Minutes of the Council held on 15 October 2003

54. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 17 September 2003 be approved.

55. DECLARATIONS OF INTEREST

Mr G Kendall declared a personal interest in Minute Number 58 - Draft Isle of Wight Local Healthcare Strategy - as a non executive Director of the PCT.

Mr Mazillius declared a personal interest in Minute Number 58 - Draft Isle of Wight Local Healthcare Strategy - as he was taking legal action against supplier of an artificial hip.

Two further Members declared personal interests arising out of personal health issues but Members were advised that it was not necessary to record such matters as personal interests.

56. PUBLIC QUESTION TIME

Questions were put to the Chairman as follows :

Mrs Swan concerning the policy of devolving budgets to schools and the effect this has on the SEN process. The Portfolio Holder for Education and Community Development gave an appropriate reply (PQ40/03).

57. CHAIRMAN’S REPORT

The Chairman reported on her morning with a refuse collection team; congratulated Mr Mellor on his participation, for charity, in the Great South Run; and that the following week she would be visiting Isle of Wight County Virginia.

58. DRAFT ISLE OF WIGHT LOCAL HEALTHCARE STRATEGY

The Chairman welcomed to the meeting:

Mr Mark Price – Joint Director of Strategic Development for the Isle of Wight Primary Care Trust and the Isle of Wight Healthcare NHS Trust.

Mr Graham Elderfield – Chief Executive of the Isle of Wight Healthcare NHS Trust.

Mr David Crawley – Chief Executive of the Isle of Wight Primary Care Trust.

Mr Richard Samuel, Assistant Chief Executive of the Hampshire and Isle of Wight Strategic Health Authority.

The Council received a presentation from Mr Mark Price on the Draft Isle of Wight Local Healthcare Strategy that would be considered as a consultation draft by the Isle of Wight Primary Care Trust and the Healthcare NHS Trust at the end of the month. Once approved the strategy would be out for consultation for three months with this consultation being undertaken as widely as possible. It was noted that the document had been prepared in response to the Strategic Health Authorities “Healthfit” document.

The Social Services, Housing and Benefits Select Committee had considered the draft strategy at a meeting the previous day and in their health scrutiny function would be undertaking their own consultation before concluding their views on the strategy.

Following the presentation a number of questions were asked by members all of which received an appropriate response. It was anticipated that the Council would respond to the document before the end of the consultation period.

RESOLVED :

THAT the presentation be noted.

59. GREAT ACCESS TO GREAT SERVICES

Council considered the recommendations from the Executive requesting that the Council confirms decisions made by the Executive and in particular commitments made against budgets in subsequent years. The Council was also asked to note that the Executive will at any time delay expenditure on a corporate call centre if necessary to protect standards of service delivery. The Executive also intended to delay the implementation of the various resolutions for so long as was necessary for the normal budget processes to deliver sufficient clarity to the 2004/5 budget, but an additional part to the motion was included to make it clear that the Council formally resolved to defer the commitment until the upcoming Council budget round.

Mr Sutton moved, and Mr Mellor seconded, an amendment that whilst continuing with the Council’s commitment to Great Access to Great Services, that this be delivered with a strategic partner and that a range of existing elements be included as part of the strategic partnership.

During the debate on the amendment it was identified that the original proposition did not rule out the possibility of entering into a strategic partnership (and indeed tentative discussions with a number of possible partners were already taking place) but left the options open.

On being put to the vote the amendment was lost.

It was then

RESOLVED:

(a) THAT it be confirmed that the budget allocations for 2003/04 and in future years (including those allocated to underwrite the rent at Enterprise House, for strategic development of ICT and from savings generated by the implementation) can be used to deliver the two GAGS projects, as set out in the resolution of the Executive held on 24 September 2003.

(b) THAT it be noted that the Executive will, at any time, delay expenditure on a corporate call centre if necessary to protect the standards of service delivery and/or to achieve greater clarity in relation to the 2004-05 budget.

(c) THAT the principles within the Great Access to Great Services Business Case are accepted, however it is thought prudent to defer commitment of the related budget until the upcoming Council budget round, where it will be considered alongside other budgets.

60. CONSTITUTIONAL AMENDMENTS

Council considered a report from the Leader on proposed changes to the Council’s constitution to reflect changes in the law since the constitution was drafted. The recommendations also included a number of detailed changes recommended by the Co-ordinating Committee.

RESOLVED :

(a) THAT a politically proportionate Human Resources Committee be established with a membership and terms of reference as set out in Appendix 1.

(b) THAT Officer Employment Rules as set out in Appendix 2 be added to the constitution.

(c) THAT the rules relating to time limits for the number of clear days notice for the calling of meetings be amended to read 5 (from 3 in some places).

(d) THAT the time limit for the relevant select committee to meet to consider a call in be extended to 10 days (from 5).

(e) THAT the Rights of Way remit be transferred to the Environment and Transport Select Committee.

(f) THAT a Corporate Governance Working Group be established with a membership and responsibilities as set out in Appendix 3.

61. EXECUTIVE

Reports Of The Portfolio Holders

(i) The Leader

The Leader answered various questions relating to a Liberal Democratic Party publication and that party’s local tax proposals.

(ii) The Deputy Leader

Following a question, the Deputy Leader agreed to consider some of the issues that had been contained in the lost amendment during the Great Access to Great Services debate.

(iii) Economic Development, UK and EU, Regional Issues

The Portfolio Holder had submitted a written report.

(iv) Education and Community Development

The Portfolio Holder submitted a written report and updated the Council on the various education inspections being undertaken; the progress on the bringing back in house the management of the Ryde and Shanklin Theatres; and the looked after children awards the following night.

(v) Fire, Emergency Planning and Consumer Protection

In the absence of the Portfolio Holder the Leader updated the Council on the consultation process for the Fire Integrated Risk Management plan and the possible introduction of an order banning alcohol in open places in parts of Newport.

The Leader answered various questions dealing with crime and disorder issues.

(vi) Resources

The Portfolio Holder answered various questions relating to alternative forms of local taxation and possible re-development of St Mary’s Road Car Park in Cowes.

(vii) Social Services and Housing

The Portfolio Holder updated the Council on the independent report that he had commissioned following the death of an elderly Island resident: the findings of the report along with an action plan would be published the following week: and that the Registered Care Homes Association had lodged their action against the Council’s level of fees with the High Court.

(viii) Sustainable Development, Environment and Planning Policy

In the absence of the Portfolio Holder no report was submitted.

(ix) Tourism and Leisure

The Portfolio Holder updated members on his attendance at the European Beach Management Conference.

The Portfolio Holder answered a question relating to the appointment of the Head of Tourism.

(x) Transport

The Portfolio Holder submitted a written report on the Transport in Rural Areas Conference that he had recently attended.

The Portfolio Holder answered various questions relating to transport matters.

The meeting closed at 13.55.

CHAIRMAN

APPENDIX 1

HUMAN RESOURCES COMMITTEE

A politically proportionate committee of 7 elected members, to include the Portfolio Holder for Resources, established under sections 101 and 102 of the Local Government Act 1972 in order to:

1. Discharge the functions of appointing staff and to determine the terms and conditions under which they hold office (including procedures for their dismissal).

2. To be available for consultation on proposals by the Executive, collectively, or by Portfolio Holders, individually, to significantly change the size and/or deployment of the workforce.

3. To adopt, oversee the development and implementation of strategies and plans, in particular in relation to:

· Recruitment and Selection

· Training and Development

· Pay and other benefits

· Redundancy and redeployment

· Performance and Motivation

· Attendance at Work

· Equalities and Diversity

· Industrial and employee relations

4. So far as not prescribed by law to devise and adopt procedures for determining capability and conduct issues in relation to staff.

5. To hear appeals against dismissal by staff not on JNC for Chief Executive and Chief Officers’ conditions of service.

6. To determine issues referred by the JCB.

Under s13 Local Government Act 2000 and the Local Authorities (England)(Functions and Responsibilities Order) 2001 responsibility for the deployment of staff and for the monitoring of the size and deployment of the establishment are the responsibility of the Executive, and particularly within the delegation to the Portfolio Holder for Resources.

APPENDIX 2

OFFICER EMPLOYMENT RULES

These Procedure Rules are Standing Orders made under S135 Local Government Act 1972.

Role of Head of Paid Service

1 Subject to paragraphs 3 and 7, the functions of appointment and dismissal of, and taking disciplinary action against, a member of staff of the authority must be discharged, on behalf of the authority, by the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the head of the authority's paid service or by an officer nominated by him (and not by members of the Council, except in accordance with Rule 8).

The Head of Paid Service has nominated all Strategic Directors and Heads of Service as officers who can carry out on his behalf the functions of appointment and dismissal of, and taking disciplinary action against, a member of staff, under Rule 1.

2 Rule 1 shall not apply to the appointment or dismissal of, or disciplinary action against –

(a) the officer designated as the head of the authority's paid service;

(b) a statutory chief officer within the meaning of section 2(6) of the 1989 Act (politically restricted posts);

(d) a deputy chief officer within the meaning of section 2(8) of the 1989 Act; or

(e) a person appointed in pursuance of section 9 of the 1989 Act assistants for political groups).

3 Recruitment and Appointment of Officers

(a) Declarations

(i) The council will draw up a statement requiring any candidate for appointment as an officer to state in writing whether they are the parent, grandparent, partner, child, stepchild, adopted child, grandchild, brother, sister, uncle, aunt, nephew or niece of an existing councillor, or officer of the council or of the partner of such persons.

(ii) No candidate so related to a councillor or an officer, or of a partner of such persons, shall be appointed without the authority of the relevant chief officer of the council.

(b) Seeking Support for Appointment

(i) Subject to paragraph (iii) below, the council will disqualify any applicant who directly or indirectly seeks the support of any councillor for any appointment with the council. The content of this paragraph (or words to similar effect) will be contained in any recruitment information.

(ii) Subject to paragraph (iii) below, no councillor will seek to support any person for appointment with the council.

(iii) Nothing in this Rule will prevent a councillor from giving a written reference for a candidate for submission in connection with an application for appointment.

4. Recruitment of Head of Paid Service and Chief Officers

4.1 Where the Council proposes to appoint a Chief Officer, and it is not proposed that the appointment will be made exclusively from among their existing officers, the council will:

(a) Draw up a statement specifying:

(i) the duties of the officer concerned; and

(ii) any qualifications or qualities to be sought in the person appointed

(b) Make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it; and

4.2 Where a post has been advertised as provided in standing order 1(b), the authority shall -

(a) interview all qualified applicants for the post, or

(b) select a short list of such qualified applicants and interview those included on the short list.

4.3 Where no qualified person has applied, the authority shall make further arrangements for advertisement in accordance with Rule 4.1 (b).

4.4 Every appointment of a Chief Officer shall be made by the Authority.

5. Appointment and Dismissal of Head of Paid Service, Statutory and Other Chief Officers and Deputy Chief Officers

5.1 Where a committee or a sub-committee of the authority is discharging, on behalf of the authority, the functions of appointment or dismissal of:

(a) the officer designated as the head of the authority's paid service;

(b) a statutory chief officer within the meaning of section 2(6) of the 1989 Act (politically restricted posts);

(d) a deputy chief officer within the meaning of section 2(84 of the 1 989 Act;

This rule will apply.

5.2 In this Rule, "appointor" means, in relation to the appointment of a person as an officer of the authority, the authority or, where a committee, sub-committee or officer is discharging the function of appointment on behalf of the authority, that committee, sub-committee or officer, as the case may be.

5.3 An offer of an appointment as a Chief Executive Officer to in this Rule must not be made by the appointor until -

(a) the appointor has notified the proper officer of the name of the person to whom the appointor wishes to make the offer and any other particulars which the appointor considers are relevant to the appointment;

(b) the Proper Officer has notified every member of the executive of the authority of -

(i) the name of the person to whom the appointor wishes to make the offer;

(ii) any other particulars relevant to the appointment which the appointor has notified to the proper officer; and

(iii) the period within which any objection to the making of the offer is to be made on behalf of the executive to the proper officer; and

(i) The Leader of the Council within the period specified in the notice under sub-paragraph (b)(iii), notified the appointor that neither s/he nor any other member of the executive has any objection to the making of the offer;

(ii) the proper officer has notified the appointor that no objection was received by him within that period from the Executive; or

(iii) the appointor is satisfied that any objection received from the Executive within that period is not material or is not well-founded.

5.4 In this Rule, “dismissor” means, in relation to the dismissal of an officer of the authority, the authority or, where a committee, sub-committee or another officer is discharging the function of dismissal on behalf of the authority, that committee, sub-committee or other officer, as the case may be.

5.5 Notice of the dismissal of an officer referred to must not be given by the dismissor until -

(a) the dismissor has notified the Proper Officer of the name of the person who the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal;

(b) the Proper Officer has notified every member of the executive of the authority of -

(i) the name of the person who the dismissor wishes to dismiss;

(ii) any other particulars relevant to the dismissal which the dismissor has notified to the proper officer; and

(iii) the period within which any objection to the dismissal is to be made on behalf of the executive to the proper officer; and

(i) the Leader of the Council has, within the period specified in the notice under sub-paragraph (b)(iii), notified the dismissor that neither s/he nor any other member of the executive has any objection to the dismissal;

(ii) the Chief Executive has notified the dismissor that no objection was received by him within that period from the elected mayor; or

(iii) the dismissor is satisfied that any objection received on behalf of the Executive within that period is not material or is not well-founded.

6. Additional Rule in Relation to Appointment and Dismissal of Head of Paid Service

Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the appointment or dismissal of an officer designated as the head of the authority's paid service, the Full Council must approve that appointment before an offer of appointment is made to him or, as the case may be, must approve that dismissal before notice of dismissal is given to him.

7. Discipline of Head of Paid Service, Monitoring Officer and Chief Finance Officer

7.1 Subject to paragraph (5), where, after a local authority has incorporated provisions in standing orders pursuant to regulation 6, it appears to the local authority that an allegation of misconduct by -

(a) the head of the authority's paid service;

(b) its monitoring officer; or

as the case may be, ("the relevant officer"), requires to be investigated, the authority must appoint a person ("the designated independent person") for the purposes of the standing order which incorporates the provisions in Schedule 3 (or provisions to the like effect).

7.2 The designated independent person must be such person as may be agreed between the authority and the relevant officer or, in default of such agreement, nominated by the Secretary of State.

7.3 The designated independent person –

(a) may direct -

(i) that the authority terminate any suspension of the relevant officer;

(ii) that any such suspension must continue after the expiry of the period referred to in paragraph 3 of Schedule 3 (or in provisions to the like effect);

(iii) that the terms on which any such suspension has taken place must be varied in accordance with the direction; or

(iv) that no steps (whether by the authority or any committee, sub-committee or officer acting on behalf of the authority) towards disciplinary action or further disciplinary action against the relevant officer, other than steps taken in the presence, or with the agreement, of the designated independent person, are to be taken before a report is made under sub-paragraph (d);

(b) may inspect any documents relating to the conduct of the relevant officer which are in the possession of the authority, or which the authority has power to authorise him to inspect;

(d) must make a report to the authority -

(i) stating his opinion as to whether (and, if so, the extent to which) the evidence he has obtained supports any allegation of misconduct against the relevant officer; and

(ii) recommending any disciplinary action which appears to him to be appropriate for the authority to take against the relevant officer; and

(e) must no later than the time at which he makes his report under sub-paragraph (d), send a copy of the report to the relevant officer.

7.4 A local authority must pay reasonable remuneration to a designated independent person appointed by the authority and any costs incurred by him in, or in connection with, the discharge of his functions under this regulation.

8. Additional Rules in Relation to Appointment of Political Assistants

(a) no appointment of a political assistant to a political group shall be made until such posts have been allocated to all political groups which qualify,

(b) no political assistant will be allocated to a political group which does not qualify for one,

(d) the prohibition on the involvement of members of the council in the appointment of officers does not apply to the appointment of political assistants.

9. Appeal Committees

Nothing in Rule t shall prevent a person from serving as a member of any committee or sub-committee established by the authority to consider an appeal by -

(a) another person against any decision relating to the appointment of that other person as a member of staff of the authority; or

(b) a member of staff of the authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.

10. Definitions

In these Rules:

"the 1989 Act" means the Local Government and Housing Act;

"the 2000 Act" means the Local Government Act 2000;

"disciplinary action" has the same meaning as in the Local Authorities (Standing Orders) (England) Regulations 2001;

"elected mayor" and "executive" have the same meaning as in Part II of the 2000 Act;

"member of staff" means a person appointed to or holding a paid office or employment under the authority; and

"proper officer" means an officer appointed by the authority for the purposes of the provisions in this Part (the officer appointed is the Chief Executive who is designated Head of Paid Service or their nominee).

APPENDIX 3

CORPORATE GOVERNANCE WORKING GROUP

Membership

1. Elected members nominated by:

The Leader of the Council (to represent the Executive)

The Leaders of Political Groups (to represent the views of those groups)

The Select Co-ordinating Committee (to represent the select committees)

A regulatory committee chair

Such other members (including an independent member) as are necessary to reflect the diversity of political opinion

2. Officers

The Chief Executive Officer

The Chief Financial Officer

The Head of Legal and Democratic Services/Monitoring Officer

Such other officers who, in the opinion of the working group, will enhance the work of the group.

Responsibilities

1. To consider necessary changes to the constitution and to make recommendations to improve the effectiveness of the current arrangements, as set out in the CPA Improvement Plan.

2. To consider changes to the corporate governance of the council, from time to time, and make recommendations for improvement.

3. To ensure that all political and constitutional perspectives are reflected in the development of recommendations and, where possible, to make recommendations by consensus.