Agenda, decisions and minutes

Members are asked to declare any interest and the nature of that interest that they may have in any of the items under consideration at this meeting.

There were no declarations of interest.

The Chairman to report on any requests to submit petitions or to address the meeting.

There were no petitions or requests to address the meeting.

To receive communications from the Chairman.

There were no Chairman’s announcements.

To confirm as a correct record the Minutes of the meeting held on 21 July 2016.

The Minutes of the meeting of the Committee held on 21 July 2016 were agreed as a correct record and signed by the Chairman.

Report of Commercial Director

Purpose of report

To provide the Committee with a background and context to the Draft People and OD Strategy attached to this report for review.

Recommendations

The meeting is recommended to:

1.1         Consider, review and agree the draft People and OD Strategy attached at Appendix 1.

1.2         Consider, review and agree the draft People and OD Strategy Action Plan attached at Appendix 2.

Resolved

(1)          That, subject to the inclusion of reference to the competency framework being used for recruitment and clarity as  to the current extent of the harmonisation of terms and conditions, the draft People and Organisational Development Strategy (annex to the Minutes as set out in the Minute Book) be agreed.

(2)          That the draft People and Organisational Development Strategy Action Plan (annex to the Minutes as set out in the Minute Book) be agreed.

The Commercial Director submitted a report to provide the Committee with a background and context to the Draft People and Organisational Development Strategy for review.

In presenting the report, the Human Resources and Organisational Development Manager advised the Committee that the informal meeting of the Joint Councils Employee Engagement Committee had considered the and endorsed the Strategy recommending it be approved by the Joint Commissioning Committee.

Resolved

(1)          That, subject to the inclusion of reference to the competency framework being used for recruitment and clarity as  to the current extent of the harmonisation of terms and conditions, the draft People and Organisational Development Strategy (annex to the Minutes as set out in the Minute Book) be agreed.

(2)          That the draft People and Organisational Development Strategy Action Plan (annex to the Minutes as set out in the Minute Book) be agreed.

Report of Commercial Director

Purpose of report

To provide the committee with a proposed Action Plan in relation to the findings from the Staff Survey undertaken during 2016. The action plan will be in place for the period before the next Staff Survey takes place, which is likely to be two years.

Recommendations

The meeting is recommended to:

1.1         Consider, review and agree the draft Action Plan attached at Appendix 1.

Resolved

(1)          That the draft Action Plan (annex to the Minutes as set out in the Minute Book) be endorsed and it be noted that the final version of the Action Plan would incorporate feedback from the Unions, JEC, Joint Councils Employee Engagement Committee, the Joint Commissioning Committee and the Joint Management Team.

The Commercial Director submitted a report to provide the committee with a proposed Action Plan in relation to the findings from the Staff Survey undertaken during 2016. The action plan will be in place for the period before the next Staff Survey takes place, which is likely to be two years.

In presenting the report, the Human Resources and Organisational Development Manager advised the Committee that the informal meeting of the Joint Councils Employee Engagement Committee had considered the and endorsed the Strategy recommending it be approved by the Joint Commissioning Committee.

Resolved

(1)          That the draft Action Plan (annex to the Minutes as set out in the Minute Book) be endorsed and it be noted that the final version of the Action Plan would incorporate feedback from the Unions, JEC, Joint Councils Employee Engagement Committee, the Joint Commissioning Committee and the Joint Management Team.

Joint report of Head of Law and Governance and Assistant Director- Transformational Governance

Purpose of report

To consider and recommend to full councils the adoption of a joint indemnities policy for members and officers.

Recommendations

The meeting is recommended:

1.1       To recommend to full Council that pursuant to the Local Authorities (Indemnities for Members and Officers) Order 2004 (“the Order”) anindemnity be granted toMembersandtoofficersoftheCouncilinthetermssetout inAppendix1, such indemnity to replace the existing one in place at SNC.

1.2       That theChief Finance Officer securesinsurancetocovertheliabilityundertheindemnity in theeventthatsuchcoverisavailableandsubjecttohimbeingsatisfiedthatsuchaction wouldbefinanciallyprudent.

1.3       Thattheappointmentofa Membertoa positionwithanorganisation whichcomeswithintheindemnityshallbe treatedasappointmentasa representativeoftheCouncilfor thepurposesof the SNC Members’CodeofConduct, and as an appointment to a role which is deemed to part of the role of an elected member for the purposes of the CDC Members’ Code of Conduct.

1.4       Thatit be deemed that appointments of Members and officers to organisations (including those where the Council nominates and the organisation formally appoints) be deemedas  ...  view the full agenda text for item 31.

Resolved

(1)          That the respective CDC and SNC Full Councils be recommended to agree that, pursuant to the Local Authorities (Indemnities for Members and Officers) Order 2004 (“the Order”) and indemnity be granted to Members and officers of the Councils in the terms set out in the annex to the Minutes (as set out in the Minute Book), such indemnity to replace the existing one in place at SNC.

(2)          That theChief Finance Officer be requested to secure insurancetocovertheliabilityundertheindemnity in theeventthatsuchcoverisavailableandsubjecttohimbeingsatisfiedthatsuchaction wouldbefinanciallyprudent.

(3)          That it be agreed that theappointmentofa Membertoa positionwithanorganisation whichcomeswithintheindemnityshallbe treatedasappointmentasa representativeoftheCouncilfor thepurposesof the SNC Members’CodeofConduct, and as an appointment to a role which is deemed to part of the role of an elected member for the purposes of the CDC Members’ Code of Conduct.

(4)          Thatit be deemed that appointments of Members and officers to organisations (including those where the Council nominates and the organisation formally appoints) be deemedas“advancingtheinterestoftheCouncil”forthepurposestheTermsofIndemnity.

The Head of Law and Governance and Assistant Director- Transformational Governance submitted a report to consider and recommend to the respective Cherwell District and South Northamptonshire full Councils the adoption of a joint indemnities policy for members and officers.

Resolved

(1)          That the respective CDC and SNC Full Councils be recommended to agree that, pursuant to the Local Authorities (Indemnities for Members and Officers) Order 2004 (“the Order”) and indemnity be granted to Members and officers of the Councils in the terms set out in the annex to the Minutes (as set out in the Minute Book), such indemnity to replace the existing one in place at SNC.

(2)          That theChief Finance Officer be requested to secure insurancetocovertheliabilityundertheindemnity in theeventthatsuchcoverisavailableandsubjecttohimbeingsatisfiedthatsuchaction wouldbefinanciallyprudent.

(3)          That it be agreed that theappointmentofa Membertoa positionwithanorganisation whichcomeswithintheindemnityshallbe treatedasappointmentasa representativeoftheCouncilfor thepurposesof the SNC Members’CodeofConduct, and as an appointment to a role which is deemed to part of the role of an elected member for the purposes of the CDC Members’ Code of Conduct.

(4)          Thatit be deemed that appointments of Members and officers to organisations (including those where the Council nominates and the organisation formally appoints) be deemedas“advancingtheinterestoftheCounci  ...  view the full minutes text for item 31.

Joint report of Head of Law and Governance and Assistant Director - Transformational Governance

Purpose of report

To consider the updated protocol on roles and conflicts of Interest and Ethical Walls procedure and recommend its adoption to both full councils.

Recommendations

The meeting is recommended:

1.1      To consider and recommend to both full Councils the adoption of the updatedProtocol on the Respective Roles of Members and Officers and Dealing with Conflicts of Interest and Ethical Walls Procedure.

Resolved

(1)          That the respective Cherwell District Council and South Northamptonshire Council Full Councils be recommended to agree the adoption of the updatedProtocol on the Respective Roles of Members and Officers and Dealing with Conflicts of Interest and Ethical Walls Procedure.

The Head of Law and Governance and Assistant Director - Transformational Governance submitted a report to consider the updated protocol on roles and conflicts of Interest and Ethical Walls procedure and recommend its adoption to both full councils.

Resolved

(1)          That the respective Cherwell District Council and South Northamptonshire Council Full Councils be recommended to agree the adoption of the updatedProtocol on the Respective Roles of Members and Officers and Dealing with Conflicts of Interest and Ethical Walls Procedure.

Report of Assistant Director - Transformational Governance

Purpose of report

To begin the process of establishing joint local authority owned companies to deliver the savings identified in business cases for joint working and/or business transformation.

Recommendations

The meeting is recommended:

1.1    To note the legal, financial and human resources work that is taking place with regard to the establishment of the companies.

1.2    To appoint a Joint Shareholder committee as a sub-committee of the Joint Commissioning Committee consisting of four councillors (2 CDC and 2 SNC) with the terms of reference as set out in section 3 of this report.

1.3    To recommend to Cabinet and the Executive that the Joint Commissioning Committee be given delegated powers to take all executive decisions with regard to any established and future shared service and ally executive decisions relating to any joint local authority owned company established pursuant to a shared service business case.

1.4    To recommend to Cabinet and Executive that delegated authority be given to the Joint Commissioning Committee to approve the nomination of elected Members and officers to be appointed as Directors by joint local authority owned companies.

1.5    To recommend to Cabinet and Executive that officers be requested to establish and register joint local authority owned companies limited by shares comprising a principal Company to be wholly owned by the Councils in equal shares and a subsidiary trading company to be majority owned by the principal company with a minority interest owned by the Councils to enable the Revenues and Benefits Business Case and other future commercial opportunities to be achieved.

1.6    To recommend to Cabinet and Executive that delegated authority be given to the Chief Finance Officer in consultation with members of the Joint Shareholder Committee to take all measures necessary to enable the establishment of jointly owned companies, where business cases have been agreed.

1.7    To request officers to prepare a detailed implementation plan including a draft business case, financial model, articles of association, shareholder agreement and communications plan for the creation of the companies to be considered by the Joint Commissioning Committee

Resolved

(1)          That the legal, financial and human resources work that is taking place with regard to the establishment of the companies be noted.

(2)          That a Joint Shareholder Committee be appointed as a sub-committee of the Joint Commissioning Committee of 4 councillors, 2 SNC and 2 CDC, (Councillor Rebecca Breese and Councillor Tony Bagot-Webb appointed to represent SNC and authority delegated to the CDC Leader to appoint the 2 CDC Members) with the terms of reference as set out in the annex to the Minutes (as set out in the Minute Book).

(3)           That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be recommended to give delegated powers to the Joint Commissioning Committee to take all executive decisions with regard to any established and future shared service and all executive decisions relating to any joint local authority owned company established pursuant to a shared service business case.

(4)          That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be recommended to give delegated authority to the Joint Commissioning Committee to approve the nomination of elected Members and officers to be appointed as Directors by joint local authority owned companies.

(5)          That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be requested to establish and register joint local authority owned companies limited by shares comprising a principal Company to be wholly owned by the Councils in equal shares and a subsidiary trading company to be majority owned by the principal company with a minority interest owned by the Councils to enable the Revenues and Benefits Business Case and other future commercial opportunities to be achieved.

(6)          That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be recommended to give delegated authority to the Chief Finance Officer in consultation with members of the Joint Shareholder Committee to take all measures necessary to enable the establishment of jointly owned companies, where business cases have been agreed.

(7)          That officers be requested to prepare a detailed implementation plan including a draft business case, financial model, articles of association, shareholder agreement and communications plan for the creation of the companies to be considered by the Joint Commissioning Committee

The Assistant Director - Transformational Governance submitted a report to begin the process of establishing joint local authority owned companies to deliver the savings identified in business cases for joint working and/or business transformation.

Resolved

(1)          That the legal, financial and human resources work that is taking place with regard to the establishment of the companies be noted.

(2)          That a Joint Shareholder Committee be appointed as a sub-committee of the Joint Commissioning Committee of 4 councillors, 2 SNC and 2 CDC, (Councillor Rebecca Breese and Councillor Tony Bagot-Webb appointed to represent SNC and authority delegated to the CDC Leader to appoint the 2 CDC Members) with the terms of reference as set out in the annex to the Minutes (as set out in the Minute Book).

(3)           That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be recommended to give delegated powers to the Joint Commissioning Committee to take all executive decisions with regard to any established and future shared service and all executive decisions relating to any joint local authority owned company established pursuant to a shared service business case.

(4)          That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be recommended to give delegated authority to the Joint Commissioning Committee to approve the nomination of elected Members and officers to be appointed as Directors by joint local authority owned companies.

(5)          That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be requested to establish and register joint local authority owned companies limited by shares comprising a principal Company to be wholly owned by the Councils in equal shares and a subsidiary trading company to be majority owned by the principal company with a minority interest owned by the Councils to enable the Revenues and Benefits Business Case and other future commercial opportunities to be achieved.

(6)          That the South Northamptonshire Council Cabinet and the Cherwell District Council Executive be recommended to give delegated authority to the Chief Finance Officer in consultation with members of the Joint Shareholder Committee to take all measures necessary to enable the establishment of jointly owned companies, where business cases have been agreed.

(7)          That officers be requested to prepare a detailed implementation plan including a draft business case, financial model, articles of association, shareholder agreement and communications plan for the creation of the companies to be considered by the Joint Commissioning Committee

The Chairman to advise whether they have agreed to any item or urgent business being admitted to the agenda.

There were no items of urgent business.

The following item of business contains exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

1             Information relating to any individual

2             Information which is likely to reveal the identity of an individual

3             Information relating to the financial or business affairs of any particular person (including the authority holding that information)

4             Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Members are reminded that whilst the following items have been marked as exempt, it is for the meeting to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation:

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1, 2, 3 and 4 of Schedule 12A of that Act.”

Resolved

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1, 2, 3 and 4 of Schedule 12A of that Act.

Exempt report of Head of Strategic Planning and the Economy and Head of Development Management

Resolved

(1)          That the Draft Business Cases for a Joint Planning Policy and Growth Strategy Team and for a Joint Design and Conservation Team be endorsed as the basis for consultation with staff and trade unions.

(2)          That it be noted that the financial case for each business case would not be completed until the job evaluation process had been completed but that costs were not expected to be higher than those included in the draft business case and may be lower.

The Head of Development Management and the Head of Strategic Planning and the Economy submitted an exempt report which presented the draft business cases for a Joint Planning Policy and Growth Strategy Team and a Joint Design and Conservation Team across Cherwell District and South Northamptonshire Councils.

Resolved

(1)          That the Draft Business Cases for a Joint Planning Policy and Growth Strategy Team and for a Joint Design and Conservation Team be endorsed as the basis for consultation with staff and trade unions.

(2)          That it be noted that the financial case for each business case would not be completed until the job evaluation process had been completed but that costs were not expected to be higher than those included in the draft business case and may be lower.