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1 Public Document Pack Dorset Area Joint Committee Agenda Time: 2.00 pm Date: 21 February 2018 Venue: Committee Room 1, Colliton Park, Dorchester, Dorset, DT1 1XJ Rebecca Knox (Chairman) Anthony Alford (Vice-Chairman) Shane Bartlett Andy Canning Jeff Cant Graham Carr-Jones Spencer Flower Matt Hall Jill Haynes Colin Huckle Sherry Jespersen Bill Pipe Byron Quayle Barry Quinn Gary Suttle Simon Tong Dorset County Council West Dorset District Council Dorset County Council Dorset County Council Weymouth and Portland Borough Council North Dorset District Council East Dorset District Council West Dorset District Council Dorset County Council Weymouth and Portland Borough Council North Dorset District Council Dorset County Council Dorset County Council Purbeck District Council Purbeck District Council East Dorset District Council Chief Executives: Steve Mackenzie, David McIntosh, Matt Prosser and Debbie Ward Contact: Programme Office, Colliton Park, Dorchester, DT1 1XJ Date of Publication: Tuesday, 13 February 2018 The reports with this agenda are available at We can provide this agenda and the reports as audio tape, CD, large print, Braille, or alternative languages on request. Public Participation Guidance on public participation at the Dorset Area Joint Committee is available on request from Members of the public can ask questions and make statements at the meeting. The closing date for questions is 10.00am on 16 February 2018, and statements by midday the day before the meeting.

2 Note for Members of the Dorset Area Joint Committee A workshop will be held for Joint Committee members only immediately before the meeting from 12:30pm until 1:30pm. A working lunch will be provided from 12:00 midday. 1. Apologies for Absence To receive any apologies for absence. 2. Code of Conduct Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests. 3. Minutes 3-10 To confirm and sign the minutes of the meeting held on 18 January Public Participation To receive any public questions or statements on the business of the Joint Committee. 5. Programme Highlight Report To receive a presentation from the Programme on the progress of the Dorset Area Local Government Reorganisation Programme, which will include the budget position, update on Task and Finish Group activity, and the disaggregation of services. 6. Shadow Authority Arrangements To consider a report by the Dorset Councils Monitoring Officers. 7. Work Programme To consider the work programme for the Joint Committee. 8. Process to appoint interim and permanent statutory officers to Dorset Council To consider a report by the Dorset Councils Monitoring Officers

3 Agenda 3 Dorset Area Joint Committee Minutes of the meeting held at South Walks House, South Walks Road, Dorchester DT1 1UZ on Thursday, 18 January 2018 Present: Rebecca Knox (Chairman) Anthony Alford, Cherry Brooks, Jeff Cant, Graham Carr-Jones, Spencer Flower, Matt Hall, David Harris, Jill Haynes, Colin Huckle, Sherry Jespersen, Bill Pipe, Byron Quayle, Barry Quinn, Simon Tong and Daryl Turner Officer Attending: Stuart Caundle (Monitoring Officer - West Dorset District, Weymouth & Portland Borough and North Dorset District Council), Keith Cheesman (Programme Local Government Reorganisation (Dorset Area)), Steve Mackenzie (Chief Executive - Purbeck District Council), Jonathan Mair (Head of Organisational Development - Monitoring Officer - Dorset County Council), David McIntosh (Chief Executive - East Dorset District and Christchurch Borough Council), Matt Prosser (Chief Executive - West Dorset District, Weymouth & Portland Borough and North Dorset District Council), Debbie Ward (Chief Executive - Dorset County Council) and Lee Gallagher (Democratic Services Manager - Dorset County Council). Apologies for Absence 1 Apologies for absence were received from Cllr Andy Canning (Dorset County Council), Cllr Bill Pipe (Dorset County Council) and Cllr Gary Suttle (Purbeck District Council). Cllr David Harris attended for Cllr Canning, Cllr Daryl Turner attended for Cllr Pipe and Cllr Cherry Brooks attended in place of Cllr Suttle. (Note: Cllr Quinn clarified that he would represent Cllr Suttle as Deputy er of Purbeck District Council.) Code of Conduct 2 There were no declarations by members of disclosable pecuniary interests under the Code of Conduct. Minutes 3 The minutes of the meeting held on 13 December 2017 were confirmed and signed. Matter Arising Minute 35 - Programme Update including formation of Task & Finish Groups Cllr Barry Quinn provided clarity in relation to comments about the Strategic Planning Forum (SPF). He confirmed that the issue he raised was not due to attendance at meetings being low; the issue was that there had been experience of not all constituent councils sending a representative which would make meetings inquorate even though substitute arrangements were in place and had to be used to ensure attendance. Public Participation 4 Public Speaking There were no public questions received at the meeting in accordance with Standing Order 21(1). There was one public statement received at the meeting in accordance with Standing Order 21(2) from the Dorset Association of Town and Parish Councils in relation to communications regarding Joint Committee meetings and other associated information to organisations and interested parties. The statement is attached as an annexure to these minutes. Page 3

4 The Chairman indicated that an approach to communications with interested parties and regular attendees of Joint Committee meetings, including automatic updates would be investigated to use a simple digital solution with an opt-in facility. Petitions There were no petitions received at the meeting in accordance with the County Council s Petition Scheme. Local Government Reorganisation - Update 5 The Chief Executive Sponsor of the Central Programme Team provided a verbal update on the current status of the Future Dorset proposal. Work continued between the Central Team and the Ministry of Housing, Communities and Local Government (MHCLG) following the deadline for representations to be made on the Secretary of State s minded to decision to form two unitary authorities for Dorset. All councils made representations as part of the process which had been acknowledged by the MHCLG. There had been an opportunity for local representations to make suggestions for modifications, but none had been submitted. The decision would therefore be either to continue with the formation of two councils as proposed in the Future Dorset submission or not to proceed. It was hoped that a decision would be known before the next Parliamentary recess from 8 February In addition, it was reported that the Chief Executive Sponsor of the Central Programme Team had also met with Oliver Letwin MP, Connor Burns MP, Simon Hoare MP and Richard Drax MP to provide an update on the progress to date, and had also had a conversation with Lord Porter, Chairman of the Local Government Association, who met with the Secretary of State on a weekly basis. The Chairman also indicated that she had written to the Chairman of the County Councils Network (who also attends the same meeting), and to Brandon Lewis MP as a positive voice for local government in a former role within the Department for Communities and Local Government. Noted Structural Change Order 6 The Joint Committee considered a report by Dorset Area Monitoring Officers on the Structural Change Order (SCO) which, alongside an Election Changes Order, would be used to implement two new multi-purpose councils to replace the existing nine councils across Dorset. Preferences to be included in the SCO needed to be considered and submitted to the Secretary of State by a 25 January Cllr Anthony Alford, as the appointed lead member in respect of the Structural Change Order, presented the report and summarised the key considerations for the Joint Committee. He highlighted the degree of urgency for decisions to be made, which had been presented in as complete and objective a format as possible. However, due to the high-level nature of the report further information on particular areas could be provided on request. The Joint Committee discussed each key consideration as follows: Name of the new council for the Dorset area All members were supportive of the new council being named Dorset Council. Legal mechanism to transition to a new council Strong support was expressed by all members for the formation of a new and exciting council, and to create a legacy for the future in Dorset. Page 4

5 A number of views were expressed to support the formation of a council created as a district council with county council powers, and as such would provide the opportunity for a brand-new council with a shadow authority and executive to be used for the implementation instead of a continuing authority arrangement. Concerns were expressed in relation to the scale of Transfer of Undertakings Protection of Employment Regulations (TUPE) of staff and associated risk, and residual risks, if the council was formed as a district with county powers. In addition, a question was asked regarding the potential review of contracts for staff and restructuring which could have a negative impact on service delivery, and the possible need for additional staffing to manage a review, particularly in respect of safety and services for vulnerable children and adults. Clarification was provided that the TUPE arrangements would provide for the transfer and protection of rights for staff from one authority to the new council, and that this would not include a review of all contracts prior to the start of the new council. Recognition was given to the significance of communications and engagement throughout the transition period to the new council both internally with staff and externally to the public, partners and other organisations. Clarity was sought about the need for an Equalities Impact Assessment (EqIA) of the matters within the report. It was confirmed that there was already a high-level EqIA in place for Local Government Reorganisation and the formation of a new council would impact upon all staff in the same way irrespective of protected characteristics. There was therefore no requirement for an additional EqIA to be completed in respect of the SCO decisions. Questions were asked regarding the original position of the Future Dorset submission and anticipated transition arrangements, and whether the headline strategy needed to be realigned in respect of finance and resources needed for transition to a new council and beyond There was also the need to ensure legal compliance of statutory duties and contracts. It was suggested that a critical path of compliance was needed. The need for reassurance and a plan around the finance and resources for transition under a shadow authority was acknowledged and focussed work would address these areas as well as other significant areas which included risk management and mitigations, engagement with staff and unions for the arrangements. A further comment was received to encourage preparation for the novation of contracts to the new council. From this point forward all members wished to refer only to the new organisation and not a model built on previous district or county organisation. Size and composition of the transition body A clear preference was given for the chairman of the shadow executive to be elected by the executive itself. A number of competing views were expressed, and it was explained that the shadow authority would be responsible for electing the Chairman of the authority, which would comprise all 176 councillors of all councils. However, the election of the chairman of the executive would be more practical to be elected from within the membership of the executive itself. It was also decided that the composition of the shadow executive would follow the same rationale as the current joint committee. Page 5

6 Identification of an officer to lead the officer implementation team There was strong support for the shadow executive should have the flexibility to appoint the lead officer of the officer implementation team. Electoral cycle to be followed by the new council A choice of electoral cycles were considered, based on the first election of the new council taking place in A number of members supported the County electoral cycle which would enable the council to have consecutive 5 year terms of office for members and then to have 4 year terms of office from This would enable the new council to settle and provide stability. It was further explained that there were wider advantages of using the county cycle as part of the regional network of councils and neighbouring authorities, which would enable opportunities for the new council. The importance of alignment of town and parish councils with the future electoral cycle was a priority. The electoral cycles of town and parish councils could be brought in line with either arrangement for the new council, which was considered to be a necessity due to its positive impacts on democratic representation and cost. Cllr John Parker, Chairman of the Dorset Association of Town and parish Councils, expressed support for the alignment of electoral cycles and reported that the possible devolvement of powers to towns and parishes had started to reinvigorate community interest. He felt that the Association would welcome the synchronisation of the electoral cycle. The value of consultation at an earlier stage was noted, but this was not possible due to the pace and need to complete the SCO. At the end of the discussion it was clarified that the submission to the MHCLG would be compiled and would be signed by the Chairman on behalf of the Joint Committee, after consultation with leaders of the Dorset area councils. In addition it was recognised that there would be the need for consideration of a number of key areas in the coming months by the Joint Committee, referenced at minute 10. Resolved 1. That the name of the new council for the Dorset area should be Dorset Council. 2. That the new council should be created as a new legal body with a shadow authority and shadow executive managing the transition. 3. That the new council be established as a district with county powers. 4. That the five district councils should each be entitled to two places and the county council six places on the transition body (shadow executive), a total of sixteen places with members being appointed in accordance with the principles of political proportionality. 5. That the chairman of the transition body (shadow executive) should be elected by the transition body. 6. That there should be flexibility for the officer implementation team to be led by an officer to be appointed at the discretion of the transition body. 7. That the new council should hold all out elections based upon the county electoral cycle. 8. That the new council should serve for two 5 year terms, before harmonising with the county electoral cycle. 9. That the electoral cycle for all town and parish elections within the Dorset area is changed to be in harmony with 5.2 above. Disaggregation 7 The Joint Committee received a report on the service and financial analysis and a series of service reviews in relation to disaggregation of County Council services for the Christchurch area. Page 6

7 Following completion of detailed planning and preparation for the service and financial analysis and the start of service reviews, the Task and Finish Group on Disaggregation (jointly with Bournemouth, Christchurch and Poole representatives) was due to hold its first meeting on 6 February The meeting would consider the first service areas in the disaggregation process, which would be reported back to the Joint Committee for formal sign off. Noted Programme Management Budget 8 Further to previous approvals regarding the Programme Management Budget in November and December 2017, the Joint Committee was updated on the appointment of the Programme Team, budget activity and considered the further appointment of a third Workstream Coordinator rather than two due to the large number of workstreams and Task and Finish Groups and the need to make progress quickly to meet the deadline of 1 April 2019 to form the new unitary council. It was clarified that authority to make appointments was already delegated to the Programme Board. Resolved That the appointment of a third Workstream Coordinator, provided there are suitable candidates, be supported. Progress against programme including relevant workstream reports 9 The following workstream and task and finish group were reported: Progress of Task and Finish Groups 9a The Joint Committee noted updates on the progress of Task and Finish Groups. Although the first meeting of the Task and Finish Group on Community Partners Engagement had been arranged for Monday 12 February 2018 at 2.30pm, it was agreed that there was a need to join the Group with the Task and Finish Group on Area Based Decision Making as the workstreams were closely aligned. A new date would be found for the membership of both groups to meet and discuss the scope of joining together and the work of the Group moving forward. However, priority was to be given to the community communications and engagement plan. There was also a clash of dates with the initial meeting date of 12 February, to which it was acknowledged that there were going to inevitably be clashes of dates with the large number of meetings needed and that members needed to be prepared for clashes of meetings and to be flexible. In relation to membership of Task and Finish Groups, it was noted that there were some outstanding appointments to be finalised, including some lead officers, and the list of members would be circulated to leaders and chief executives outside the meeting to finalise the Groups. However, it was appreciated that the memberships and arrangements for groups was flexible and could change as needed. The progress of the Boundary Review Task and Finish Group was discussed at minute 47(b). Resolved 1. That the Groups covering Community Partners Engagement and Area Based Decision Making meet to jointly scope the role and future of the Group. 2. That the membership of Groups be circulated outside of the meeting to be finalised by leaders and chief executives. 3. That the list of memberships on Groups be circulated to all members for information when finalised. Page 7

8 Task and Finish Group on Boundary Review - Recommendation 9b The Boundary Review for the Dorset Area, as a key part of work to establish electoral boundaries for a new council from 1 April 2019, had been led by the Task and Finish Group to develop an initial evidence stage submission to DCLG by 31 January Cllr Spencer Flower, as the Chairman of the Group, introduced the report and explained that the submission would provide council size and electorate forecast information to 2023 which would inform a fall-back position to be included in the Structural Change Order, and provide the basis for the next stage of the Boundary Review which would include electoral ward mapping. He also presented a further recommendation from the Group which was agreed at its meeting on 17 January to propose delegated authority for the Chairman to make final amendments and to make the submission on behalf of the Joint Committee after consultation with leaders of all Dorset area councils. The next phase of the Boundary Review would include engagement with all councillors across all Dorset area councils to build on the evidence and data in order to arrive at a final ward mapping submission. This would include the ability to make changes across previous district and borough administrative boundaries and would provide more flexibility than in previous boundary reviews. Resolved That the minutes of the Task and Finish Group be noted, and the following recommendations be approved: 3 January Local Government Reorganisation Boundary Review - Initial Evidence Stage Submission 1. That a council size of 82 members be recommended to the Dorset Area Joint Committee for approval as part of a submission to the DCLG by 31 January 2018, subject to any further clarification of detail arising from the next meeting being held on 17 January 2018; 2. That this council size be used in the Structural Change Order as the fall-back electoral arrangements; and, 3. That electoral areas should be referred to as Electoral Wards. 17January Local Government Reorganisation Boundary Review Updated Initial Evidence Stage Submission That the Dorset Area Joint Committee be recommended to delegate authority to the Chairman of the Task and Finish Group, after consultation with leaders of all Dorset area councils, to approve the final wording of the submission on behalf of the Joint Committee, based on the information and context to date, and further updated 2023 electoral forecasts. Work Programme and Forward Plan 10 The Joint Committee considered its Work Programme and Forward Plan and added the following items for future meetings throughout the meeting: Governance of the Shadow Authority and Shadow Executive (Minute 44) Shadow Authority Transition Risk Management (Minute 44) Shadow Authority Transition Staffing (Minute 44) Shadow Authority Transition Legal Compliance, Statutory Duties and Contracts (Minute 44) Shadow Authority Transition Communications and Engagement (Minute 44) Shadow Authority Transition Finance and Resources (Minute 44) In relation the Appointment of Chief Executive item scheduled for 21 February 2018, it was agreed to invite LGA officers to the meeting to talk through the timeline for taking the appointment process forward for the shadow executive. Page 8

9 It was also agreed that the work programme should be developed to include all Task and Finish Groups work programmes. Scrutiny of Local Government Reorganisation was raised, to which it was clarified that as part of the current Joint Committee arrangements each of the Dorset area councils was able to undertake scrutiny of the Joint Committee. For the Shadow Authority, although the normal statutory rules regarding scrutiny did not apply, provision would be made for a Joint Scrutiny Committee. Slight caution was also raised in relation to the need to make decisions at pace in accordance with the needs of the legislative process, and that scrutiny of the Joint Committee could not slow the processes as this was a risk to successful implementation of the new authority. Resolved 1. That the Work Programme and Forward Plan be updated. 2. That the Work Programme should be developed to include all Task and Finish Groups work programmes. Meeting Duration: am pm Page 9

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11 Agenda 6 Dorset Area Joint Committee Date of Meeting 21 February 2018 Subject of Report Shadow Authority Arrangements Executive Summary At its meeting on 18 January the Joint Committee considered a report setting out options open to the Secretary of State when making a structural change order to provide for the transition from the existing county and district councils to a single Dorset Council. One of the decisions made by the Joint Committee was to express its preference for the transition to a new council to be overseen by a shadow authority and a shadow executive. Monitoring officers have been asked in this paper to set out how the shadow authority (with shadow executive) model will operate. This report also seeks members approval of the steps that now need to be undertaken in preparation for the first meeting of the shadow authority. Budget and risk implications There are budget and risk implications associated with the transition to a new council. Understanding and planning well for the first meeting of the shadow authority is an important step in the transition to a new council. The direct budget implications arising from organising shadow authority meetings are not thought to be material in terms of the overall cost of transitioning to a new council. Recommendations That the Joint Committee: 1. Approve the proposed Shadow Council meeting arrangements set out in section 3.1 and 3.2 of this report. 2. Identify lead members to act as reference points for officers working on the agenda items listed in paragraph Confirm the arrangements set out in paragraphs 4.3. Page 11

12 Appendices None Background papers Previous structural change orders made in 2008 for the Cheshire area. Report Originator and Contact Name: The Dorset Area Monitoring Officers Tel: Page 12

13 1. Background 1.1 In anticipation that the Secretary of State will issue a final decision to replace the nine existing councils with two new councils and will accept the Joint Committee s preference to manage the transition to a new Dorset Council through a shadow authority this report explains the role of a shadow authority and how in practice it is expected to operate. 1.2 In previous local government reorganisations where the transition to new councils has been overseen by shadow authorities these have been directly elected shadow authorities which have gone on to become the new council. For instance in May shadow councillors were elected to the Shadow Cheshire East Council. Those shadow councillors oversaw the transition during a shadow period and then became the Cheshire East council from 1 April There is insufficient time to follow the Cheshire model by holding direct elections to a Shadow Dorset Council in May Instead all of the councillors of the existing Dorset area councils will form the Shadow Dorset Council. 1.4 Direct elections to the new Dorset Council will not be held until 2 May For the period between 1 April 2019 and until 4 days after the election the Structural Change Order will provide for the councillors of the former Dorset area councils to continue to serve but as councillors of the new Dorset Council only. 1.5 The composition of the Shadow Dorset Council is described in the table below. Current Council Number of councillors East Dorset District Council 29 North Dorset District Council 33 Purbeck District Council 25 West Dorset District Council 42 Weymouth and Portland Borough Council 36 Dorset County Council 41 (which excludes the 5 County Councillors representing Christchurch divisions) Total Page 13

14 1.6 At present 30 of the 41 county councillors for the Dorset area are also district councillors. This means that although there are 206 councillor positions on the Shadow Authority these will be performed by 176 individuals, 30 of whom will have separate voting rights as both district and county councillors on any given issue. 2. The Shadow Dorset Council 2.1 During a shadow period until 1 April 2019 the Shadow Dorset Council will exist alongside the current Dorset area councils. 2.2 The role of the Shadow Dorset Council will be to do all that is necessary to prepare for the assumption, as the Dorset Council, of local government functions and full local authority powers on 1st April Until 1 April 2019 when it becomes the Dorset Council the Shadow Dorset Council will have no service delivery role as the functions and powers of the current district and county councils will remain with them, (until they are abolished). Each of the current Dorset area councils will though be required by the Secretary of State to co-operate with the Shadow Dorset Council and the structural change order will include powers to enable the Shadow Council to direct the existing councils to take certain steps in order to bring about a smooth transition. 3. First meeting of the Shadow Dorset Council 3.1 It is anticipated that the Structural Change Order will come into force at the end of May The Order will require that within 14 days of it coming into force a meeting of the Shadow Dorset Council (all 176 councillors) must be convened and that the meeting is to be convened by the Chief Executive of the County Council. With the agreement of the Joint Committee this meeting could be accommodated at South Walks House in Dorchester. 3.2 At that first meeting it will be necessary to take the following steps: Election of Chairman: to preside at meetings of the full Shadow Council Adoption of standing orders and rules of procedure to apply during the shadow period Creation of a leader and cabinet executive: within the meaning of Part 1A of the Local Government Act 2000(a) ( the shadow executive committee ) Designation of statutory officers on an interim basis: these are interim designations during the shadow period of a head of paid service, monitoring officer and chief finance officer. 4 Page 14

15 Adoption of an implementation plan: designed to secure an effective, efficient and timely transition (this will be a living plan and kept under review but must be adopted at the first meeting. Adoption of a Code of Conduct: to govern the conduct of Members in their capacity as members of the shadow authority Adoption of a scheme for the payment of allowances to its members: in accordance with Local Authorities (Members Allowances) (England) Regulations Significant work will need to be undertaken in preparation for the first meeting. It will fall to the Joint Committee and to member and officer groups to ensure that the Shadow Council is in a position to make necessary decisions at its first meeting. For instance selection processes will have to be completed in advance of the first meeting in order for the Shadow Council to consider recommendations for the designation of its statutory officers. This is covered in a separate report. 3.4 As an event involving 176 councillors the first Shadow Dorset Council meeting will require careful planning. It is suggested that overall responsibility for the first Shadow Council meeting should rest with the Programme and the proper officer responsible for convening the meeting, supported by monitoring officers and democratic services officers. 3.5 The Joint Committee are invited to identify a lead member or members to act as a reference point for officers working on the following agenda items: Overall responsibility for planning the meeting (working with the proper officer and programme director) Election of Chairman (working with the proper officer) Preparation of draft standing orders and rules of procedure- (working with the monitoring officers) Creation of a leader and cabinet executive (working with the monitoring officers) Adoption of an implementation plan: (working with the Programme ) Adoption of a Code of Conduct: (working with the monitoring officers) Adoption of a scheme for the payment of allowances to its members: (working with democratic services officers). 4. Further Shadow Council and Executive Meetings 5 Page 15

16 4.1 Beyond the first meeting in June it is anticipated that two further meetings of the Shadow Council will be needed, the second to formally appoint a Chief Executive and the third meeting to agree the budget and council tax requirement for the new council. 4.2 The Shadow Executive will meet on a more frequent basis, perhaps fortnightly, operating executive powers in accordance with the Local Government Act 2000 and overseeing the implementation plan and arrangements. 4.3 Within 21 days of the Structural Change Order coming into force the Shadow Executive must meet and appoint an officer implementation team and an officer to lead that team. The Joint Committee are invited to agree that the arrangements to select the implementation team should be led by the six council ers in consultation with the Programme. 4.4 The current Dorset area councils will each appoint members to the Shadow Executive. The order makes no provision concerning political representation on the Shadow Executive. 4.5 The er of the Shadow Executive will be elected by the Shadow Executive itself from amongst those appointed by existing councils. 6 Page 16

17 Agenda 7 Dorset Area Joint Committee Date of Meeting 21 February 2018 Subject of Report Work Programme for the Dorset Area Joint Committee Executive Summary This report provides the existing work programme of the Joint Committee. The work programme is a live document and will be updated to reflect the future work agreed by the Committee following any meetings or informal workshops. Budget Implications Recommendation Appendices These are no direct financial consequences from this report. The Joint Committee notes the forward plan and makes any changes as required. Forward Plan Report Originator and Contact Name: Keith Cheesman Programme keith.cheesman@dorsetcc.gov.uk Page 17

18 Work Programme 21 February pm Publication of agenda and reports 13 February 2018 Appointment of Chief Executive - including LGA workshop Chairman Monitoring Officer Decision on progressing Shadow Authority Arrangements Chairman Chief Executives Decision on progressing Programme highlight report Chairman Chief Executives Decision on progressing Risk briefing (to be facilitated by the County Council s Governance and Assurance Team) Chairman Chief Executives Briefing session to develop understanding of LGR related risks 21 March pm Publication of agenda and reports 13 March 2018 Revenues and Benefits Partnership Working in Dorset Chairman Chief Executives Decision on progressing Statutory officers for the shadow authority Chairman Monitoring Officer To consider the process to designate statutory officers for the shadow authority Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 17 April pm Publication of agenda and reports 9 April 2018 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme Update Reserve date 11 May 2018 Publication of agenda and reports 3 May 2018 s to be added as required 12:00-1:30pm Senior Officer(s) Outcome Page 18

19 15 May pm Publication of agenda and reports 7 May 2018 Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 21 June pm Publication of agenda and reports 13 June 2018 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 20 July :00am Publication of agenda and reports 12 July 2018 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme Update Reserve date 8 August :00-1:30pm Publication of agenda and reports 31 July 2018 Senior Officer(s) Outcome s to be added as required 21 August pm Publication of agenda and reports 13 August 2018 Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Page 19

20 Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 20 September pm Publication of agenda and reports 12 September 2018 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 16 October pm Publication of agenda and reports 8 October 2018 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme Update Reserve date 9 November 2018 Publication of agenda and reports 31 July :00-1:30pm Senior Officer(s) Outcome s to be added as required 22 November pm Publication of agenda and reports 14 November 2018 Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme Update Page 20

21 20 December pm Publication of agenda and reports 12 December 2018 Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 16 January pm Publication of agenda and reports 8 January 2019 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 20 February pm Publication of agenda and reports 12 February 2019 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme 20 March pm Publication of agenda and reports 12 March 2019 Update Medium Term Financial Plan update Chairman Chief Executives Decision on progressing Programme highlight report Chairman Programme Task & Finish Groups updates Task and Finish Group lead members Programme Communications Update Chairman Programme Update Page 21

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23 Agenda 8 Dorset Area Joint Committee Date of Meeting 21 February 2018 Subject of Report Executive Summary Process to appoint interim and permanent statutory officers to Dorset Council This report covers two distinct exercises. The first is to make designations to the statutory roles of Interim Head of Staffing (this is the same as Head of Paid Service), Interim Monitoring Officer and Interim S.151 Officer. The second is the appointment of a Chief Executive (and Head of Paid Service) for the new Dorset Council. Subject to a positive final decision from the Secretary of State, the Structural Change Order (SCO) is likely to come into effect in early June. It will bring into immediate effect, the Shadow Authority (SA), the purpose of which is covered in a separate report. One of the things that the SCO requires the Shadow Authority to do at its first meeting is to designate officers to be Interim Head of Staffing, Interim Monitoring Officer and Interim S.151 Officer. These statutory roles are described as designations because they are not of themselves jobs, nor do they necessarily carry a particular workload. They are described in statute as a set of responsibilities to be discharged by the designated officers. The Dorset authorities are under an obligation in the SCO to cooperate with the SA and to provide resources for its functions. This will include resourcing the work streams that will enable these statutory officers to discharge their responsibilities. The time commitment required from each of these statutory officers will depend upon the amount of work they take upon themselves. In support of a designation to one of these posts, the officer s employing authority will need to agree a secondment to the SA, the terms of which will include the proportion of the officer s time to be spent on the statutory designation. In each case, it is entirely possible for the statutory designation to be discharged with a limited commitment of time, so long as the employing authorities are able to provide sufficient resources to support them through the agreed work streams. Accordingly, this report does not include a recommendation about the time commitment required for these designations. Page 23

24 The Chief Executive appointment for the new Dorset Council is a different matter. This is an employment decision and requires a full recruitment process. The detailed recommendations below are intended to ensure that Members intentions regarding this process are clear, in order that officers can commission the appropriate advice and assistance. This report is drafted on the assumption that the SA should be put in a position to make an appointment to the post as soon as practicable after its first meeting. Budget Implications Recommendation The report seeks the release of up to 50k to retain external recruitment consultants. The Joint Committee is asked to agree: 1. That a process for the Shadow Authority to designate officers as Interim Head of Staffing, Interim Monitoring Officer and Interim S.151 Officer is brought to the Joint Committee at its meeting in March. 2. That a process is brought to the Joint Committee s meeting in May; for the Shadow authority to appoint a Chief Executive (and Head of Paid Service) for the Dorset Council. 3. That the process recommended at 2 above, should include going to the open market, in addition to inviting applications from existing Chief Executives of authorities represented on this Joint Committee. 4. That the process recommended at 2 above should include a recommendation for the remuneration of this post as well as a full description of the role, terms and conditions of employment and person specification. 5. That the process recommended at 2 above, should allow the Shadow Authority to make an appointment as soon as possible after its first meeting. 6. That authority is delegated to each of the Monitoring Officers for the authorities represented on this Joint Committee, to appoint external recruitment consultants to assist in designing and implementing the process recommended at 2 above, including advice on the impact of the process on the positions of existing Chief Executives.. 7. That funds up to a maximum of 50k are released for the exercise recommended at 6 above. 8. That the ers Group should act as a task and finish group with the terms of reference contained in paragraph 13 below. Appendices None Report Originator and Contact Dorset Monitoring Officers Contact: scaundle@dorset.gov.uk. 2 Page 24

25 Background Interim Statutory Officers 1. As the designations of Interim Head of Staffing, Interim Monitoring Officer and Interim S.151 Officer, are roles rather than jobs and will be selected from amongst the officers of the Dorset area councils; a full recruitment process is not required. The process referred to in the recommendations will, however, involve a definition of the designations, expressions of interest from officers and a form of selection. 2. In law, only one officer can hold a given statutory designation. It is possible, however, for one person to hold two of the statutory designations, but the same person cannot be Monitoring Officer and Head of Paid Service. The S.151 Officer must hold one of a range of professional qualifications specified by law. 3. It is suggested that this process is brought to Members in March, so that there is sufficient time to carry out the process for recommended designations to go to the first meeting of the SA in June. 4. These designations are to cover the period between the establishment of the SA and its transition into the new Dorset Council on 1 st April Appointment of these designations on a permanent basis for the new Dorset Council are a separate matter. The appointment of a permanent Chief Executive (Head of Paid Service) is covered in this report, but not the permanent appointments to the Monitoring Officer and S.151 Officer designations. 5. These two appointments will be dealt with later by the Shadow Authority once a senior leadership and senior management structure has been established. The designations can be made once the SA has decided which Officer roles they should belong with. 6. This report contains no recommendation about remuneration for these designations. Background Chief Executive Appointment 7. Members will recall that the Local Government Association (LGA) have been assisting in preparations to plan the Chief Executive recruitment and that they attended the Joint Committee s December meeting to discuss the options with Members. 8. As agreed by the Joint Committee at its January meeting, professional officers from the LGA will attend this meeting and will give a presentation to Members covering the part of this report relating to the Chief Executives appointment. This will include a timeline of actions up to the appointment. Members will be invited to consider recommendations 2 to 8 before the presentation. 9. As indicated in the summary, this report is drafted on the assumption that Members intend to go to the market to recruit a Chief Executive, as well as inviting applications from existing Chief Executives. This assumption is based upon feedback from the discussion Members had with the LGA in December. 10. Should Members approve the recommendations in this report, the LGA has kindly agreed to continue to support this process. Officers believe that such assistance will be important in providing independent guidance to officers managing the process, and will also allow the LGA to use its considerable experience in the development of local government to help ensure the process meets the political and organisational requirements of the Joint Committee and the SA. 3 Page 25

26 11. This assistance will include helping to define the role and the person specification, as well as a recommendation for the remuneration and terms and conditions of employment. 12. It is recognised that a national recruitment exercise will require the resources and experience of a professional recruitment consultant to ensure impartiality with a robust knowledge and experience of the national market place for this level of post. Recommendations are made to provide a budget for this and to delegate authority to officers to procure and manage this resource. 13. As the process and the specifications are developed, it is recommended that the ers Group should act as a Task and Finish Group to oversee the work, under the following terms of reference:- To oversee the work managed by officers in developing a draft definition of the Chief Executive role, its remuneration and terms and conditions as well as the process for recruitment; and to make recommendations on these matters to the Joint Committee. 4 Page 26