Venue: Committee Rooms A/B, South Walks House, South Walks Road, Dorchester, DT1 1EE
Contact: Lindsey Watson Email: lwatson@dorset.gov.uk - (01305) 252209
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Declarations of Interest Councillors are required to
comply with the requirements of the Localism Act 2011 regarding disclosable
pecuniary interests. Minutes: There were no declarations of
interest. |
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To confirm and sign the
minutes of the previous meeting held on 8 October 2018. Minutes: The minutes of the meeting
held on 8 October 2018 were agreed as a correct record and signed by the
Chairman. The Chairman reported that
recommendations made by the committee to the Shadow Executive Committee at
previous meetings, had been agreed. |
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Public participation 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. Minutes: There
were no representations from members of the public. |
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Design Principles for the new Dorset Council PDF 105 KB An overview of the design
principles for the new Dorset Council A copy of the report ‘Building a Council for the 21st
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. The relevant extract from the minutes of this
meeting has also been attached for information. Additional documents:
Minutes: In
response to a request at a previous meeting, the Chief Executive (Designate)
attended the meeting to provide an overview of the design principles for the
new Dorset Council. A copy of the report
considered by the Shadow Executive Committee on 21 August 2018 with regard to
‘Building a Council for the 21st Century – Design Principles for the
new Dorset Council Operating Model’, was included within the agenda to support
discussion on the item. The
Chief Executive (Designate) noted that work being undertaken was to create a
Safe and Legal Council from day 1.
Transformation work was underway to design an operating model to set out
how the new Council would operate. The
nine agreed design principles were being used in order to ensure the creation
of a sustainable organisation. The
Chief Executive set out three key areas of focus for the new organisation: ·
Being a customer focussed organisation with the ability to plan big but
act local ·
Being an effective and modern organisation – business like with a social
purpose ·
Being an employer of choice – empowering staff and being a learning
organisation A question
was raised as to how the design principles and key areas of focus would be
monitored in terms of whether they were being achieved? In response, the Chief Executive (Designate)
noted that the design principles would provide a guide for creating the new
structure. The challenge would come when
looking back to see whether things were being done differently. Performance Indicators would be developed as
a separate piece of work. A
transformation roadmap would be created for approval by the Shadow Executive
Committee and this could also be brought to this committee around
February/March 2019. Members
considered the issues arising and during discussion the following points were
raised: ·
A comment was made that there was a need to see detail of the work that
was being undertaken underneath each of the design principles ·
In response to a question, the Chief Executive (Designate) highlighted
that transformation would be ongoing up to and beyond 1 April 2019 ·
The transformation roadmap would include key milestones to be agreed by
the new Council. These could be
considered by the committee when the report was presented ·
A question was raised with regard to the staffing hierarchy for the new
Council and whether there would need to be consideration of the services
required when considering the staffing required. In response, the Chief Executive (Designate)
noted that it was the intention to simplify the staff structure of the Council
in order to remove the distance between the layers |
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Overview of work being progressed by the Governance Working Group PDF 114 KB To receive an overview of
work being progressed by the Governance Working Group including proposals for
scrutiny arrangements and call-in in the new Dorset Council. Minutes: At
the request of the committee, members received a report which provided an
outline of the work of the Governance Working Group, including its progress to
date, next steps and the timetable for the production of the new Constitution. The report also provided some information on
the working group’s initial thinking on overview and scrutiny arrangements. As
Chair of the working group, Councillor Spencer Flower provided an overview of
the work of the group which had met on 3 occasions, with one further meeting
planned before concluding their work. He
noted that the report on the new Constitution would be brought to this
committee at the meeting on 3 December, and in addition, a member briefing
would be held to provide all members with the opportunity for a detailed look
at the work done and for any fine tuning required. David
Fairbairn (Solicitor, Purbeck District Council) had been involved with the work
of the group. He noted that there was a
wish to involve all members in the development of the Constitution which was
why it had been agreed to hold a member briefing and to include information in
members’ newsletters. Members
considered the issues arising from the report and during discussion the
following points were raised: ·
A point was raised that there was some unease that the Shadow Executive
Committee was receiving reports before the Overview and Scrutiny Committee had
been able to review them. In response it
was noted that the Constitution would not be finalised until it had been
adopted by Full Council in January 2019 ·
A discussion was held in respect of the reference to the member briefing
to be held and whether calling it a member briefing would reflect the
importance and key role of the session?
The Chairman asked if the session could be retitled in order to ensure
attendance by members ·
It was noted that the Governance Working Group had agreed with the
principle of there being Area Forums in order to ensure that local connection
with communities was not lost with the new Dorset Council. Further work was required but this would be
part of the model moving forward. In
addition, the working group, through discussion with officers, had identified a
suitable option for development management purposes ·
The working group had considered options within the ‘Governance-light’
model that it would like to see for Dorset Council. There was an opportunity to review structures
and ways of working. This would include
a review of the Policy Framework with 10 headline policies (there were around
30 included in the policy frameworks of the current six councils) and a review
of the Constitution both now and as the new Council bedded in ·
There was no wish to marginalise members, although a point was raised
that some members did not feel as engaged as they had been previously · A point was noted that the proposals outlined in the report could be supported as long as they were ‘governance-light’ and not ‘democracy-light’. It was acknowledged that there ... view the full minutes text for item 50. |
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Shadow Dorset Council Call-in arrangements To receive an overview of the
Shadow Dorset Council Call-in arrangements as set out in the Constitution. Minutes: The
Chairman introduced the item which had been prompted by a recent Call-in
request in respect of a decision of the Shadow Executive Committee on 17
September 2018 on the transfer of services and assets. The Call-in had been instigated but
subsequently rejected by the Monitoring Officer. The Chairman felt that this should have been
dealt with as a Call to Account. The
Interim Monitoring Officer provided information in order to clarify the
situation. He noted that Call-in should only
be used in exceptional circumstances and explained the situation with regard to
Call-in in the Shadow Dorset Council and in the new Dorset Council. For the new Dorset Council it was proposed
that a Call-in could be instigated where the executive failed to follow the
policy framework or the Budget set by Full Council or where the executive did
not follow principles for good decision making.
The current situation in the Shadow Dorset Council was very different given
the constrained time period within which it operated and the requirement to be
safe and legal on day 1. The Shadow
Constitution, which had largely been drawn from one used by another council,
provided only narrow opportunities for a decision to be called in – in essence
the only factor that could be considered was whether the decision was in
accordance with law. The recent Call-in
had been procedurally correct but had been rejected as it was not an unlawful
decision. It
was agreed that as this had been dealt with, discussion would move to the next
item on the agenda. |
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Proposed Call to Account PDF 47 KB To consider a proposed Call
to Account for consideration at a future meeting of this committee, in respect
of the decision of the Shadow Executive Committee on 17 September 2018, with
regard to the transfer of services and assets (West Dorset). The following documents are attached for the
committee’s information: ·
Transfer of assets to town and parish councils
principles – agreed by Shadow Executive Committee on 20 July 2018 ·
Extract of minutes of the Shadow Executive Committee
on 17 September 2018 with regard to the transfer of services and assets (West
Dorset) Additional documents: Minutes: The
Chairman introduced an item to ask the committee to consider a proposed Call to
Account with regard to the decision of the Shadow Executive Committee on 17
September 2018 on the transfer of services and assets in West Dorset. If agreed, the Call to Account would be
considered at a future meeting of the committee and the relevant people would
be required to come to the meeting to provide information in respect of the
decision taken. Reference
was made to the principles for the transfer of assets to town and parish
councils, which had been agreed by the Shadow Executive Committee on 20 July
2018 and the amount of work that had been undertaken in West Dorset. The recommendations put forward by West
Dorset District Council had been considered by the Shadow Executive Committee,
but had not received support from the committee. A point was raised that when the Shadow
Dorset Council came in to being there was a wish to empower people by enabling
local communities to be in charge of their own assets. A report had subsequently been considered by
West Dorset Full Council which sought to leave the door open for future
discussions, within the principles agreed by the Shadow Council and which had
received cross party support. The
Chairman noted that the purpose of the discussion at this meeting was to
determine whether there was committee support to proceed with a Call to
Account. Members
discussed the issues arising and during discussion the following points were
raised: ·
A lot of time and effort had been put into negotiations with town and
parish councils in West Dorset and it was felt that the Council had been caught
out by the principle that a proposal must not exceed £100k value ·
A point was made that market towns should be treated differently,
similar to the exception provided to Weymouth Town Council and Portland Town
Council. The point was made that many
councils had low tax bases ·
It was felt that there was not a uniform process in place across the county ·
In response to a point raised it was noted that there could be a need
for clarification with regard to the £100k cap that had been put in place and
whether this was per town or parish council or per individual asset, or whether
it was in place for all transactions proposed by a district council ·
A question was raised as to what action could be taken as a result of
undertaking a Call to Account? It was
noted that the committee could make recommendations to the Shadow Executive
Committee ·
The Interim Monitoring Officer noted that the Shadow Executive Committee
had agreed a set of principles for this area.
It was the view of the Shadow Executive Committee that the proposals put
forward by West Dorset, did not fit with the agreed principles · Clarification was sought as to whether the Call to Account related to the specific decision with regard to the transfer of assets and services ... view the full minutes text for item 52. |
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Overview and Update on Finance To receive an overview from
the Interim Section 151 Officer. Minutes: The
Interim S151 Officer provided a presentation which gave an overview of the
financial issues for moving to a new Council.
The presentation covered: ·
Context – the financial issues associated with moving from six to one
Council. There were currently six
budgets, six teams in different locations and using different systems. Work around disaggregation was referred to
and other moving parts such as demand led services, capital, staffing, TUPE,
council tax and stranded costs. Members
of the Shadow Dorset Council would vote on the Budget for 2019/20 in February
next year ·
Financial Strategy – there was a focus on protecting front line services
and delivering resources for transformation ·
Medium Term Financial Forecast – in respect of a question with regard to
retained business rates, the Interim S151 Officer noted that there was not
currently clarity about how the new scheme would work ·
2019/20 Budget ·
Capital and bringing six programmes together – the S151 Officer briefly
referred to a current disagreement on the apportionment of disaggregated debt
between the two councils, which could result in a £600k to £900k impact ·
The situation with Reserves ·
Balancing the Budget ·
Transformation savings – this was about doing things differently ·
Other factors being looked at for example spending protocol, financial
systems harmonisation, internal and external auditor appointments and banking
tender process A
number of questions were raised and responses provided including: ·
The amount of audit work taking place would be reduced as there would
only be a need to sign off books for one council and not six as currently. There would be no change to the frequency of
audits ·
There may be opportunities to use capital receipts from selling of
assets. Savings would be phased ·
There would be an opportunity for this committee to scrutinise the
Budget during mid-January 2019. The
timescale for this did not fit in with the current date for the committee in
January and therefore this may need to be reviewed ·
Council Tax harmonisation would be from day 1 ·
In response to a question with regard to the position with pension
funds, the S151 Officer noted that this had been reviewed by an Actuary and
although there were slightly different funding positions they were not too far
apart. |
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Future operations of Leisure Facilities in Dorset PDF 158 KB To review and provide
comments as relevant on a report to be considered by the Shadow Executive
Committee on 12 November 2018. A copy of the report to the Shadow Executive Committee
on 12 November 2018, ‘Future operation of sports and leisure centre facilities
in Dorset’, has been attached for the committee’s information. Minutes: The
Portfolio Holder for Leisure Services introduced and provided an overview of a
report on the future operation of sports and leisure centre facilities in
Dorset, which would be considered by the Shadow Executive Committee on 12
November 2018. The report detailed the
current management arrangements for the various Council owned sports and
leisure centres in Dorset, highlighted the contractual issues faced by two of
the centres and the associated risks that might impact on the ability to
continue with service delivery as a result of Local Government
Reorganisation. The report also outlined
a suggested future programme of work and highlighted the opportunity for
efficiencies and savings in the future. There
was a general level of support for the approach being proposed in the report
which provided a commitment to gathering information, developing a business
case and considering options with outcomes to be presented to Dorset Council for
decision. There was support for the way
that the issues were presented and how they were to be considered. It
was noted that the report and recommendations would be considered by the Shadow
Executive Committee on 12 November.
Support was expressed for the report and recommendations to be presented
to the Shadow Executive Committee. |
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Programme Highlight Report including Gateway 1 report PDF 125 KB To review the latest
Programme Highlight Report including Gateway 1 report, to be considered by the
Shadow Executive Committee on 12 November 2018. The report will be published within the agenda for the
Shadow Executive Committee for the meeting on 12 November 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=127&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. Additional documents: Minutes: The
committee considered the latest Programme Highlight Report which was to be
considered by the Shadow Executive Committee on 12 November 2018. The report provided an update on progress
since the October meeting of the Shadow Executive Committee, including the
findings of the Gateway Review and an update on the Programme Budget. It was noted that there would be an update to
the December meeting of the Shadow Executive Committee with regard to programme
resources. In
response to a question, Sally White representing the South West Audit
Partnership (SWAP) noted that this was not a traditional audit piece and that
work had been undertaken with the Programme Team. The SWAP report had been published with the
agenda for this meeting and had been summarised within the Programme Highlight
Report. There had been some limitations
to the SWAP report and it had not been formally signed off to date. In was anticipated that the report would be
signed off shortly once some of the programme plans had been signed off. The
report was noted by members. The
Chairman asked that the committee be informed if there were any concerns from
SWAP before the next meeting of the committee.
In response, Sally White noted that SWAP was engaged with the Programme
Team on a regular basis and that the situation would be regularly reviewed. |
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Shadow Overview and Scrutiny Committee Work Programme PDF 55 KB 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. Additional documents: Minutes: The
Scrutiny Officer provided an overview of the items expected at the next meeting
of the committee as follows: ·
TUPE – progress to date ·
Readiness of critical/key services ·
Dorset Council Constitution ·
Call to Account in respect of the transfer of services and assets ·
Programme Highlight Report including SWAP Assurance Report The
scrutiny of the Budget would take place during January 2019 and it was noted
that the scheduled date for this meeting (currently 8 January) may need to be
reviewed in order to fit in with the overall Budget timetable. The
work programme would be developed each month and considered at each meeting of
the committee. There
were requests for further information in respect of the position with both
Revenues and Benefits and the Dorset Waste Partnership. The Scrutiny Officer confirmed that she would
request further information to provide to members of the committee. Members could then decide whether any further
action was required in respect of these areas. |
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Urgent items 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. Minutes: There were no urgent items. |