Agenda and minutes

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests.

There were no declarations of interest.

To confirm and sign the minutes of the previous meeting held on 12 September 2018.

The minutes of the meeting held on 12 September 2018 were agreed as a correct record and signed by the Chairman.

To receive any public questions or statements on the business of the Shadow Overview and Scrutiny Committee in accordance with the procedure rules as set out in the Shadow Dorset Council Constitution.

There were no representations from members of the public.

Councillor D Harris raised a number of questions.  The Chairman read out a response which had been provided by the HR Strategic Lead, Shaping Dorset Council.  The text of the questions raised and response provided is included as an appendix to these minutes.

Councillor D Rickard raised an issue with regard to a recent request for the call-in of a Shadow Executive Committee decision with regard to the transfer of services and assets.  The call-in request which had received support from 27 cross party councillors had been determined as not being a valid call-in by the Interim Monitoring Officer.  Councillor Rickard asked that the call-in process be examined by the committee.

The Interim Monitoring Officer noted that the Shadow Council had adopted the call-in process which was included within the Constitution and due to the high threshold set out in the Constitution, the call-in had not been accepted.  All councillors supporting the call-in request had been notified of the decision.  Although there could not be a call-in of the decision, the Shadow Overview and Scrutiny Committee could consider whether they wished to carry out a post decision scrutiny in respect of this.  A separate piece of work with regard to the Constitution for the Dorset Council was underway and this would include consideration of the call-in arrangements for the new council.  The draft Constitution would be brought to this committee, the Shadow Executive Committee and in addition, member engagement would be undertaken through a member workshop.

Following a discussion, the committee agreed that they would undertake a review of the call-in process for the Shadow Dorset Council and whether the process was appropriate.  Consideration would also be given to the call-in proposals for the new Dorset Council.

Councillor Rickard raised an additional point with regard to the scrutiny of decisions in the Shadow Dorset Council.  In response, the Group Manager, Governance and Assurance, noted that in addition to the call-in process, the Shadow Overview and Scrutiny Committee had the right to examine any decision to be taken or already taken by the Shadow Executive Committee and that members could review the Executive Committee Forward Plan to review the items to be considered at each meeting.  The Shadow Overview and Scrutiny Committee could also look at the governance arrangements for the Shadow Council.  The committee could decide what they wanted to look at and include items as appropriate in their work programme.

To review the latest Programme Highlight Report including South West Audit Partnership (SWAP) Assurance Report to be considered by the Shadow Executive Committee.  The Programme Director and a representative of SWAP will be attending the meeting.

The report will be published within the agenda for the Shadow Executive Committee for the meeting on 15 October 2018 and will be able to be viewed using the link below when the Shadow Executive Committee agenda has been published:

http://shadowcouncil.dorset.gov.uk/ieListDocuments.aspx?CId=136&MId=125&Ver=4

A copy of the report will be added to this agenda as a supplement when it is published with the Shadow Executive Committee agenda.

The committee considered the latest Programme Highlight Report which was to be considered by the Shadow Executive Committee on 15 October 2018.  The report provided an update on progress since the last meeting of the Shadow Executive Committee and included a request for a change control on convergence and an update on the internal audit of the programme governance.

The Programme Director noted that overall progress remained at Amber. Work on the implementation plans continued, with theme boards making significant progress on developing the detailed service continuity plans. Due to the scale and complexity of the work, the plans were running approximately two weeks behind schedule.  This would have a slight impact on the timing for the Gateway Review.  The request for change control on governance highlighted any new requirements including additional resources identified.

The SWAP Assistant Director noted that the SWAP Programme Governance follow up report was a high level piece of assurance work.  Assurance remained overall at ‘Partial’ but with a positive direction of travel.

In response to a question with regard to the level of additional resources identified, the Programme Director noted that work was continuing to further define the additional resources required but that currently the estimate was for an additional budget requirement of £350k – £400k.

In addition, lessons had been learnt from previous recruitment to the Programme Team which would be used for any additional recruitment required.

A discussion with regard to the Shadow Executive Operating Principles and how they have been brought to fruition and an overview of the design principles for the new organisation.

A copy of the report ‘Building a Council for the 21^st Century – Design Principles for the new Dorset Council Operating Model’, which was considered by the Shadow Executive Committee on 21 August 2018, has been attached, to support the discussion on this item.

Following a request at the last meeting, the committee had asked to hold a discussion with regard to the Shadow Executive Operating Principles and how they had been brought to fruition.  Members had also requested to receive an overview of the design principles for the new organisation which had been agreed at the Shadow Executive Committee on 21 August 2018.

The Group Manager, Governance and Assurance, noted that the committee would like to gain an understanding of the operating principles, how they were embedded in the work being undertaken, the design of structures, principles around governance, culture and designing a new council that embraced these features.

The Interim Monitoring Officer noted that for effective governance, the executive needed the ability to be able to take decisions, with scrutiny being able to intervene where necessary.  Reference was also made to the distinction between a call-in and a call to account.

Members discussed the issues arising and points were noted with regard to the current pace of decision making in the Shadow arrangements, the ability of scrutiny to be proactive and work effectively with the executive arrangements and the need for there to be consideration of future scrutiny arrangements

The Interim Monitoring Officer noted that there would be differences in terms of arrangements between what would happen in a steady state council and the position that the councils were currently in, in the transition of six councils to one.

A point was made that Shadow Executive Committee meetings were open to all members to attend and that currently a limited number of additional members were attending meetings.  Members were encouraged to attend meetings and hear the discussions.

Due to the necessary information not being available for the meeting, it was agreed that the item would be deferred to the next meeting.

A discussion with regard to member engagement in the Shadow Dorset Council Task and Finish Groups and Workstreams, with the Lead Member and Officer for Member Engagement.

The Chairman welcomed the Lead Member and Officer for Member Engagement who had been invited to the meeting to talk with members about member engagement in the Shadow Dorset Council task and finish groups and workstreams.  The Lead Member, Councillor G Carr-Jones indicated that he was happy to answer any questions that members had related to this area.

Members considered the issues in this area and during discussion the following points were raised:

·                The group had been set up to look at issues around member engagement in the Shaping Dorset Council programme and included representatives from each of the six councils.  The decision had been taken that electronic communications would be used including members receiving a newsletter by email and a full range of information being included on the Sharepoint site.  Use of Sharepoint by members had been monitored and it was noted that only 43 members had logged into the site.  In addition, monthly briefing sessions for members had been held.  Numbers attending the briefings appeared to be declining although attempts had been made to hold sessions at various times, including in the evening

·                A discussion was held in respect of the difference between member engagement and member involvement.  Some members felt that they were not involved in the Shadow Council arrangements although it was recognised that it was difficult for everyone to be involved

·                Councillor Carr-Jones noted that he was happy to receive feedback on ways that the wider councillor membership could be best engaged

·                Consideration was being given to the use of ModGov for the various meetings being held

·                A point was raised that there were some issues with members not attending meetings and not sending their apologies in advance, including with this committee.  The Chairman indicated that she would review the position with members attending meetings of this committee

·                There needed to be a good system where members were able to self serve in terms of finding out the information they needed

·                A discussion was held in respect of the arrangements for the member briefings and in response to a point raised, Councillor Carr-Jones noted that these needed to continue to be held as sessions for all members as it was not practical for six separate sovereign sessions to be held.  In addition it was seen as useful for members of the six councils to have opportunities to meet together and hear each others points

·                A point was raised with regard to the Shadow Council meetings and that the opportunity to have presentations and discussion at the meetings would be welcomed

·                In respect of information on people responsible for different areas, information would be included in the next newsletter

·                A point was raised that some members were not thinking forward to the new council arrangements and that opportunities were being provided for them to engage with the process.  There was a role for sovereign members to encourage other members to participate

·                It was noted that there would be some members who did not want to  ...  view the full minutes text for item 42.

To consider the work programme for the committee for 2018/19.

To review the Shadow Executive Committee Forward Plan. 

All members of the Shadow Dorset Council receive notification when Shadow Executive Committee agendas are published on Mod.Gov and the Shadow Dorset Council website.   Members of the Shadow Overview and Scrutiny Committee can review the items to be considered on each agenda and raise issues for review or comment to the Shadow Executive Committee as appropriate.

Further to the discussion at the meeting, it was noted that the following items would be included within the committee’s work programme:

·                Call in arrangements – arrangements in the Shadow Dorset Council and the arrangements for the Call-in process for the new council.
(Noted that the Dorset Council Constitution would be brought to the Shadow Overview and Scrutiny Committee at the appropriate time)

·                An overview of work being progressed by the Governance working group and specifically proposals for scrutiny arrangements in the new council

·                Design Principles for the new Dorset Council Operating Model

Members considered issues around the work programme and the following points were raised:

·                The item on ‘Future Operations of Leisure Facilities in Dorset’ had been deferred to the 12 November meeting of the Shadow Executive Committee and would therefore be considered at the meeting of this committee on 7 November 2018

·                In response to a comment with regard to the timing for items coming to scrutiny, the point was made that the Shadow Overview and Scrutiny Committee met in the week prior to the Shadow Executive Committee

·                A key role for this committee was to review the Shadow Executive Committee Forward Plan, which was included on the agenda for every meeting, and identify areas for review.  It was noted that the Shadow Executive Committee should also consider potential items to refer to scrutiny.  However it was noted that due to the pace at which things were happening, it may not always be possible to bring items through scrutiny

·                A report on ‘Parish and Town Council Elections – Recharging Structure’ was to be considered at the Shadow Executive Committee on 15 October 2018.  This item had not been identified for scrutiny by this committee.  Members of the committee had the opportunity to read the report and attend the Shadow Executive Committee meeting in respect of this item

·                The items proposed for the next meeting of the committee were highlighted.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be specified in the minutes.

There were no urgent items.

Questions raised by Councillor David Harris

Was the scrutiny committee aware that despite the serious budget position, £50000 was being spent on the process to appoint the new Chief Executive?

If they were aware did they scrutinise the decision to see if it was justified?

Is the committee aware of any funding being set aside to get external help in appointing the second tier officers? This was not mentioned when members were being briefed about the process so if money is being allocated for external advice should this not be made clear at the start of the process? If money has been allocated for external advice can this be investigated before it is spent?

Response provided by Nicola Houwayek, HR Strategic Lead, Shaping Dorset Council

In February 2019, the Area Joint Committee authorised the Monitoring Officers to appoint external recruitment consultants to assist in designing and implementing the Chief Executive recruitment process, with a budget of up to £50,000. Following a competitive procurement process, GatenbySanderson were appointed.  The total cost was below this, £41,500.  This was £8,500 under budget and included advertising costs.

The role of external advisers is critical to recruit in a limited recruitment market for the councils most important posts and will be especially so for the Tier 2 posts, where there are a very small number of potential candidates across all roles.  The role of the external advisor includes:

1.         National Search exercise, adverts development (and placement) and hosting the microsite

2.         An initial review of application, developing the reports and advising at the longlisting meeting with members

3.         Running the longlisting exercise with a technical assessor

4.         Feedback to candidates

5.         Preparing reports on the candidates to support the creation of a recommended shortlist and attending the shortlisting meeting with members

6.         Overseeing the Psychometric tests, input of occupational psychologist.

7.         Running the final interviews – with advisors

8.         Giving feedback to all candidates

At its September meeting, Shadow Executive have agreed a budget of up to £75,000 for the recruitment of four posts at Tier 2 and one post at Tier 3.  This budget will also include costs to support internal applicants through the selection process.  A further competitive procurement process has taken place to select a provider to deliver this work within the agreed budget.

Additional point

Following requests by the Shadow Overview and Scrutiny Committee, the committee has received two presentations from the HR Strategic Lead.  At the meeting on 22 August 2018, the committee received a presentation with regard to the Chief Executive Recruitment Process.  This was followed at the meeting on 12 September 2018 with a presentation on the Tier Two Recruitment Process.