GovComm Agenda 2014-09-08

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Canterbury City Council Governance Commission Agenda 2014-09-08

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  • CANTERBURY CITY COUNCIL

    GOVERNANCE COMMISSION

    MEETING TO BE HELD ON MONDAY, 8 SEPTEMBER 2014

    AT 7.30 PM IN THE GUILDHALL, WESTGATE, CANTERBURY

    Distribution Independent Chairman: Chris Gay Councillors: Councillor Baker, Councillor S Cook, Councillor Cragg, Councillor Dixey,

    Councillor Doyle, Councillor Fitter, Councillor Gilbey, Councillor Howes, Councillor Perkins and Councillor Wratten

    Officers: Matthew Archer, Mark Ellender and Charlotte Hammersley

    A G E N D A

    Page (s)

    1 Apologies for absence

    2 Public speakers

    If any members of the public wish to speak at the meeting please contact Democratic Services on 01227 862 594 before the meeting.

    3 Terms of Reference

    2 4

    TO NOTE

    4 Outline Commission methodology

    5

    TO CONSIDER

    5 Committee structures operated by councils that have adopted the committee system since 2012

    6 - 20

    FOR INFORMATION

    6 Previous City Council committee structure and current Executive structure

    21 22

    FOR INFORMATION

    Document Pack

  • 1

    Developing a Committee System for Canterbury City Council

    Commission Draft Terms of Reference

    1. Purpose

    At its meeting on 24 July 2014, Full Council passed a resolution committing the city council

    to a committee system of governance for a period five years from the date of the

    resolution. The committee system of governance will be implemented at the Annual

    Council meeting in May 2015.

    The purpose of this Commission is to design a committee system for recommendation to

    Council that will deliver the business and democratic needs of the city council from the

    Annual Council meeting in May 2015.

    2. Chairmanship Chris Gay has been appointed the Independent Chair of the Commission.

    The objective will be for the Commission to make recommendations to Council on the

    new Committee System arrangements, but if necessary, final decisions regarding the

    recommendations will be taken by the Chair in order to demonstrate that the

    Commissions recommendations is as independent of political bias as possible. Majority

    or minority recommendations may also be made by Panel Members in addition to those

    made by the Chair, although there would be a presumption against that.

    Final decisions regarding other matters relating to the Commission including the

    methodology followed and the format and venue of meetings will be taken by the Chair,

    having consulted the other members of the Commission.

    3. Membership

    The Commission will comprise the independent Chair, and the members of the councils

    Political Management Member Panel (Councillors: Baker, Simon Cook, Cragg, Dixey, Doyle,

    Fitter, Gilbey, Howes, Perkins and Wratten).

    In a similar way to scrutiny review, maintaining the same membership throughout is

    important. Therefore to ensure consistency, once underway, substitutions may not be

    made at meetings of the Commission. Therefore if there are any potential issues on

    attendance for any Member, it would be prudent to make a substitution at the outset.

    4. Project Team

    The Commission will be supported by a project team comprising the Chief Executive,

    Monitoring Officer and Senior Strategy and Improvement Officer.

    Agenda Item 3 Page 2

  • 2

    5. Commission Tasks

    - To identify the number and names of individual committees and how will they relate

    to the other committees of the council.

    - To identify the broad roles, responsibilities of those committees.

    - To identify whether, and to what extent, each committee will have power to take

    decisions on matters within their area of responsibility.

    - To identify whether there will be an overview and scrutiny committee, and if not, how

    the councils limited statutory scrutiny duties will be met.

    - To identify whether there will be a mechanism for matters decided by a committee to

    be referred to the Full Council or any other committee for reconsideration.

    - To consider where there are perceived difficulties with public consultation and

    engagement, how, if at all, this can be addressed within the new committee system

    arrangements.

    - To consider the schemes of delegations both from council to committees and from

    committees to officers.

    - To consider how the committee system will demonstrate accountability of decisions

    taken.

    - To review the potential costs associated with the committee system arrangements.

    6. Output sought

    A report to Council which sets out the arrangements for a committee system which this

    Council can recommend to the next Council elected in May 2015. The next Council may

    then, depending upon the circumstances, adopt it or modify it, within the envelope of the

    adopted system of governance.

    7. Outcome sought

    A Committee system that delivers the business and democratic needs of the city council.

    8. Proposed Commission timetable

    Task Timetable

    Full Council Resolution to change to a Committee

    System of Governance

    24 July 2014

    Commission develop the Committee System

    arrangements

    August October

    Commission recommend proposals for new

    Committee System arrangements to Full Council.

    27 November 2014 (or earlier dates if it

    can be managed)

    Proposed new arrangements published From 27 November onwards

    Constitutional changes made by officers to reflect

    new arrangements

    December to February

    Constitutional changes submitted to Political February/March

    Page 3

  • 3

    Management Member Panel

    Annual Council meeting 2015 Implementation of new arrangements

    Page 4

  • Monday 8 September 2015

    Governance Commission: Outline methodology

    Now the decision to move to a Committee system has been taken, this Commission

    will need to develop a model for how it will operate and pass it to the new Council in

    2015. The Commissions mode of operation will broadly follow that of a scrutiny

    review with contributing witnesses, research and analysis and the production of a

    final report. The work of the Commission will need to be completed this calendar

    year in order to allow time for constitutional changes to be made and for the new

    model to be advertised in advance of the Annual Council meeting.

    In order to complete the tasks set out in the Terms of Reference for the review it is

    suggested that the Commission hold approximately five meetings as follows:

    Meeting Task

    1 - Note Terms of Reference

    - Desktop research of committee systems operated by other

    local authorities.

    - Previous Canterbury Committee System and current

    Executive system.

    2 Meeting with organisations, groups or individuals wishing to

    give a view to inform the development of the Committee

    System model. How the session will operate will be dependent

    on the number of people that indicate they would like to

    participate. Representatives from the Local Government

    Association or Centre for Public Scrutiny could also be invited to

    attend the session. Organisations and groups would be asked to

    send a representative to speak on their behalf. A press release

    inviting members of the public to contribute to the work of the

    Commission has been made.

    3/4 Develop the Committee model with consideration given to

    specific subject areas including financial controls, how the

    committees will interact, overview and scrutiny, schemes of

    delegation, the committee structure and any anticipated cost

    implications.

    5 Consideration of report for recommendation to Full Council.

    There above is not an exhaustive list of tasks and additional considerations may

    come up during the course of the Commission which will need to be incorporated as

    appropriate.

    Agenda Item 4Page 5

  • Page 1 of 15

    Governance models operated by local authorities that have adopted the Committee System since May 2012

    This paper provides a summary of local authorities that have adopted a committee system of governance. Based on the information provided

    by officers in other councils, it is apparent that most councils have a combination of policy/service area committees, regulatory committees

    and external partnership boards. Public engagement or area forums have been retained by some unitary councils but are not evident at a

    district level. The majority of councils have retained limited or no scrutiny functions with the exception of their statutory duties, whereas some

    councils have incorporated scrutiny work within the individual committees.

    District and County councils

    Council Type

    Main Committees

    (( ) = number of meetings per

    year)

    Overview and Scrutiny Committee Financial implications

    Cambridgeshire County

    Audit and Accounts (6)

    Children and Young People (11)

    Constitution and Ethics (6)

    Economy and Environment (11)

    General Purposes (12)

    Health (12)

    Highways and Community

    Infrastructure (11)

    Planning (10)

    No. Only the statutory scrutiny

    functions are exercised by individual

    committees:

    - Health scrutiny by the Health

    Committee

    - Crime and disorder by

    Cambridgeshire and Peterborough

    Police And Crime Panel

    - Flood risk management by the

    Economy and Environment

    Committee

    Newark and

    Sherwood District

    Audit and Accounts (5)

    Economic Development (5)

    General Purposes (4)

    Homes and Communities (5)

    Joint Economic Prosperity (3)

    Leisure and Environment (5)

    Licensing (4)

    Planning (12)

    Policy (7)

    The Council does not have dedicated

    Overview and Scrutiny Committees

    but applies overview and scrutiny

    principles in the work of the

    Economic Development, Leisure &

    Environment and Homes &

    Communities Committees.

    No additional cost other than

    officer time implementing the new

    system which has not been

    recorded. There was a slight

    reduction in terms of Members

    Special Responsibility Allowances.

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    Standards (2)

    Norfolk

    County

    Adult Social Care (8)

    Audit (4)

    Children's Services (8)

    Communities (8)

    Environment, Development and

    Transport (8)

    Economic Development Sub-

    Committee (7)

    Planning (9)

    Policy and Resources (9)

    Standards (2)

    No. Only the statutory scrutiny

    functions are exercised by individual

    committees:

    - Health scrutiny by the Health

    Overview and Scrutiny Committee

    - Crime and disorder by Police and

    Crime Panel

    - Flood risk management by the

    Environment, Transport and

    Development Committee

    No significant increase in cost.

    Member Allowances were changed

    to reflect the new structure.

    Nottinghamshire

    County Council County

    Adult Social Care and Health (11)

    Audit (5)

    Children and Young People (8)

    Community Safety (7)

    Culture (8)

    Economic Development (10)

    Environment and Sustainability

    (8)

    Finance and Property (11)

    Planning and Licensing (11)

    Policy (10)

    Public Health (8)

    Transport and Highways (11)

    The Policy Committee and each of

    the 'policy area' committees

    undertake scrutiny roles with regard

    to policy development and ensuring

    that new and existing council

    policies are implemented, operated

    and reviewed appropriately.

    There is a Joint City/County Health

    Scrutiny Committee and the Health

    Scrutiny Committee.

    Stroud District

    Audit and Standards (10)

    Community Services and

    Licensing (6)

    Development Control (13)

    Environment (5)

    Housing (5)

    Strategy and Resources (5)

    Housing Forum (5)

    Community Services and Licensing

    has a broad portfolio including

    health and well-being and crime and

    disorder scrutiny.

    Since the adoption of the

    committee system there has been a

    reduction in Democratic Services

    resources.

    Page 7

  • Page 3 of 15

    Unitary and London boroughs

    Council Type Main Committees Overview and Scrutiny Committee Financial implications

    Brighton and

    Hove Unitary

    Audit & Standards

    Children & Young People

    Economic Development & Culture

    Environment, Transport &

    Sustainability

    Housing

    Licensing

    Planning

    Policy & Resources

    1) Overview and Scrutiny, and

    2) The Health and Wellbeing

    Overview and Scrutiny

    An initial budget increase of 45k

    was set to implement the

    committee system with the

    intention that would be reduced as

    the system settled in. The change

    to a committee system has

    increased democratic services

    workload and budgetary pressures,

    officer workload (increased

    briefings and cross-party working in

    a minority administration) and

    public participation.

    Hartlepool Unitary

    Adult Services

    Audit and Governance

    Childrens Services

    Neighbourhood Services

    Regeneration Services

    Planning

    Finance and Policy

    Licensing

    The Audit and Governance

    Committee is responsible for

    conducting reviews that fall under

    the remit of its scrutiny

    responsibilities.

    Reading Unitary

    Adult Social Care, Childrens Services

    & Education

    Audit and Governance

    Health & Wellbeing Board

    Housing, Neighbourhoods & Leisure

    The overview and scrutiny

    functions are exercised by the

    individual committees.

    Initially there was concern that it

    would require more officer time

    generally to support the committee

    system but it hasnt in reality. The

    Councillors were keen to ensure

    Page 8

  • Page 4 of 15

    Licensing Applications

    Personnel

    Planning Applications

    Policy

    Standards

    Strategic Environment, Planning &

    Transport

    that there were no more meetings

    as a result of the change to the

    committee system and by and large

    this has been achieved.

    South

    Gloucestershire Unitary

    Adults and Housing

    Appointments & Employment Panel

    Audit and Accounts

    Children & Young People

    Communities

    Planning, Transportation and

    Strategic Environment

    Health & Wellbeing Board

    Licensing

    Regulatory

    Policy and Resources

    Standards Committee Membership

    Panel

    No. Only the statutory scrutiny

    functions are exercised by

    individual committees:

    - Health scrutiny by the Public

    Health and Health Scrutiny

    Committee

    - Crime and disorder by

    Communities Committee

    - Flood risk management by the

    Communities Committee.

    London

    Borough of

    Sutton

    London

    borough

    Adult Social Services and Health

    Appeals

    Children, Family and Education

    Environment and Neighbourhood

    Health and Wellbeing Board

    Housing, Economy and Business

    Pension

    Planning and Licensing

    Scrutiny and Audit

    Standards

    Strategy and Resources

    1) Scrutiny Committee, and

    2) Audit Committee

    The transition in this respect was

    relatively seamless. There was no

    added cost in the new structure. In

    fact there was a saving on member

    allowances due to a reduction in

    SRA payments

    London

    Borough of

    Barnet

    London

    borough

    Appeals

    Audit

    Constitution, Ethics & Probity

    Only a Health Overview and

    Scrutiny Committee along with

    statutory requirements.

    Page 9

  • Page 5 of 15

    General Functions

    Group Leaders

    Health Overview and Scrutiny

    Housing

    Licensing

    Pension Fun

    Planning

    Policy and Resources Committee

    Remuneration

    Kingston upon

    Thames

    London

    borough

    Audit Committee

    Health Overview

    Neighbourhood

    Standards

    Strategic

    Licensing Committee

    Scrutiny Panel

    Policy and Finance Committee

    1) Health Overview and Scrutiny

    Panel, and

    2) Joint Health Overview and

    Scrutiny Committee

    The Executive arrangements at RBK

    were never deeply embedded, for

    example Neighbourhood

    Committees continued to exercise

    considerable powers and few

    Scrutiny Committees were

    introduced. The Officer structure

    and Scheme of Member Allowances

    always reflected this and as a

    consequence the cost implications

    of the transition were broadly

    neutral.

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  • Full Council

    (50)

    City Council committee

    system structure 2001

    Highways

    Partnership

    Joint Board

    (12)

    Housing Appeals

    Sub

    (6)

    Community

    Services

    Committee

    (22)

    Housing and

    Community Sub

    (11)

    Leisure, Culture

    & Environment

    Sub (11)

    Licensing Sub

    (11)

    Executive Sub

    (11)

    Executive Sub

    (8)

    Executive Sub

    (8)

    Review Sub

    (8)

    Central

    Services Sub

    (8)

    Development

    Control Sub

    (19)

    Economic &

    Strategic

    Planning Sub

    (11)

    Property &

    Engineering

    Sub

    (8)

    Policy

    Committee

    (22)

    Development &

    Planning

    Committee

    (22)

    Working Groups

    (commissioned

    by each service

    committee)

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    Agenda3 Terms of Reference4 Outline Commission methodology5 Committee structures operated by councils that have adopted the committee system since 20126 Previous City Council committee structure and current Executive structure