Contact your Parish Council
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DEMOCRACY & GENERAL PURPOSES COMMITTEE |
21 September 2022 |
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Re-allocation of Outside Body Positions |
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Will this be a Key Decision?
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No
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Urgency |
Not Applicable |
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Final Decision-Maker |
Council |
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Lead Director |
Angela Woodhouse, Director of Strategy, Insight and Governance |
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Lead Officer and Report Author |
Ryan O’Connell, Democratic and Electoral Services Manager |
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Classification |
Public |
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Wards affected |
All |
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Executive Summary |
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This report outlines the current governance arrangements concerning outside body positions and proposes an alternative model where this Committee is responsible for the majority of the positions belonging to the Council.
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Purpose of Report
Decision |
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This report makes the following recommendations to the Committee for referral to Council: |
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That: 1. The table contained within Appendix 2 to the report be approved; and 2. The current list of outside bodies contained within the constitution (Appendix C, Part C1), be replaced with the table contained within Appendix 2 to the report, and moved to Appendix 2, Part B4 of the Constitution. |
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Re-allocation of Outside Body Positions |
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1. CROSS-CUTTING ISSUES AND IMPLICATIONS
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Issue |
Implications |
Sign-off |
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Impact on Corporate Priorities |
The four Strategic Plan objectives are:
· Embracing Growth and Enabling Infrastructure · Safe, Clean and Green · Homes and Communities · A Thriving Place
We do not expect the recommendations will by themselves materially affect achievement of corporate priorities. However, it will contribute to their overall achievement through improved appointment and reporting mechanisms.
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Democratic and Electoral Services Manager |
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Cross Cutting Objectives |
The four cross-cutting objectives are:
· Heritage is Respected · Health Inequalities are Addressed and Reduced · Deprivation and Social Mobility is Improved · Biodiversity and Environmental Sustainability is respected
We do not expect the recommendations will by themselves materially affect achievement of the Council’s cross-cutting objectives. However, it will contribute to their overall achievement through improved appointment and reporting mechanisms. |
Democratic and Electoral Services Manager |
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Risk Management |
See Section 5.
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Democratic and Electoral Services Manager |
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Financial |
The proposals set out in the recommendation are all within already approved budgetary headings and so need no new funding for implementation. |
Democratic and Electoral Services Manager |
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Staffing |
We will deliver the recommendations with our current staffing.
The Democratic Services Team will also have an additional two staff members by the end of September 2022. |
Democratic and Electoral Services Manager |
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Legal |
The choice of where outside bodies are appointed from is a choice for Council.
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Democratic and Electoral Services Manager |
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Information Governance |
The recommendations do not impact personal information (as defined in UK GDPR and Data Protection Act 2018) the Council processes. |
Democratic and Electoral Services Manager |
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Equalities |
The recommendations do not propose a change in service therefore will not require an equalities impact assessment |
Democratic and Electoral Services Manager |
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Public Health
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We recognise that the recommendations will not negatively impact on population health or that of individuals. |
Democratic and Electoral Services Manager |
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Crime and Disorder |
No impacts identified. |
Democratic and Electoral Services Manager |
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Procurement |
No impacts identified. |
Democratic and Electoral Services Manager |
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Biodiversity and Climate Change |
The implications of this report on biodiversity and climate change have been considered and are; · There are no implications on biodiversity and climate change. |
Democratic and Electoral Services Manager |
2. INTRODUCTION AND BACKGROUND
2.1 Ahead of moving to the Council’s new governance arrangements (May 2022), the Outside Body positions associated with the (old) Service Committees were made an Executive responsibility. The Council’s Outside Body positions had been an executive function within the Council’s previous Executive Arrangements (early 2000s).
2.2 The Outside Body positions associated with this Committee remained unchanged and are shown within Appendix 1 to the report.
2.3 The Executive is now responsible for appointments to a total of 23 organisations, 14 of which appoint to one or more positions based on a Councillors Role (i.e., if they are a Specific Ward Member or Lead Member). This is a large administrative burden.
2.4 Further, the requirement for any Executive decision to have been considered by the relevant Policy Advisory Committee beforehand extends the appointment process by up to several weeks.
2.5 Therefore, it is suggested that this Committee be responsible for the majority of these appointments. This would also streamline the reporting process, whereby Members can submit formal reports for presentation, as these updates would be presented to this Committee.
2.6 During the Covid-19 pandemic and associated recovery period, the administration of Outside Bodies was given low priority by the Democratic Services Team (the Team). This was due to the increased pressures in ensuring good governance in the challenging environment. Moving forward, the Team will be reminding Councillors, on a quarterly basis, of their ability to submit reports as outlined in point 2.5 above.
2.7 In addition further detailed work, including re-applying the agreed protocol for reviewing long term vacant places on outside bodies will be carried out by the Democratic Services team again.
3. AVAILABLE OPTIONS
3.1 Option 1 – Approve the transfer of specific Outside Body Appointments, from the Executive to this Committee, as outlined in Appendix 2 to the report. This is the recommended option and will streamline the process moving forward.
3.2 Option 2 – Retain the current governance arrangements relating to Outside Bodies. This is not recommended as it would not achieve the benefits outlined in Section 2 of the report.
4. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS
4.1 See point 3.1 above.
5. RISK
5.1 The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework. We are satisfied that the risks associated are within the Council’s risk appetite and will be managed as per the Policy.
6. CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK
Outside bodies have been considered by committee on multiple occasions, this is their first consideration under the current governance system.
7. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION
7.1 If the Committee wishes to recommend that full Council approve the changes, these will be considered at the 28 September 2022 Council meeting.
7.2 If agreed, the Constitution will be amended. Democratic Services will then be responsible for providing the administrative support required to assist the Committee in appointing to the positions and receiving quarterly updates as outlined in points 2.5 and 2.6.
8. REPORT APPENDICES
The following documents are to be published with this report and form part of the report
· Appendix 1: Existing Allocation of Outside Body Positions
· Appendix 2: Proposed Allocation of Outside Body Positions
9. BACKGROUND PAPERS
Maidstone Borough Council Constitution (2022):
(Public Pack)Agenda Document for Maidstone Borough Council Constitution, 11/11/2019 00:00
Outside Bodies – Current Status Report (2020):