Meeting documents

Policy and Resources Committee
Thursday, 17th April, 2008

Thursday, 17 April 2008
Ryedale House, Malton
 
Present

Councillors Wainwright (in the Chair), Acomb, Andrews, Arnold,Aslett, Mrs Burr, Cottam, Keal, Knaggs and Legard

By Invitation

Councillors Hemesley and Mrs Shields

Overview & Scrutiny Committee Observers: Councillors Jacksonand Raper

In Attendance

Ms J Baldwin, Mrs L Carter, P Cresswell, Mrs M Jackson, J Rudd,Miss L Sandall, Mrs C Slater, Miss J Waggott and AWinship 

Minutes

532. Minutes

The Minutes of an Ordinary Meeting of the Policy &Resources Committee held on 14 February 2008 and the Minutes of aSpecial Meeting of the Committee held on 5 March 2008 were submitted (previouslycirculated).
 
Resolved
 
That the minutes of an Ordinary Meeting ofthe Policy & Resources Committee held on 14 February 2008 andthe minutes of a Special Meeting of the Committee held on 5 March2008 be approved and signed by the Chairman as a correctrecord.
 
 
533. Urgent Business
 
The Chairman reported that there were no items to beconsidered at the meeting as a matter of urgency by virtue ofSection 100B(4)(b) of the Local Government Act 1972.
 
 
534. Declarations of Interest
 
There were no declarations of interest received.
 
 
535. Minutes of a Meeting of the Resources WorkingParty held on 5 March 2008
Appendix1. (PDF, 10k)
 
The minutes of a meeting of the Resources Working Party heldon 5 March 2008 were submitted (previously circulated).
 
Resolved
 
That the minutes of a meeting of theResources Working Party held on 5 March 2008 as submitted beendorsed.
 
 
536. Minutes of Meetings of the Malton DevelopmentStrategy Steering Group held on 25 March and 3 April2008
(Appendix2. PDF, 13k) and (Appendix3. PDF, 16k)
 
The minutes of meetings of the Malton Development StrategySteering Group held on 25 March and 3 April 2008 (previouslycirculated) were submitted.
 
The Steering Group Chairman, Councillor Hemesley, attended themeeting and reported for information on progress made to date andthe Steering Group’s future work programme.
 
Resolved
 
That the minutes of meetings of the MaltonDevelopment Strategy Steering Group held on 25 March and 3 April2008 as submitted be received.
 
 
537. Minutes of a meeting of the Constitution ReviewWorking Party held on 10 March 2008
Appendix 4*
 
The minutes of a meeting of the Constitution Review WorkingParty held on 10 March 2008 (previously circulated) weresubmitted.
 
The Chairman reported that a further meeting of the WorkingParty was to be arranged in order to consider the proposed changesto the Constitution together with a revised draft report for thePolicy & Resources Committee.
 
Resolved
 
That the minutes of a meeting of theConstitution Review Working Party held on 10 March 2008 assubmitted be received.
 
 
538. Forward Planning/Local Development Framework -Staffing and Resources
Appendix 5. (PDF, 37k)
 
The Forward Planning & Economic Development Managersubmitted a comprehensive report (previously circulated), which hadbeen prepared in response to Member requests and the findings ofthe recent Planning Advisory Service (PAS) Diagnostic of theCouncil’s forward planning activities. The report sought to agreethe use of additional resources to accelerate progress on the LocalDevelopment Framework (LDF) whilst supporting the Forward Planninginput to delivery of other Council priorities.
 
The February 2008 meeting of the Policy & ResourcesCommittee considered the conclusions and recommendations of the PASdiagnostic of the Council’s Forward Planning service. Alongsidethis, a proposal to increase resources for LDF production wasaccepted. This combined £40k of Planning Delivery Grant (asallocated at the December 2007 Policy & Resources meeting) with£50K appropriated from the budget surplus from 07/08 and a further£16K in base budget, to give a further £106K to resource the LDF.In light of anticipated difficulties in sourcing new staff andexperiences elsewhere, it was agreed to use this funding tocommission consultants to carry out specific tasks required as partof the production of Development Plan Documents (DPDs). Memberswere advised that the use of consultants to produce entire DPDs waslikely to cost up to £400K per DPD, and was therefore outsideavailable funds.
 
Further to the February 2008 Committee agreeing therecommended approach, Officers were also requested to investigatethe feasibility and costs involved with further accelerating theLDF process. The proposed approach to achieving increased progresswas detailed in the report.
 
The report examined measures to accelerate production of theLDF and improve performance on Forward Planning matters related toCouncil priorities. Discussions with potential consultancy partnershad revealed that the optimum approach to rapid progression on theLDF, whilst maintaining the benefits of knowledge and awareness ofCouncil Officers, was through a team-based approach, combining astrengthened local authority team working with a well-resourcedconsultancy partner. This broad team enabled major areas of work tobe run alongside each other, and for Officers to respond quickly tothe outputs of the consultancy partner. This approach also enabledOfficers to maintain input to other local authority priorities inaddition to the LDF, and was more possible due to a better thananticipated response to a recent advert for a Forward Planningpost.
 
The measures proposed to achieve the above approach togetherwith the financial implications were detailed in the report.
 
Resolved
 
That the report of the Forward Planning& Economic Development Manager be accepted and that themeasures outlined therein, in addition to the measures agreed inMinute No. 442 of the February 2008 meeting of the Committee, toaccelerate progress on the Local Development Framework whilstsupporting the Forward Planning input into delivery of otherCouncil priorities be supported, namely:
 
(a) That the creation of new two new postsof Forward Planning Officer and Assistant Forward Planning Officerbe approved
 
(b) That the allocation of an additional£45,000 for consultancy support be approved.
 
 
539. Redeployment and Redundancy Policy
Appendix 6*
 
The Human Resources Manager submitted a report (previouslycirculated), which sought approval of a new Redeployment andRedundancy Policy. The new Policy, to conform to the 2006Discretionary Compensation Regulations, had been fully consultedupon and agreed with UNISON.
 
The 2000 Discretionary Compensation Regulations had beenreplaced by the 2006 Discretionary Compensation Regulations,which:
  • Remove the discretionary facility to award compensatory addedyears to employees aged 50+
  • Retain the discretionary provision (Regulation 5) to calculateredundancy payments on actual weeks’ pay (rather than applying thestatutory limit)
  • Retain the discretionary provision (Regulation 6) to make alump sum compensation payment with an increased limit of up to 104weeks (inclusive of any statutory and discretionary redundancypayment). The previous Regulations restricted discretionary lumpsum compensation payments to a maximum of 66 weeks’ pay.
It was recommended that the Council exercise its discretionunder Regulations 5 and 6 to calculate redundancy payments usingactual weekly pay and exercises its discretion to award lump sumcompensation by applying a multiplier of 1.5 to each completed yearof service up to a maximum of 30 years’ service (equivalent to amaximum of 45 weeks).
 
The Council’s new Redeployment and Redundancy Policy andProcedural Guidance complied with the relevant legislativerequirements; a copy of the revised Policy was appended to thereport.
 
The report recommended:
 
(a) That the revised Redeployment andRedundancy Policy and Procedure Guidance as detailed in Annex A ofthe report be approved
 
(b) That the Chief Executive, inconsultation with the Chairman of the Policy & ResourcesCommittee, be given delegated authority to:
 
(i) terminate an employee’s services onthe grounds of voluntary or compulsory redundancy;
 
(ii) to agree the severance terms inaccordance with the provisions of the Redeployment and RedundancyPolicy and Procedure Guidance, as detailed in Annex A of thereport, where this does not affect the budget framework orreserves.
 
It was moved by Councillor Mrs Burr and seconded by CouncillorCottam that the recommendations be approved.
 
An amendment was moved by Councillor Andrews and seconded byCouncillor Aslett that part (b) of the recommendation be amended bythe deletion of ‘the Chairman of the Policy & ResourcesCommittee’ and the substitution of ‘Group Leaders’.
 
Upon being put to the vote the amendment was lost. Upon beingput to the vote as the substantive motion, the recommendations asstated above were approved.
 
Resolved
 
(a) That the revised Redeployment andRedundancy Policy and Procedure Guidance as detailed in Annex A ofthe report be approved
 
(b) That the Chief Executive, inconsultation with the Chairman of the Policy & ResourcesCommittee, be given delegated authority to:
 
(i) terminate an employee’s services onthe grounds of voluntary or compulsory redundancy;
 
(ii) to agree the severance terms inaccordance with the provisions of the Redeployment and RedundancyPolicy and Procedure Guidance, as detailed in Annex A of thereport, where this does not affect the budget framework orreserves.
 
NB Councillor Aslett recorded his vote against the abovedecision.
 
 
540. North Yorkshire Local AreaAgreement
Appendix7. (PDF, 124k)
 
The Corporate Policy Manager submitted a report (previouslycirculated), which outlined the process for the approval of theNorth Yorkshire Local Area Agreement 2 and the requirements placedon District Councils in Two Tier Areas.
 
Members were reminded that in 2007 the Government hadannounced that all Local Area Agreements (LAA) would be aligned interms of scale and principle. This meant that the North YorkshireLAA, which was signed off in 2007 and covered the period April 2007to March 2010, would cease in March 2008 and be replaced by a newnationally agreed LAA for North Yorkshire commencing on 1 April2008 and ending on 31 March 2011 (LAA2).
 
LAA2 comprised 16 statutory indicators as determined by theDepartment of Children, Schools and Families, 32 indicators drawnfrom the National Indicator Set and 25 locally identifiedindicators.
 
In North Yorkshire a process of analysis and identification ofindicators took place in December 2007 and January 2008. ThematicPartnerships agreed the first draft of LAA2, which was submitted toGovernment Office on 14 January 2008. Version 9 of the Agreementwas submitted to GOYH on 5 March 2008. The report outlined thetimetable for approval of the LAA2.
 
The Council was represented on the North Yorkshire StrategicPartnership Executive by the Chief Executive, and on the NorthYorkshire Strategic Partnership Council by the Leader of theCouncil. The Chief Executive and the Leader of the Council attendedthe Association of North Yorkshire Councils meetings.
 
The report included an Indicator Table at Annex A, togetherwith Annex B, which illustrated the indicators for which theCouncil was identified as a lead partner. It also included theindicators for which Safer Ryedale would be one of the leadpartners. Annex B also included a column, which identified the datasource for the target data for Ryedale and also the Council’sdelivery lead officer. It was pointed out that the Council hadalready approved and made provision for the delivery of all theindicators.
 
The Council had a duty to co-operate in the development anddelivery of the Local Area Agreement. In order to fulfil this dutythe Council needed to be able to commit to the role of lead partnerfor a number of the indicators and targets included in the LAA2. Asthe LAA2 was subject to a complex process of negotiation and wouldremain a draft until final agreement and sign off by the Secretaryof State for Communities and Local Government, it was suggestedthat the most expedient way to fulfil this duty was to delegateauthority to the Chief Executive, in consultation with the Leaderof the Council, to approve the content of the LAA2 as it related toRyedale District Council. Following final agreement of the LAA inJune 2008 it was suggested that the LAA2 be presented to thisCommittee for approval.
 
Resolved
 
(a) That the Chief Executive, inconsultation with the Leader of the Council, be authorised toapprove the content of the North Yorkshire Local Area Agreement 2as it relates to Ryedale District Council
 
(b) That following the final agreement ofthe North Yorkshire Local Area Agreement 2 in June 2008, it bepresented to the Policy & Resources Committee forapproval.
 
 
541. Annual Audit and Inspection Report
Appendix 8. (PDF, 150k)
 
The Chief Executive submitted for information (previouslycirculated) the Annual Audit and Inspection Letter for 2006/07. TheChief Executive reported that the Overview & ScrutinyCommittee, in its role as Audit Committee, was to review the reportand an action plan was to be drawn up.
 
Resolved
 
That the report be noted.
 
 
542. Scrutiny Review of the ComplaintsSystem
Appendix 9. (PDF, 17k)
 
The Performance Manager submitted a report (previouslycirculated), which sought approval of the recommendations arisingfrom the Scrutiny Review of the Complaints Procedure.
 
The Chairman of the Overview & Scrutiny Committee attendedthe meeting and presented the Scrutiny Review Report.
 
Members were reminded that in July 2007 the Overview &Scrutiny Committee had agreed to examine and review the complaintssystem, all relevant information available to the public andservice users and the method of reporting formal complaints toMembers and to others.
 
A new two-tier complaints system was recommended with a newComments, Compliments and Complaints Form and a revised complaintsprocedure providing more information to any complainant. A guidefor staff had also been produced. A new format for the reporting offormal complaints to Members and to the wider public had beendeveloped in order to provide more information whilst maintainingconfidentiality. The main purpose of the reporting change was toidentify and encourage opportunities for learning across theCouncil as a whole.
 
A full copy of the review was appended to the report.
 
Resolved
 
That the recommendations detailed in theScrutiny Review of the Complaints System be endorsed.
 
 
543. Ryedale Voluntary and Community SectorSupport
 
The Corporate Director reported that Ryedale VoluntaryAction’s Chief Officer had attended the meeting of the CommunityServices & Licensing Committee held on 10 April 2008, and hadgiven a presentation on the above subject.
 
The Community Services & Licensing Committee had resolved“That the Policy & Resources Committee be recommended toauthorise Officers to prepare a Business case in relation to thepotential for closer working with the voluntary and communitysector for the delivery of Council services”.
 
 
Resolved
 
That the recommendation of the CommunityServices & Licensing Committee be endorsed and that Officers beauthorised to prepare a Business Case in relation to the potentialfor closer working with the voluntary and community sector for thedelivery of Council services.
 
 
544. Exempt Information
 
It was recommended that under Section 100(A)(4) of the LocalGovernment Act 1972 the public be excluded from the meeting for thefollowing two items as there will be a likely disclosure of exemptinformation as defined in Paragraphs 1, 2, 3 and 4 of Schedule 12Aof the Act as the information relates to any individual (paragraph1), information which is likely to reveal the identity of anindividual (paragraph 2), information which relates to thefinancial or business affairs of any particular person (includingthe authority holding that information) (paragraph 3) andinformation relating to any consultations or negotiations, orcontemplated consultations or negotiations, in connection with anylabour relations matter arising between the authority or a Ministerof the Crown and employees of, or office holders under, theauthority (paragraph 4).
 
It was moved by Councillor Wainwright and seconded byCouncillor Legard that:
 
(i) Subject to the deletion of theparagraphs and annexes specified in paragraph (ii) below, that thereport “A Framework for Change and Improvement - Management Review”be not treated as an exempt report, that the edited version becirculated and that the report be considered in public.
 
(ii) The following paragraphs and annexesbe deleted from the report because they contain exemptinformation:-
 
(a) Paragraph 8.2
(b) Paragraph 8.3
(c) Paragraph 9
(d) Annexes 3 and 4
 
Resolved
 
(a) That subject to the deletion of theparagraphs and annexes specified in paragraph (ii) below, that thereport “A Framework for Change and Improvement - Management Review”be not treated as an exempt report, that the edited version becirculated and that the report be considered in public.
 
 
(b) That the following paragraphs andannexes be deleted from the report because they contain exemptinformation:-
 
(a) Paragraph 8.2
(b) Paragraph 8.3
(c) Paragraph 9
(d) Annexes 3 and 4
 
 
545. A Framework for Change and Improvement -Management Review
 
The Chief Executive submitted a report in connection with AFramework for Change and Improvement - Management Review. Inaccordance with the resolution set out in Minute No. 544 above, thereport was considered in open Committee, accordingly an editedversion of the report was made available for members of the pressand public.
 
The report presented the Chief Executive’s proposals for therestructuring of the Council’s management team. This was the secondphase of the management review, the Corporate Management Team hadbeen restructured and appointments made in accordance with previousMember decisions.
 
The report sought Member approval and agreement to theprinciples of the Management Review (Framework for Change) and thenecessary structural alterations required within the managementteam to achieve these improvements.
 
The Chief Executive reported that there were two key messages,which were: the need to transform “the way we do things”; and theneed to transform the organisational culture to invest inimprovements: the ‘Ryedale’s Worth It’ campaign. The report builton the information shared at the Member Briefing held on 2 April2008.
 
In the role of Chief Executive and the Council’s Head of PaidService, the Chief Executive was empowered by law to bring forward,at such time as appropriate, a report on the organisation of theAuthority staff [Local Government and Housing Act 1989].
 
Members were requested to focus on the policy change and agreeto the creation and remuneration of new positions of Heads ofServices.
 
The report considered the management team changes considerednecessary to create an improved “One Council” for Ryedale. The aimof the management review was to achieve an efficient, policy led,financially disciplined and customer focused organisation equippedto deliver an organisation for the future and incorporate enhancedtwo tier working.
 
In order to achieve this, changes were necessary in theManagement Team to ensure the appropriate skills, experience,capability and competencies were in place to reach the Council’sgoals and targets, deliver the corporate priorities and improveperformance.
 
The staff directly affected by the review were the ServiceUnit Managers who had been consulted over a period of months andhad agreed the need for change. The views of Service Unit Managersand UNSION had been taken into account and considered within theproposals.
 
The report outlined the framework for change designed toensure that the Council gained the maximum benefit from the skills,talents and expertise of its senior staff while focusing additionalmanagement resource into priority areas, including the need forcultural change. The report had been prepared following anextensive consultation process with Service Unit Managers, UNISONand elected Members. The Council valued its staff and sought toensure that they had an effective management structure to guide andsupport them in their valuable work in delivering services toresidents, businesses and tourists.
 
Members expressed concern regarding the contents of a recentpress article in which it was alleged that the management reviewwould result in compulsory redundancies and that the cost of changewould be borne by Ryedale’s council taxpayers. These suggestionswere strongly refuted and it was confirmed that there would be nocompulsory redundancies and the review would be cost neutral. Itwas accepted that there would be a one-off cost of change and itwas recommended that this be met from revenue reserves. TheCorporate Director (S151) emphasised that there would be no impacton Council Tax. The Chief Executive reported that there was apotential one-off cost of change, which could not be determined atthe present time. The Chairman proposed that in the circumstancespart (h) of the recommendations be amended by the addition of “upto a maximum of £300,000”.
 
Members considered the report in detail and whilst somereservation was expressed the consensus of opinion was to supportthe principles as outlined.
 
Resolved
 
(a) That the new senior managementstructure as outlined in Annex 1 of the report be approved, to comeinto effect on a date to be determined by the Chief Executive
 
(b) That delegate authority be granted tothe Chief Executive to make the appropriate associated amendmentsto the Council’s Constitution in respect of changes to job titles,names of units etc
 
(c) That for the purpose of implementingthe senior management review as outlined in the report, the ChiefExecutive in consultation with the Chairman of the Policy &Resources Committee be given delegated authority
 
(i) to terminate an employee’s services onthe grounds of voluntary or compulsory redundancy
 
(ii) to agree the severance terms inaccordance with the provisions of the Re-deployment and RedundancyPolicy
 
(d) That the creation and implementationof the posts of Heads of Service be approved
 
(e) That the new salary scales of Grade 11and Grade 12 be approved
 
(f) That in the first instance the postsof Heads of Service be internally ring-fenced to the existingService Unit Managers
 
(g) That the timetable for implementationas outlined in the report be approved
 
(h) That the provision and use of revenuereserves for one-off costs relating to the management review andframework for change up to a maximum of £300,000 be approved
 
 
546. Exempt Information
 
Resolved
 
That under Section 100(A)(4) of the LocalGovernment Act 1972 the public be excluded from the meeting for thefollowing item as there will be a likely disclosure of exemptinformation as defined in Paragraphs 1 of Schedule 12A of the Actas the information relates to any individual (paragraph 1).
 
 
547. Application for Early Retirement
 
The Chief Executive submitted a report (previouslycirculated), which sought approval of an application for earlyretirement. The report outlined the background to the request andthe options for the Committee’s consideration.
 
Resolved
 
That the application for early retirementfrom the Electoral Services & Local Land Charges Manager begranted with immediate effect in the interests of the efficiency ofthe service.
 
 
 
*I regret to inform you that this item in unavailale on theInternet.  If you require a copy please contact the MemberServices section.
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