their standing interests or interests relating to matters as they arise to their Head of Service. 1.4 These declarations are maintained in an E-Register by the Solicitor to the council as Monitoring Officer. The declarations made are not open to public inspection, except for officers on Grade SM3 and above. 1.5 The Code deals mainly with the obligation to make declarations of interest. The advice below gives further clarification of the position and quotes specific examples and limits in place. 1.6 There are three basic rules on declaring employees’ interests. Employees must: • Declare any pecuniary interest. • Ensure pecuniary interests are entered in the E-Register. • Not take part in any matter related to their interest being dealt with anywhere in the council.
2 What is a Pecuniary Interest?
2.1 A pecuniary interest can be direct or indirect, actual or potential, and it can be to an employee’s financial advantage or disadvantage. 2.2 Employee spouse’s interests count as their own (if he or she is living with them). In addition, so do interests of partners’ (if any) and direct relatives (e.g. - children, parents, grandparents, brothers or sisters). 2.3 The interests of any other employer (person, firm company), employees are allowed to count as an indirect interest. 2.4 Employment by a public body, e.g. - another council or another body established for public purposes not for profit counts as an indirect interest. An employee could, for example, have a direct interest (i.e. - affecting their pay or employment) in a proposal concerning a public body. 2.5 If a matter discussed concerns a company in which an employee holds 1
Page 217 shares with a nominal (not market) value of either of over £5,000 or over 1% of total issued capital, this counts as a pecuniary interest. 2.6 If an employee own shares in a private or public company with a capital of less than £5,000 and a turnover of over £5,000 per annum they should declare it. 2.7 If an employee trades as a sole trader or in partnership they should declare that.
3 Insignificant Interests
3.1 If an employee has an interest that they consider is so slight that it will not affect their own work or any matter under consideration it does not count as an interest. 3.2 If an employee is in doubt, or others might think differently, they should declare it as an interest.
4 Shared Interests
4.1 Interests which employees share with the public at large do not count e.g. - when their only interest is as someone liable to pay your Council Tax or Non-Domestic Rates in respect of a permitted business or as someone who receives a service or pays library fines or pays for cesspool emptying or benefits from concessionary fares for pensioners. 4.2 It need not even matter if they get slightly more benefit than others from, for example, being an annual passholder for swimming, but a shared interest that affects an employee in particular, such as the building of a new road close to their home which also affects others, does count as a pecuniary interest because it could cause the value of their property to rise or fall.
5 The E-Register 5.1 Employees must declare information under the following headings (5.4) for entry in the council’s E-Register. What is declared is intended to balance employee’s reasonable right to privacy and the public’s reasonable right to be protected from what might influence an employee in their work for the council. 5.2 Employees should outline their major interests only, without revealing details (such as amount of pay, share holdings, or client’s names).
2
Page 218 5.3 Employees paid above SCP28 are reminded of the need to obtain express prior approval to additional employment.
5.4 Employee’s should register their spouse’s interests if they affect or are affected by their work for the council.
• Employment Employer’s name should be stated (or if self-employed). A brief description of paid job(s) e.g. - for worker: gardening work. Income should not be stated.
• Contracts Outline if an employee works as a sole trader; or in partnership. If employee has an interest in a small company as described above they must not trade or attempt to trade with the council.
• Land Brief identification of any land in the council’s area (excluding the employee’s home) that is owned or jointly owned, rented or leased, or has a right to occupy and enjoy an income from. Options on land are registerable but land where the employee is a trustee, executor or administrator of the estate of someone deceased is not, unless they become a beneficiary in receipt of the land.
• Licensees to Occupy Land Any land in the council’s area must be stated of which the employee is not owner or tenant but has a right to occupy under a licence. The address or a brief description must be given so it can be identified.
• Tenancies of Property of the Council The address must be given of, or a description of, any land or building that the employee rents from the council as a sole trader, in partnership or through a small company.
6 Revision of Notices 6.1 When any of the above relevant interests change employees must change their entry in the E-Register within one month of the change.
3
Page 219
7 Offences 7.1 It is a disciplinary offence if an employee: • does not declare an interest • and the employee deals with that matter personally or the matter is dealt with elsewhere in the council • gives false or misleading information, for the E-Register or omits information but it will not be a disciplinary offence if they can prove that they did not know that a matter in which they had an interest was being dealt with or if they have a reasonable excuse for omitting an interest from the register.
4
Page 220 Appendix Seven – Criteria for Politically Restricted posts
1. Introduction
1.1 These fall into 2 broad categories; Specified posts and Sensitive posts.
1.2 It is the post that is politically restricted so the restriction relates to interims and consultants covering such posts.
2. Specified posts
2.1 Criteria 1:
• The Head of Paid Service (Chief Executive) • Chief Officers – those who report directly to the Chief Executive excluding secretarial and administrative support i.e. the three Executive Directors and the Assistant Chief Executive and the Chief of Staff • Deputy Chief Officers – officers who report to a Chief Officer excluding secretarial and administrative support – generally AED or Head of Service posts. • The Monitoring Officer • The Section 151 Officer
2.2 Criteria 2:
• Those Officers who are in posts that are specified by the authority as being on the 100g (2) list i.e. that the post has responsibility under the Councils or the Directorates Scheme of Delegation, for exercising delegated powers. As the post-holder must be responsible and accountable for taking the decision on behalf of the council, it is unlikely to apply to officers below 3 rd tier. • These post holders are politically restricted without the right of appeal for exemption.
3. Sensitive posts
3.1 Is one which meets one or both of the following “duties related” criteria:
• “Giving advice on a regular basis to the authority itself, to any committee or sub committee or to any join committee on which the authority are represented; or where the authority are operating executive arrangements, to the executive of the authority to any committee of that executive; or to any member of that executive who is also a member of the authority”
• Speaking on behalf of the authority on a regular basis to journalists or broadcasters. In reality this will be only be likely to cover those senior posts who are responsible for external press 1
Page 221 and PR communication involving answering questions or presenting un-scripted information as the “face” of the council.
3.2 Within the council, the first “duties related” criteria will apply to holders of such posts who give regular advice to Cabinet, any sub-committee of that Cabinet, or to the individual Members of Cabinet, in person or in a report.
3.3 This does not cover factual information but advice which may influence a decision or which recommends a course of action. The post holder must again be able to be held accountable or responsible for that advice ie not on behalf of the Head of Service.
3.4 These post holders can appeal to the local standards committee to be exempted from the list, on the grounds that the authority has wrongly applied the criteria.
3.5 There is a third category of Political Assistants but these fall outside normal political restriction arrangements and apply only to specific named posts within an authority.
4 Provisions regarding Political Restriction
4.1 Politically restricted employees will not be able to:
• Stand for or hold elected office e.g. local councillor or MP or MEP; except for a Parish Council; • Act as an election agent • Canvass on behalf of a political party or a person who seeks to be a candidate; • Speak to the public at large or publish any written or artistic work that could give the impression that they are affecting support for a political party • Hold office in a political party
They can: • Be a member of a political party • Put posters up in their own homes
2
Page 222 Agenda Item 21
COUNCIL
Scrutiny Review: Welfare Reform
Report of the Overview and Scrutiny Board
23 rd October 2013
Officer Contact: Matt Drogan, Interim Team Leader, Scrutiny & Adult Performance Ext. 4711
Reason for Decision
The purpose of this report is to present Council with recommendations endorsed by the Overview and Scrutiny Board in relation to the Welfare Reform in Oldham workshops which took place on 30 th September 2013.
Recommendations
(1) That more information be provided to all Members in respect of the following questions:
(a) How many people affected by the “bedroom tax” have managed to move? (b) How many people affected by the “bedroom tax” have had to move to private housing and are they likely to pay more rent, if so by how much? (c) Why are the numbers of households affected by the benefit cap referred to “Get Oldham Working” so low? (d) How many staff have been trained regarding Welfare Rights and which staff have been trained? (e) Regarding Work Capability Assessment, how many people have been supported to appeal and how many have been successful? (f) For those who are successful, how many have been represented by the Welfare Rights Team?
Page 223
(2) That further work be undertaken by officers in respect of the following:
(a) How we can capture information on people sleeping rough or becoming homeless (b) How we can encourage people to seek support to apply for benefits, rather than having to appeal, as an average appeal costs the DWP £3k (c) Undertaking an analysis of Housing Benefit, in particular looking at the total number of large families, to understand why those affected by the benefit cap are different e.g. do they live in high rent properties?
(3) That the following key recommendations be taken forward for consideration:
(a) To review the eligibility criteria for the Local Welfare Provision scheme to look at expanding the scheme to cover people waiting for benefits to be paid (b) To investigate how links can be made with Public Health and work they are doing (c) To consider revisiting the financial inclusion work especially in relation to the crackdown of payday loan companies and the concern that doorstop loan sharks may fill the gap (d) To consider undertaking a further series of roadshows regarding “Making most of your money” throughout the borough and engage with other partners i.e. CAB and Credit Union (e) To consider the use of the AGMA wide mobile unit, which could be used in locations other than the Town Centre (f) To consider a marketing campaign to promote the Welfare Rights Team, especially supporting people who need to appeal (g) To consider wider engagement with services and staff who work with people in the Mental Health and Learning Disability services (h) To consider development of re-education programmes regarding how to budget, cooking skills, good housekeeping, to be developed in each District working with the Voluntary Sector (i) To consider Member training to raise awareness of Welfare Reform and the Welfare Rights Team and how to support their constituents in making appointments (j) That all comments received regarding the further development of the Welfare Reform Dashboard and Indicators will be considered as the final version is developed (k) To review the nature and extent of situations arising where benefit claimants have been sanctioned by the Job Centre for real or apparent infringements.
Page 2 of 7 [Document Title] [date] Page 224
Council 23 rd October 2013
Scrutiny Review: Welfare Reform
1 Background
1.1 At the meeting held on 17 th July 2013, Council requested that the Overview and Scrutiny Board examine the ‘Welfare Reform in Oldham’ report, which had been presented to Council. Members were asked to take back and digest the contents with a focus on the financial and human costs to the borough. All Members were invited to take part in the review (see Appendix A)
1.2 There were two sessions held on the 30 th September which were attended by:
Cllr Colin McLaren Cllr Derek Heffernan Cllr Cath Ball Cllr Roger Hindle Cllr Jean Stretton Cllr Abdul Jabbar Cllr Barbara Brownridge Cllr Javid Iqbal Cllr Eddie Moores Cllr Yasmin Toor Cllr Bernard Judge Cllr Kaiser Rehman Cllr Graham Shuttleworth Cllr Rod Blyth Cllr Howard Sykes Cllr Barbara Beeley Cllr Lynne Thompson Cllr John McCann Cllr Val Sedgwick Cllr Shadab Qumer Richard Outram – Policy Paul Gibson – and Research Advisor to Development Academy the Leader of the Opposition Suzanne Heywood – Susan Kirkham - Head of Customer Corporate Research and Services Intelligence Manager
2 Current Position
2.1 At the workshops on 30 th September, Members were provided with a presentation which updated them on the current position, which included the following:
• What benefit changes have been made • Main findings of the ‘Welfare Reform in Oldham’ report • Update on benefit changes since the July 2013 report • Draft Welfare Reform dashboard and proposed indicators
Page 3 of 7 [Document Title] [date] Page 225
Welfare changes since April 2013 • Size Criteria (under occupation or bedroom tax ) • Council Tax Reduction • Local Welfare Provision • Personal Independence Payment
Welfare changes since July 2013 • Benefit Cap • Universal Credit
2.2 Those who attended the workshops were made aware that the overall annual impact of Welfare Reform changes has been estimated at £90.1m, once the changes are fully implemented. This equates to a loss of £637 a year per working age adult.
2.3 It was reported in July that the number of households that were under occupying their properties was 2,334 and since July this had reduced, with currently 2,161 households under occupying.
2.4 It was noted that people have been affected by the introduction of the Council Tax Reduction Scheme in April 2013, which has seen an increase in the issue of Council Tax reminders, summonses and an increase in the number of Liability Orders obtained.
2.5 The Local Welfare Provision scheme replaced the Community Care Grants and Crisis Loans for living expenses which were paid by the DWP and ended on 31st March 2013. Local authorities were given funding to develop their own scheme which intends to: • Meet short term emergency/immediate support needs of vulnerable people • Assist vulnerable people to establish or maintain a home in the community
2.6 To date there has been £111K spent. People who are eligible need to be over 16 and be a resident in the borough or about to be and be in receipt of benefits, though residents may be able to get an award in exceptional circumstances if they do not receive benefits or have no other access to other sources of support or funding.
2.7 The biggest impact of Welfare Reform will come from the changes made to disability benefits. It is estimated there will be an annual loss of £29M due to the changes to Incapacity Benefit and changes from the Disability Living Allowance to the Personal Independence Payment.
2.8 It has been acknowledged that other areas of Welfare Reform will have a significant impact on families and children in Oldham, these include: • changes to Child Benefit (£10.6m); • changes to Tax Credits (£19.1m); • the Benefit Cap (£0.8m)
Page 4 of 7 [Document Title] [date] Page 226
2.9 Much work is being undertaken to mitigate the impact of Welfare Reform and is continually developed as changes are made to Welfare Reform. Some of these include:
• Utilising all external and internal communications and marketing opportunities • Delivery by district teams of targeted activity in areas significantly impacted by Welfare Reform. • Direct communications targeted to those affected by specific changes • Adding two additional Welfare Rights Officers from April 2013, making a team of four who are offering advice and guidance to those affected by Welfare Reform. • Continuing to monitor the impact of Welfare Reform. • Ongoing engagement with affected residents
3 Options/Alternatives
3.1 Option 1 – to approve the recommendations outlined in the report Option 2 – to not approve the recommendations outlined in the report
4 Preferred Option
4.1 Option 1- to approve the recommendations outlined in the report
5 Consultation
5.1 Following Council’s request for Overview and Scrutiny to consider the impact of Welfare Reform on 17 th July, this report and recommendations have been developed in consultation with Members via two welfare reform workshops on 30 th September and consideration at Overview and Scrutiny Board on 1 st October.
6 Financial Implications
6.1 No comments – Mark Stenson
7 Legal Services Comments
7.1 No comments – Paul Entwistle
8. Cooperative Agenda
8.1 The Council aims to work co-operatively with our citizens to, as far as is possible, lessen the impact of welfare reform.
9 Human Resources Comments
9.1 N/A
10 Risk Assessments – N/A
Page 5 of 7 [Document Title] [date] Page 227 11 IT Implications
11.1 N/A
12 Property Implications
12.1 N/A
13 Procurement Implications
13.1 N/A
14 Environmental and Health & Safety Implications
14.1 None
15 Equality, community cohesion and crime implications
15.1 The Welfare Reform will impact disproportionately on the lowest income groups and those with disabilities and more migration may occur as a result of welfare reform changes which could have an impact on community cohesion.
16 Equality Impact Assessment Completed?
16.1 No
17 Key Decision
17.1 No
18 Key Decision Reference
18.1 N/A
19 Background Papers
19.1 The following is a list of background papers on which this report is based in accordance with the requirements of Section 100(1) of the Local Government Act 1972. It does not include documents which would disclose exempt or confidential information as defined by the Act:
Report: Welfare Reform in Oldham - submitted to Council on 17 th July 2013 Records held in Business Intelligence Team, Level 8, Civic Centre Officer Name: Susan Kirkham Contact No: 770 5186
20 Appendices
20.1 Extract from Council Minutes of 17 th July 2013
Page 6 of 7 [Document Title] [date] Page 228 Appendix A
Extract from Council Minutes of 17 th July 2013
Consideration was given to a report of the Deputy Chief Executive which provided an update on the “Impact of Welfare Reform in Oldham”. The report also gave a brief update on:
• The impact of Welfare Reform in Oldham and the actions which were being taken to mitigate the impact.
• Progress of some other elements of the Welfare Reform Programme Board’s work.
Elected Members stated that the report contained a vast amount of information and the Leader of the Council requested that all Members take this report back with them and digest this important information.
RESOLVED that :
1. The report be noted. 2. The report be referred to Overview and Scrutiny for further discussion and review. All Members to take part in the Review should they so wish.
Page 7 of 7 [Document Title] [date] Page 229 This page is intentionally left blank
Page 230 Agenda Item 22
COUNCIL
Scrutiny Workshop: Oldham Residency Requirements for Council Job Vacancies
Report of Overview and Scrutiny Workshop
23 rd October 2013
Officer Contact: Matt Drogan, Interim Team Leader, Scrutiny & Adult Performance Ext. 4711
Reason for Decision
The purpose of this report is to present Council with a recommendation endorsed by the Overview and Scrutiny Workshop which took place on 3 rd October 2013 in relation to Oldham Residency Requirements for Council Job Vacancies.
Recommendations
It was agreed by all Members in attendance at the Overview & Scrutiny workshop established at the request of Full Council, that the proposal, already developed by Officers in conjunction with their Trades Union colleagues and Members of the Local National Joint Consultative Committee as a key strand of the Council’s Get Oldham Working Campaign, provides an acceptable approach to the introduction of Oldham residency as part of the selection criteria for council jobs from Grade 1 through to Grade 5 whilst ensuring that all appointments would be made on merit.
Page 231
Council 23 rd October 2013
Scrutiny Workshop: Oldham Residency Requirements for Council Job Vacancies
1 Background
1.1 At the meeting held on 11 th September 2013, Council referred a motion on Oldham Residency Requirements for Council Job Vacancies to Overview and Scrutiny for consideration (see Appendix A ). A scrutiny workshop was arranged to examine the matter and all elected Members were invited to take part.
1.2 The workshop was held on the 3 rd October and attended by:
Cllr Colin McLaren Cllr Mark Alcock Cllr Jenny Harrison Cllr Eddie Moores Cllr Lynne Thompson Diane Frost (AED, People Services) Paul Entwistle (Borough Jane Taylor (Scrutiny Solicitor) and Improvement Officer
2 Current Position
2.1 At the workshop on 3 rd October, in noting the motion from Council, Members were brought up to date with the current position and were made aware that a working group comprising People Services, the Employment and Skills Team and colleagues from Unison, GMB and Unite, had already been established and met regularly during the summer months to determine how the Council’s recruitment and selection policy and associated processes should be revised to provide greater access to council vacancies for the residents of Oldham.
2.2 The workshop was provided with a briefing paper which outlined the Council’s proposed approach to developing Oldham Residency Selection Criteria based on the findings of the working group. The briefing paper has been updated since discussions at the workshop and is provided at Appendix B .
3 Options/Alternatives
3.1 Option 1 – to approve the recommendation outlined in the report Option 2 – to not approve the recommendation outlined in the report
4 Preferred Option
4.1 Option 1- to approve the recommendations outlined in the report
Page 2 of 15 [Document Title] [date] Page 232
5 Consultation
5.1 Following Council’s request for Overview and Scrutiny to consider the matter on 11 th September 2013, this report and recommendations have been developed in consultation with Members via the scrutiny workshop on 3 rd October.
6 Financial Implications
6.1 None
7 Legal Services Comments
7.1 No comments – Paul Entwistle
8. Cooperative Agenda
8.1 The Council aims to work co-operatively with our citizens to, as far as is reasonably possible, assist in providing employment opportunities for the people of Oldham.
9 Human Resources Comments
9.1 N/A
10 Risk Assessments
N/A
11 IT Implications
11.1 N/A
12 Property Implications
12.1 N/A
13 Procurement Implications
13.1 N/A
14 Environmental and Health & Safety Implications
14.1 None
15 Equality, community cohesion and crime implications
15.1 Increasing opportunities for our citizens to gain employment should enable the local community to feel more cohesive and lessen the potential for crime.
Page 3 of 15 [Document Title] [date] Page 233
16 Equality Impact Assessment Completed?
16.1 No
17 Key Decision
17.1 No
18 Key Decision Reference
18.1 N/A
19 Background Papers
19.1 The following is a list of background papers on which this report is based in accordance with the requirements of Section 100(1) of the Local Government Act 1972. It does not include documents which would disclose exempt or confidential information as defined by the Act:
File: Residency Requirements Motion Records held in Business Intelligence Team, Level 8, Civic Centre Officer Name: Matthew Drogan Contact No: 770 4711
20 Appendices
20.1 Appendix A - Extract from Council Minutes of 11 th September 2013
20.2 Appendix B – Oldham Residency Selection Criteria Briefing Paper
Page 4 of 15 [Document Title] [date] Page 234
Appendix A
Extract from Council Minutes of 11th September 2013
Motion 1
Councillor Alcock MOVED and Councillor Sedgwick SECONDED the following motion:
“This Council notes with regret that unemployment in Oldham remains higher than the average for Greater Manchester and is resolved to do all it can to support local residents to secure employment.
Manchester City Council has for many years stipulated that traineeships, apprenticeships and entry-level jobs (up to Scale 3) advertised with the authority will only be “open to applicants who are permanently resident in the City of Manchester”.
At present, no such residency requirement is applied by Oldham Council when advertising its own vacancies.
This leads to the anomalous and inequitable situation that a Manchester resident may apply for, and secure, a position of this nature with Oldham Council, but Oldham residents cannot apply for similar positions with Manchester City Council.
As part of its commitment to providing local jobs for local people, this Council resolves to introduce an identical residency requirement by stipulating that all traineeships, apprenticeships and jobs up to Scale 3 be open solely to applicants permanently resident within the boundaries of the borough of Oldham.”
Councillor Harrison spoke on this item and requested that it be referred to Overview & Scrutiny for consideration.
Councillor Battye MOVED that, in accordance with paragraph 10.11 (g) of Part 4 Rules of Procedure of the Council’s Constitution, this issue be referred to Overview & Scrutiny for consideration.
On being put to the vote FIFTY THREE VOTES were cast IN FAVOUR of the MOTION being referred to Overview & Scrutiny with ONE ABSTENTION.
RESOLVED that the Motion be referred to Overview & Scrutiny for consideration.
Page 5 of 15 [Document Title] [date] Page 235
Appendix B
Oldham Residency Selection Criteria
Brief to Council
Date: 23 October 2013
Officer Contact: Dianne Frost, Assistant Executive Director (People Services)
Ext: 4695
Purpose of Brief:
To provide further background information regarding the Oldham residency selection criteria that Members considered at the Overview and Scrutiny Workshop on 3 October 2013.
Page 6 of 15 [Document Title] [date] Page 236
1.0 BACKGROUND AND CONTEXT
1.1 Getting Oldham Working is a Council priority for the Borough of Oldham. The programme supports Repositioning and the Council’s co-operative agenda for everyone to ‘do their bit’. The programme aim is two fold:
• To create a full offer of 2015 opportunities (for work) by 2015 for Oldham people with particular focus on 16-24 year olds and secondarily for those who are long term unemployed including residents outside of this age band; and
• That the Council is the prime driver behind this initiative and is also a flagship host organisation for opportunities and an Employer of Choice in this respect.
1.2 The Council’s Employment and Skills Team is leading the Programme and particularly crafting the wider offer. However, it is People Service’s role to enable and optimise the Programme impact through ensuring that the Council’s policies and processes are legally compliant, fit for purpose and maximise access to substantive jobs for ‘Getting Oldham Working’ participants. Key to this is the early revision of the Council’s recruitment and selection policy and associated processes which, currently, would not support ease of access to substantive employment for ‘Getting Oldham Working’ participants.
1.3 In order to identify and develop the required changes to policy / procedure a working group consisting of People Services, the Employment & Skills Team and colleagues from Unison, GMB and Unite was established and have met regularly during the summer months to determine how the Council’s recruitment and selection policy and associated processes should be revised to create greater access to Council vacancies for the residents of Oldham.
1.4 Changes to the Council’s People related policies are approved by the NJC and as such a report was submitted to local NJC on 5 th June 2013 outlining the proposals in respect of an addendum to accompany the Council’s existing recruitment and selection policy which would allow the ring fencing of vacancies up to Grade 5 to residents of the borough. This would maintain the integrity in the recruitment process and the Council’s obligation to appoint on the basis of merit. The report requested delegated authority be granted to the Chair and Vice-Chair of the group to sign off the addendum once developed and following consultation with the relevant trade unions to enable an expedient implementation between NJC meetings.
1.5 Following NJC, and as a result of the group’s work to agree the principles, an addendum to the recruitment and selection policy was developed. This was shared, and subsequently signed off by the working group on the 16 th July 2013.
Page 7 of 15 [Document Title] [date] Page 237 1.6 A report was issued to the full NJC membership on the 23 rd August 2013, containing the proposed addendum and seeking comment prior to sending for approval to the Chair and Vice-Chair. Few comments were received, none of which altered the content of the addendum and so the proposal was in a state of readiness for approval and subsequent implementation.
1.7 The attached Addendum details what the recommended changes to the Council’s recruitment and selection policy were at that time and which sought to ensure that those Oldham residents already embarked upon the Get Oldham Working Scheme are prioritised over all other Oldham residents for Grade 1 appointments and that Oldham residency is prioritised for all posts up to and including Grade 5 (so beyond the Manchester scheme Grade 3).
1.8 An Overview and Scrutiny Member Workshop was held on 3 October to consider the motion raised at Council in September and the proposed changes to the recruitment and selection policy. Appendix 2 shows the final amendments following the recommendation from that workshop.
Page 8 of 15 [Document Title] [date] Page 238
Recruitment and Selection Policy Addendum
Getting Oldham Working
Contents
1. Introduction 2. Employees Covered by this Policy and Procedure 3. Policy Statement 4. Getting Oldham Working Offers 5. Interpreting this Policy
Appendix 1 – Agreed changes to the recruitment process / policy
1. Introduction
Getting Oldham Working is a high political priority within the borough of Oldham. The programme supports Repositioning and the Council’s co-operative agenda for everyone to ‘do their bit’. The programme aim is two fold:
1. To create a full offer of 2015 opportunities (for work) by 2015 for Oldham people with particular focus on 16-24 year olds and secondarily for those who are long term unemployed including residents outside of this age band; and 2. That the Council is the prime driver behind this initiative and is also a flagship host organisation for opportunities and Employer of Choice in this respect.
In support of this objective this addendum to the Council’s Recruitment and Selection Policy and Guidance has been developed detailing those changes to support the initiative. This is to be read in conjunction with the Council’s Recruitment and Selection Policy and Guidance which can be found at: http://intranet.oldham.gov.uk/recruitment-selection-policy-and-guidance.doc
The Recruitment and Selection Policy will be fully reviewed in the near future and the provisions and changes outlined in this addendum will be fully incorporated.
2. Employees Covered by this Policy
As an addendum to the Recruitment and Selection Policy and Guidance this applies to all recruitment activity covered within the existing policy.
3. Policy Statement
Page 9 of 15 [Document Title] [date] Page 239 As a large employer within the borough of Oldham the Council recognises its obligations to the residents it serves including tackling high unemployment and promoting the economic stability of the town. Whilst work is ongoing to encourage other employers to support the increasing employment of Oldham residents, the Council needs to amend its own internal processes to support the creation of employment opportunities and increased job access to the residents of Oldham.
It remains the Council’s desire to attract the highest calibre applicants for it’s positions therefore at all stages of the recruitment process rigour will be built in to ensure only those applicants with the required skills, qualifications and experience are appointed.
The changes to the Council’s current recruitment and selection process are outlined at Appendix 1 of this addendum.
4. Getting Oldham Working Offers
As part of the wider ‘Getting Oldham Working’ initiative and in addition to substantive posts, the following offers have, so far, been developed:
- Apprenticeships - Work experience - Internships - Traineeships - National Graduate Trainee Scheme
Apprentices: Typically lasting 12 – 18 months in duration and working to a determined framework an apprentice will learn all aspects of the specified role whilst undertaking an NVQ. All positions at Grade 1 should be considered for conversion to an Apprenticeship.
Work Experience: Ranging from 2 weeks to 12 weeks, work experience supports those with limited previous work experience in gaining valuable experience. This will be used in supplement to the initial recruitment and registration process and become a form of ‘working interview’ for both participant and employer to assess suitability for role or application for longer term work.
Internships: Targeted at University students (under graduates and recent graduates) the scheme provides a valuable work experience and input into projects / work programmes in Council services. This is considered a stepping stone or platform to support young people in gaining either longer term graduate opportunities or substantive jobs with or external to, the Council.
Traineeships: Employed on a fixed term contract for a maximum of 6 months successful applicants will fulfil a proportion of a substantive post with associated training provided and recorded to support the incumbent’s CV development and strengthen their position in the local or other job market.
Page 10 of 15 [Document Title] [date] Page 240 National Graduate Trainee Scheme: Operated against a national framework and targeted to new graduates, this is a two year scheme in which successful applicants undertake rotational and profile work in a number of Council services.
As the ‘Getting Oldham Working’ Programme develops and the range and nature of work and training offers become embedded and evolve, these will be ‘jointly’ consulted and endorsed prior to ‘go live’. The same principles of priority access to all ‘Getting Oldham Working’ registered participants will apply as outlined in Appendix 1 of this Addendum.
Further information on all of the schemes can be obtained from People Services or the Employment and Skills Team.
6. Interpreting this Policy
For advice and guidance on the interpretation of this policy, contact your People Services Adviser.
Date and Version: August 2013 (Version 1)
Date for Review: August 2014
Page 11 of 15 [Document Title] [date] Page 241
Appendix 1
Changes to the Council’s recruitment process / policy
This appendix builds on the provisions determined in sections 5 & 9 of the Council’s Recruitment and Selection Policy.
In order to create greater access to Council vacancies for the residents of Oldham the following process has been agreed and will apply to all Council vacancies.
Grade of Order of advertisement / access Vacancy Grade 1 1. Employees on the redeployment register* 2. Registered members of the ‘Get Oldham Working’ scheme 3. Internal applicants of the Council (irrespective of residency)** 4. External applicants – Oldham residents only 5. External applicants (irrespective of residency)
Grade 2 1. Employees on the redeployment register* 2. Internal applicants of the Council (irrespective of residency)** 3. Registered members of the ‘Get Oldham Working’ scheme 4. External applicants – Oldham residents only 5. External applicants (irrespective of residency)
Grade 3 – 5 1. Employees on the redeployment register* 2. Internal applicants of the Council (irrespective of residency)** 3. External applicants – Oldham residents only 4. External applicants (irrespective of residency)
Grade 6 and 1. Employees on the redeployment register* above 2. Internal applicants of the Council (irrespective of residency)** 3. External applicants. Oldham residency will be a ‘desirable’ criteria on the person specification and where a short-list of at least 3 strong candidates can be made utilising this criteria no candidate of non-Oldham residency shall be interviewed. Should this not be the case, residency is no longer a factor (except in the event of a tie-break on scores).
* ‘At risk’ refers to those employees at risk of redundancy or dismissal on the grounds of capability or ill-health.
Page 12 of 15 [Document Title] [date] Page 242 ** Internal and external advertisement may occur concurrently where the need to fill a vacancy is recognised as time pressured. However, where concurrent advertising occurs internal applicants will retain priority access and be considered in advance of external applicants where a meaningful shortlist of at least 3 internal applicants can be drawn up .
Disabled Applicants
The Council continues to provide support to disabled applicants and guarantee of a disabled applicant’s progression to the interview stage where they meet the ‘essential’ criteria of the person specification. This will, however, be in line with the Oldham residency criteria as detailed above.
Page 13 of 15 [Document Title] [date] Page 243
Appendix 2
Changes to the council’s recruitment process / policy
This appendix builds on the provisions determined in sections 5 & 9 of the council’s Recruitment and Selection Policy.
In order to create greater access to council vacancies for the residents of Oldham the following process has been agreed and will apply to all council vacancies.
Grade of Order of advertisement / access Vacancy Apprentice and 6. Employees on the redeployment register* (where the Trainee position is an advanced apprenticeship) Positions 7. Registered members of the ‘Get Oldham Working’ scheme 8. External applicants – Oldham residents only 9. External applicants (irrespective of residency)
Grade 1 1. Employees on the redeployment register* 2. Registered members of the ‘Get Oldham Working’ scheme 3. Internal applicants of the council (irrespective of residency)** 4. External applicants – Oldham residents only 5. External applicants (irrespective of residency)
Grade 2 6. Employees on the redeployment register* 7. Internal applicants of the council (irrespective of residency)** 8. Registered members of the ‘Get Oldham Working’ scheme 9. External applicants – Oldham residents only 10. External applicants (irrespective of residency)
Grade 3 – 5 5. Employees on the redeployment register* 6. Internal applicants of the council (irrespective of residency)** 7. External applicants – Oldham residents only 8. External applicants (irrespective of residency)
Grade 6 and 4. Employees on the redeployment register* above 5. Internal applicants of the council (irrespective of residency)** 6. External applicants. Oldham residency will be a ‘desirable’ criteria on the person specification and where a short-list of at least 3 strong candidates can be made utilising this criteria no candidate of non-Oldham residency shall be interviewed. Should this not be the case, residency is no longer a factor (except in the event of a tie-break on scores).
Page 14 of 15 [Document Title] [date] Page 244
* ‘At risk’ refers to those employees at risk of redundancy or dismissal on the grounds of capability or ill-health.
** Internal and external advertisement may occur concurrently where the need to fill a vacancy is recognised as time pressured. However, where concurrent advertising occurs internal applicants will retain priority access and be considered in advance of external applicants where a meaningful shortlist of at least 3 internal applicants can be drawn up .
Disabled Applicants
The council continues to provide support to disabled applicants and guarantee of a disabled applicant’s progression to the interview stage where they meet the ‘essential’ criteria of the person specification. This will, however, be in line with the Oldham residency criteria as detailed above.
Page 15 of 15 [Document Title] [date] Page 245 This page is intentionally left blank
Page 246 Agenda Item 23
COUNCIL
Update on Actions from Council
Report of the Borough Solicitor
Portfolio Holder : Various
23 October 2013
Officer Contact : Liz Frier, Head of Constitutional Services Ext. 4705
Reason for Decision
The decision is for Elected Members to note updates to the actions from previous Council meetings.
Executive Summary
1. This report provides feedback to the Council on actions taken on motions at the Council meeting on 17 th July 2013 and 11 th September 2013.
2. This report also provides feedback on other issues raised at the meeting.
Recommendations:
1. Council are asked to note the actions and correspondence received regarding motions agreed at previous Council meetings.
Page 247
Council 23 October 2013
Update on Actions from Council
1 Background
1.1 The report sets out the actions officers have taken on motions of outstanding business and notices of motion approved at the Council meeting on 11 th September 2013.
2 Current Position
2.1 The current position from actions as a result of motions is set out in the table at Appendix One. Letters are attached at Appendix Two in response to the actions approved at Council on 17 th July 2013 and 11 th September 2013.
3 Options/Alternatives
3.1 N/A
4 Preferred Option
4.1 N/A
5 Consultation
5.1 N/A
6 Financial Implications
6.1 N/A
7 Legal Services Comments
7.1 N/A
8 Human Resources Comments
8.1 N/A
9 Risk Assessments
9.1 N/A
10 IT Implications
10.1 N/A
11 Property Implications
11.1 N/A
Page 2 of 4 Update on Actions from Council 23Oct13 Page 248
12 Procurement Implications
12.1 N/A
13 Environmental and Health & Safety Implications
13.1 N/A
14 Equality, community cohesion and crime implications
14.1 N/A
15 Equality Impact Assessment Completed?
15.1 N/A
16 Key Decision
16.1 No
17 Forward Plan Reference
17.1 N/A
18 Background Papers
18.1 The following is a list of background papers on which this report is based in accordance with the requirements of Section 100(1) of the Local Government Act 1972. It does not include documents which would disclose exempt or confidential information as defined by the Act:
• Agenda and minutes of the Council meetings held on the 11 th September 2013 are available online at http://committees.oldham.gov.uk/mgCommitteeDetails
19 Appendices
19.1 Appendix 1 – actions taken following the Council meeting on the 11th September 2013
19.2 Appendix 2 – Letters received in response to actions taken at the meeting approved at Council on 17 th July 2013 and 11 th September 2013.
Page 3 of 4 Update on Actions from Council 23Oct13 Page 249 Appendix One
ACTION RESPONSE WHO RESPONSIBLE DATE COMPLETED Youth Council Motion – Votes at Letter sent to the Minister for Chief Executive Letter sent 2 October 2013 16 Campaign Political and Constitutional Reform
Administration Business – Local Letters sent to the Secretary of Chief Executive Letters sent to Secretary of Government Finance Settlement State and the borough’s three State and three MPs on 23 MP’s September 2013
Letter from D Heyes MP dated 2 Oct received 4 Oct; letter from M Meacher MP dated 1 Oct received Page 250 4 Oct; letter from D Abrahams MP dated 2 Oct received 4 Oct
Opposition Business 1 – Referred to Overview and Scrutiny Overview and Scrutiny Task and Finish Group Residency Requirement for meeting held on 3 October traineeships, apprenticeships and 2013. Addendum to the jobs up to Scale 3 Recruitment and Selection Policy taken to the Local NJC meeting on 8 October 2013.
Opposition 2 – Plain Packaging Letter sent to the Secretary of Chief Executive and Letter sent 3 October 2013 for Cigarettes – as amended State Cabinet Member for Social Care and Health
Page 4 of 4 Update on Actions from Council 23Oct13 Page 251 This page is intentionally left blank
Page 252 Page 253 This page is intentionally left blank
Page 254 Page 255 This page is intentionally left blank
Page 256 Page 257 Page 258