MINUTES OF PROCEEDINGS OF THE FINANCE & RESOURCES COMMITTEE MEETING OF
ARMAGH BANBRIDGE AND CRAIGAVON DISTRICT COUNCIL
DATE:
6 November 2014
TIME:
6.00 pm
VENUE:
The Council Chamber, Civic Building, Banbridge District Council,
Downshire Road, Banbridge
CHAIR:
Councillor C Lockhart
VICE CHAIR:
Councillor J Nelson
MEMBERS PRESENT:
Councillors –
M Baxter
D Beattie
C Black
I Burns
M Cairns
M Campbell
D Causby
S Doyle
P Greenfield
A Hatch
K Haughian
G Keating
S Nicholson
P Rankin
J Speers
M Tinsley
(18)
APOLOGIES:
Councillors –
D Jones
C Seeley
Mr E Kelly, Change Management Officer
OFFICERS IN ATTENDANCE:
Mr R Wilson, Chief Executive
Mr G Coulter, Head of Finance
Mrs S Currans, Head of Human Resources
Mr J Hayes, Head of Building Control, Armagh City & District Council
DEMOCRATIC SERVICES:
Mrs C McCully, Member Services Officer, Banbridge District Council
1
1.
APOLOGIES
NOTED: that apologies were received from Councillors D Jones and C Seeley and the
Change Management Officer.
2.
DECLARATIONS OF INTEREST
No declarations of interest were made.
3.
REPORT FROM THE HEAD OF FINANCE FR‐14‐10
PREVIOUSLY CIRCULATED:
report from the Head of Finance FR‐14‐10.
3.1
Budget Report
RECOMMENDED: unanimously
that Members note the current budgetary position.
3.2
Departmental Consultation
PREVIOUSLY CIRCULATED:
letter dated 29 October 2014 from the Minister of the
Environment regarding Draft Budget 2015/16: Local Government Grants. The letter
highlighted proposals to make a gross cut of 15.1% to the Department’s baseline
budget for next year. There was also uncertainty as to how much money would be
made available from DFP to pay the new Transferring Functions Grant and whether
these sums would be protected into the future as was the clear policy intent when the
scheme was devised.
REQUESTED:
by the Head of Finance that Members urge their Party colleagues at
Stormont to ensure the block grant remains in place.
RECOMMENDED: on the proposal of Councillor Baxter, seconded by Councillor
Nicholson that the Council adopts the above response in respect of the consultation
on the Transferred Functions Grant Regulations.
(Councillor Causby joined the meeting at 6.06 pm).
3.3
Estimates 2015/16
APPRECIATION: was expressed by Councillor Nelson for the workshop on 26
November 2014. He hoped this would provide Members with a better understanding
of different service deliveries within the current 3 Councils and the correlation of
grants.
EXPLAINED:
by the Head of Finance in response to a query from Councillor Speers that
the proposal was to roll forward current budgets from this year to next year. Service
developments and business cases would be considered and analysed for the following
2
year’s estimates. It was proposed to establish a Strategic Assets & Capital Working
Group and a 3 year financial plan. Other potential cuts and future savings that needed
to be made would be considered in March/April 2015 together with capital plans and
revenue commitments ahead of next year’s budget process.
The Head of Finance added that, in light of the potential cuts in Government Grants,
Officers had also been instructed to consider potential cuts of 2% for next year and
reports would be brought back to this committee.
REQUESTED: by the Chairman a complete overhaul of the estimates process to ensure
the correct amount of money was allocated to each Department and that money was
not being wasted.
REPORTED: by Councillor Nelson that he analysed how money was spent in Craigavon
Borough Council and he challenged the budget setting process. Craigavon Councillors
challenged the Corporate Team to achieve a zero rates increase in 2014/15.
(Councillor Hatch joined the meeting at 6.17 pm).
ADVISED: by the Head
of Finance that a strategic view of the budget process in
March/April would provide more planning time.
RECOMMENDED: unanimously that Members agree to the estimates principles
outlined above and note the date of the Estimates Workshop.
3.4
Financial Analysis
RECOMMENDED: that Members note this report.
3.5
Accommodation for Transfer of Planning Service
NOTED: by Councillor Causby that this issue was discussed in full at the Party Leaders’
Meeting.
EXPLAINED: by the Chief Executive in response to Councillor Hatch that the cost of
maintaining Planning Service in Marlborough House would be neutral. The cost would
be included in the grant for transfer.
ADVISED: by the Head of Finance in response to Councillor Hatch that the Council
would be charged for accommodation but the amount has not been specified, but
would be equal to the budget being transferred.
CONCURRED: by Councillor Nicholson with the recommendation that Planning Service
remains in Marlborough House until the contract works had been completed. He
enquired if an analysis had been carried out on mileage that would be incurred by
planners covering an area of 500 sq miles.
3
ADVISED: by the Chief Executive that an analysis had not been done at this point in
time. He further advised that details with regard to staff transferring to Council had
not yet been made available, however this was expected by the end of November.
REPORTED: by Councillor Nicholson that Planning Service staff had concerns regarding
this issue. He noted that Planning Service would be based in Banbridge but in his
opinion there should be satellite offices in the other Councils for planning and also
Building Control.
ADVISED: by the Chairman that she had also raised this issue as it was not always
logistically possible for planners to travel to different areas.
CONCERN: was expressed by Councillor Baxter regarding the cost of the proposed
works to the Old Town Hall and the Civic Building in Banbridge.
ADVISED: by the Chief Executive in response to a query from Councillor Baxter that it
was proposed to use staff within Building Control who had expertise in this area so
consultancy costs would be kept to an absolute minimum.
POINTED OUT: by Councillor Doyle that it had been agreed that Planning Service
would be based in Banbridge and their travel expenses should be paid.
CONCURRED: by the Chairman that Planning Service would be based in Banbridge
however she pointed out that planning officers must have access to the planning
portal.
STRESSED: by Councillor Nicholson that he did not believe that the move to Banbridge
was under threat and he would not be supportive of this. He expressed
disappointment regarding the need for re‐wiring of the Civic Building. He noted that
Craigavon Borough Council had spent £500,000 on re‐wiring recently and he referred
to the huge amount of money which would have to be spent on legacy buildings.
ADVISED:
by the Chief Executive that historically Councils in Northern Ireland had not
looked upon their land and property portfolio as assets and as a result of this there
had been an under investment. He advised that condition surveys had been carried
out on all properties in the 3 Councils and stated there was a need for an Estate
Management Working Group. Decisions would have to be made regarding the
retention of assets. There would be pressures on budgets and the Council must
consider ways of reducing expenditure and maximising revenue streams. The budget
was very important, however the Council must be appropriately resourced.
EXPLAINED: by the Head of Finance in response to a query from the Chairman that
capital expenditure over £250,000 must have approval from the Shadow Council. He
noted that money had been set aside by Banbridge District Council for the re‐wiring
of the Old Technical Building.
4
ADVISED: by Councillor Speers that he did not believe there was any threat to Planning
Service being based in Banbridge. However he pointed out that irrespective of where
any service delivery was based there would have to be a satellite in various places. He
stated that every aspect of delivery would not necessarily be in one building.
NOTED: by Councillor Baxter that £580,000 was spent in Craigavon Borough Council
on refurbishment and replacing ceilings etc.
RECOMMENDED: on the proposal of Councillor Causby, seconded by Councillor
Baxter that Members approve:
1. the procurement and appointment of a design team with a view to them
developing a detailed options appraisal of proposed works to the Banbridge Civic
Building which when approved would also develop the detailed specification for
tendering purposes, and;
2. the short term option that the Planning Service remain in Marlborough House
until the contract works had been completed.
4.0
REPORT FROM THE HEAD OF HUMAN RESOURCES FR‐14‐11
PREVIOUSLY CIRCULATED:
report from the Head of Human Resources FR‐14‐11.
4.1
Local Government Employee and Councillor Working Relationship protocol
RECOMMENDED: that Members note the finalised version of the Local Government
Employee & Councillor Working Relationship Protocol as detailed in
Appendix I.
FURTHER RECOMMENDED: on the proposal of Councillor Causby, seconded by
Councillor Baxter that the meeting moves ‘Into Committee’ for consideration of the
next item.
5. REPORT FROM THE HEAD OF HUMAN RESOURCES FR‐14‐12
5.1
Confidential Item removed
RECOMMENDED: on the proposal of Councillor Tinsley, seconded by Councillor
Rankin that the meeting moves ‘Out of Committee’ and recommends the decision
made ‘In Committee’.
5
The business having been completed, the meeting ended at 6.50 pm.
SIGNED:
CHAIRMAN
CHIEF EXECUTIVE
DATE
20 November 2014
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ARMAGH BANBRIDGE AND CRAIGAVON
DISTRICT COUNCIL
REPORT FROM HEAD OF FINANCE
FR‐14‐10
Report to:
Finance and Resources Committee
Date:
6 November 2014
Agenda Item No.
3
Reporting Officer:
Graham Coulter, Head of Finance
ITEMS FOR DECISION
1.0
BUDGET REPORT
Purpose
Decision(s) Required:
Members are asked to note the content of the report.
Lead Officer
Graham Coulter, Head of Finance
1.1
BACKGROUND
At September’s Finance and Resources Committee meeting, the budget for the
Shadow Council was agreed. This report is by way of update on the current
budgetary position.
1.2
DETAIL
A budget report for the period June to September is set out below. This shows the
Council is currently within its budget for the year.
Budget Report - September 2015
Budget
Expenditure
Variance
£
£
Members Al owances and Support Costs
170,
000 168,
424
(1,576 )
Staff Costs
100,
000 98,
171
(1,829 )
Other Expenses
54,
000 5
3,676
(324 )
Election Expenses
225,
000 225,
000
0
TOTAL EXPENDITURE
549,
000 545,
271
(3,729 )
Cental Government Funding
- 16,
850 - 1
6,854
(4 )
NET EXPENDITURE
532,
150 528,
417
(3,733 )
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1.3
RECOMMENDATION
It is recommended that members note the current budgetary position.
2.0
DEPARTMENTAL CONSULTATION
Purpose
Decision(s) Required:
Members are asked to consider the content of the report and to adopt
the response to the consultation on the Transferred Functions Grant
Regulations.
Lead Officer
Graham Coulter, Head of Finance
2.1
BACKGROUND
The Department have recently issued a consultation on THE LOCAL GOVERNMENT
(TRANSFERRED FUNCTIONS GRANT) REGULATIONS (NORTHERN IRELAND) 2015.
This makes provision for the Department to introduce a mechanism for transferring
the budgets required to undertake those functions transferring from central to
local government on 1 April 2015.
2.2
DETAIL
THE LOCAL GOVERNMENT (TRANSFERRED FUNCTIONS GRANT) REGULATIONS
(NORTHERN IRELAND) 2015
As stated above the Department are intending to introduce a mechanism to enable
them to transfer the budgets annually to Local Government for the services which
are transferring from central government such as Planning. The proposed
mechanism is the Transferred Functions Grant.
The aim of the proposed mechanism is to provide local government with as much
financial independence and flexibility as possible. The Department, in conjunction
with DFP and Local Government looked at a range of options to achieve these aims.
The option selected involves creating a supplementary rating grant which will
bolster the tax base in each on the new 11 council areas and provide a relatively
settled and sustainable funding source. Funding the transferred functions by other
means such as direct grants from individual departments, would have introduced
public expenditure issues around control bidding, monitoring and accounting.
Councils would have had to bid to central government for the funding required to
carry out the functions on a regular basis and departments would have remained
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accountable for the spend. This would have created an ongoing dependency and an
unnecessary level of bureaucracy that would have been inefficient.
The full consultation document can be found by following this link
http://www.doeni.gov.uk/the_local_government__transferred_functions_grant__r
egulations__ni__2015_‐_consultation_document.pdf
The consultation has just two questions, these are: ‐
Question 1.
Do you foresee any practical or administrative difficulties with these
arrangements?
Question 2.
The derived NAV will be set in year 1 and remain constant in each year after that. In
year 2, and each year thereafter, the funding to be provided to each council will the
derived NAV multiplied by each council’s district rate. Do you agree with this
method of calculating the allocation of funding?
It is recommended the Council adopts the following responses.
Question 1
The Council is in agreement with the principles outlined in the consultation, i.e.
that the methodology should provide Councils with as much financial
independence and flexibility as possible and minimise bureaucracy. However, due
to concerns that some of the intended functions may not transfer as planned on 1st
April 2015, we would advocate that there is some flexibility in the drafting of the
Transferred Grant Regulations to ensure that adjustments to the “derived NAV” can
be made expeditiously if a subsequent increase is required. It is possible that a
future review of the delivery of functions will lead to further transfers to local
government. Again, the proposed one‐off NAV would thus require amendment.
Question 2
The Council agrees that this methodology achieves the aims of the proposed
mechanism i.e. to provide local government with as much financial independence
and flexibility as possible.
However, at outlined in our response to question 1, as it remains possible that the
derived NAV will be subject to change the regulations need to allow for this
scenario.
2.3
RECOMMENDATION
It is recommended that the Council adopts the above response in respect of the
consultation on the Transferred Functions Grant Regulations.
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3.0
ESTIMATES 2015/16
Purpose
Decision(s) Required:
Members are asked to recommend the adoption of a set of principles
regarding the estimates for 2015/16.
Lead Officer
Graham Coulter, Head of Finance
3.1
BACKGROUND
As members will be aware the Council is required to strike a rate for the new
district by 14 February 2015. The aim of this report is to provide members with a
further update on the progress of this.
3.2
DETAIL
As outlined in the report to the Finance & Resources committee in September work
has commenced on bringing together the budgets of the three existing Councils as
part of the rate setting process for 2015/16. The first stage of this is now complete
and a summary of the 2014/15 budgets for the new Council is attached at
Appendix A.
The report presented to members in September highlighted a number of unique
challenges of this years rate setting process, such as rates convergence, integration
of transferring services and information on rates income for 2015/16. Since then a
capital workshop was held with members which looked at a range of commitments
and proposals which the Council will need to examine in more detail in the context
of both it’s corporate plan and a medium term financial plan.
To enable officers to adequately brief members on these issues it is proposed to
hold a workshop on 26 November 2014, by which time it is envisaged that some of
these issues will be much clearer. The workshop will cover the following topics, the
Councils corporate plan, rates convergence, capital and revenue commitments for
2015/16, transferring services budgets, and the 2015/16 estimates.
Combining the above factors with the current uncertainty surrounding the impact
of central government cuts to public expenditure, and the effect this may have on
the various grants the Council receives, it is recommended that the Council adopt
the following principles to next year’s budgets: ‐
‐ Any service development proposals will be rates neutral;
‐ Salaries and Wages budgets are based on the staffing levels contained in the
2014/15 budgets;
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‐ Salaries and wages budgets are increased by 1.5% (to make provision for a pay
rise);
‐ Non payroll budgets are not increased (this will be a real terms reduction);
‐ Officers are tasked with absorbing current cost pressures within the totality of
their current budgets;
‐ All non‐recurrent budgets are removed such as those being funded from
reserves in 2014/15;
‐ Current capital commitments are brought forward and other proposals are
deferred pending the establishment of a Strategic Assets & Capital Steering Group.
In addition to the above principles members should note a number of other
adjustments will have to be made to the budgets of the current Councils, for
example to take account of the Councils new organisation structure and the new
arrangements for the delivery of services currently undertaken by Group Building
Control and Environmental Health.
Members will be aware that the three existing Councils receive grant funding from
a number of sources within central government to fund services such as
Community Relations, Tourism and Economic Development. The two most
significant grants come from the Department of the Environment, i.e. the
Resources and De‐Rating grants, which in the current year amount to £7.5m across
the existing three Councils. An analysis of the other grants is set out in
Appendix B.
As can be seen from this analysis should these grants be reduced as a result of the
current pressure on public expenditure the Council will be faced with a choice of
increasing the rates to cover the shortfall, decreasing the expenditure associated
with these grants, decreasing expenditure in other areas or a combination of some
or all of these options.
3.3
RECOMMENDATION
It is recommended that members agree to the estimates principles outlined above
and note the date of the Estimates Workshop.
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4.0
FINANCIAL ANALYSIS
Purpose
Decision(s) Required:
Members are asked to note the report.
Lead Officer
Graham Coulter, Head of Finance
4.1
BACKGROUND
In response to a request from a previous Finance and Resources committee this
report sets out some details of the Councils finances, assets and liabilities.
4.2
DETAIL
In terms of the Councils assets, liabilities and expenditure, the new Council will have
assets in excess of £162m, long term borrowing of almost £50m, the expenditure for
the three Councils for 2013/14 is set out below: ‐
£m
Employee Expenditure
32.5
MRP
7.3
Other Expenditure
38.0
Total
77.8
Whilst there are differences between each Council in terms of its make up between
employee spend, capital investment and other expenditure, this simply reflects
different choices Councils have made in terms of their organisational design or their
corporate strategy, e.g. direct service provision vs grant distribution to groups,
contracting out the service, investing in front line services or community
infrastructure.
In terms of the reserves position across the three councils, the accounts at the end of
March 2015 showed the following position: ‐
Total
£
Capital Fund
2,
920,072
Other Balances and Reserves
4,
735,253
General Fund
11,
569,702
19,
225,027
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Members will be aware that the three existing Councils are currently reviewing their
reserves position with the intention of bring forward a minimum of 7.5% of their net
spend forward into the new Council. The starting position for the new Council is
therefore likely to be as follows: ‐
£
Armagh
1,500,000
Banbridge
1,100,000
Craigavon
1,750,000
4,350,000
4.3
RECOMMENDATION
It is recommended that members note this report.
5.0 Accommodation for Transfer of Planning Service Purpose
Decision Required:
It is recommended that members approve:
1. the procurement and appointment of a design team with a view
to them developing an detailed options appraisal of proposed
works to the Banbridge Civic building which when approved will
also develop the detailed specification for tendering purposes,
and;
2. approve the short term option that the Planning Service
remain in Marlborough House until the contract works have been
completed.
Lead Officer
Roger Wilson, Chief Executive
5.1 BACKGROUND
From the 1st April 2015 Armagh, Banbridge and Craigavon District Council will be
responsible for the Planning function. At a special Council meeting on 11 September
the Council agreed that this function, including the Planning Committee, would be
delivered from Banbridge.
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It was always envisaged that enabling works would be required to accommodate
Planning Service, however fixed wiring reports have indicated that immediate
electrical, mechanical and building maintenance repairs to the Old Technical building
are required and that electrical works will be required within the next two years to the
Councils Civic building.
The works to the Old Technical College are at an urgent stage and officers are
currently liaising with Banbridge Council concerning the extent of work that needs to
be undertaken and potential cost. As works to the Old Technical College will be
undertaken by Banbridge District Council, approval by the Shadow Council will be
required.
As previously requested by members, information with regard to such works has been
requested by shadow Council officers and this is currently being compiled by
Banbridge Council. It is expected that formal approval will be sought from the Shadow
Council in December.
5.2 DETAIL
Following the Councils decision to locate the Planning Service in Banbridge, officers
have been looking at various options of where the staff could be located and the
impact this would have on the existing staff. The two main buildings being considered
are the Civic Building and the Old Technical building (located near the Civic Building).
The recent fixed wiring report which was completed for the Civic Building in Banbridge
highlighted that major electrical works (re‐wire) are required within the next two
years. The recent condition survey also identifies a number of issues which should be
taken into consideration in any proposed works contract to this building.
In light of these essential works, alongside the request that will follow from Banbridge
to carry out electrical works to their Old Technical Building, it would therefore be
worth considering carrying out all the works in sequence and look at an alternative
short term location for the Planning Service. This would save disrupting the service to
the public three times, i.e. moving the staff to Banbridge, then having to find
alternative temporary accommodation whilst the work is carried out in a year or so,
then moving them back into their permanent location. The former HMRC building in
Banbridge is currently available for a short term lease and using it to decant staff from
the Old Technical College and the civic building whilst the works there are being
carried out.
It is therefore recommended that the Council approve the work to the Civic Building
after work has been completed to the Old Technical building. A design team has not
yet been appointed and as such accurate costs have yet to be determined.
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If the Council were to agree to the above, then until the works have been completed
the following short term accommodation options for the Planning Service need to be
considered: ‐
1. The Planning Service move out of Marlborough House to other accommodation in
ABC.
2. The Planning Service move out of Marlborough House to office accommodation in
ABC which has been leased for the duration of the works to the Civic building.
3. The Planning Service remains in Marlborough House until the works are
completed to the Civic building.
In terms of the impact on the Planning service, its staff and customers, alongside the
cost, the preferred short term solution is option 3. Minor enabling work would be
required i.e. connecting them to the Councils ICT network.
Option 3 Impact
Item
Impact
1.
Accommodation Cost
Cost neutral
2.
Staff Impact
Low impact as staff remain in their current location
3.
Customers
Low impact same address and contract details
5.3 DECLARATIONS OF INTEREST
Officers are not aware of any Declarations of Interest to be made in relation to this
item.
5.4 RECOMMENDATIONS
It is recommended that members approve:
1.
the procurement and appointment of a design team with a view to them
developing an detailed options appraisal of proposed works to the Banbridge
Civic building which when approved will also develop the detailed specification
for tendering purposes, and;
2.
approve the short term option that the Planning Service remain in
Marlborough House until the contract works have been completed.
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Appendix A
Summary Estimates 2014/2015
Armagh
Banbridge
Craigavon
Group
Total
£
£
£
£
£
Corporate Services Directorate
2
,726,056 2
,148,815 4
,200,712 ‐
9
,075,583
Building Control Directorate
12
,811 80
,331 60
,314 14
9,357 30
2,813
Community Services
26
7,362 35
5,160 1
,100,310 ‐
1
,722,832
Tourism
1
,494,358 39
3,318 24
6,411 ‐
2
,134,087
Economic Development
4
96,021 43
2,294 1
,162,251 ‐
2
,090,566
Cultural
80
1,662 39
3,258 72
3,971 ‐
1
,918,891
Environmental Health
63
4,393 65
4,147 86
6,944 33
7,543 2
,493,027
Technical Services
4
,710,370 3
,880,775 9
,996,442 ‐
1
8,587,587
Estates Directorate
81
8,289 10
2,270 37
0,711 ‐
1
,291,270
Rec parks and Open spaces
84
9,368 86
8,512 1
,619,670 ‐
3
,337,550
Sports Development
1
39,132 19
0,086 35
1,709 ‐
68
0,927
Indoor sports
88
1,947 1
,400,106 2
,271,872 ‐
4
,553,925
Outdoor Sports
43
7,307 32
0,488 84
0,951 ‐
1
,598,746
1
4,269,076 1
1,219,560 23,
812,268 48
6,900 4
9,787,804
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Appendix B
Summary of Grant Income 2014/15
Armagh
Banbridge Craigavon
Total
£
£
£
£
Corporate Services
71
,063 42
,022 87,
030 200
,115
Community Services
595
,310 438
,583 6
27,588 1,
661,481
Tourism
3
4,000 16
,250 1
61,459 211
,709
Economic Development
461
,663 40
,000 2
31,324 732
,987
Cultural
‐
‐
53,
000 53
,000
Environmental Health
33
,550 27
,000 60,
000 120
,550
Rec parks and Open spaces
‐
44
,000 ‐
44
,000
Sports Development
‐
5,
000 2
97,441 302
,441
Indoor sports
30
,000 ‐
‐
30
,000
Outdoor Sports
‐
‐
1
42,382 142
,382
Countryside Management
‐
‐
7,
500 7
,500
Sub Total
1,
225,586 612
,855 1,
667,724 3,
506,165
Resources Grant
830
,182 1
,157,615 1,
079,349 3,
067,146
De‐Rating Grant
1,
679,061 481
,500 2,
300,022 4,
460,583
Grand Total
3,
734,829 2
,251,970 5,
047,095 1
1,033,894
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HEAD OF HUMAN RESOURCES REPORT
Report to:
Finance and Resources Committee
Date:
6 November 2014
Agenda Item No.
4
Reporting Officer:
Roger Wilson, Chief Executive
ITEM FOR NOTING
1.0
LOCAL GOVERNMENT EMPLOYEE & COUNCILLOR WORKING RELATIONSHIP
PROTOCOL
Purpose
Decision Required:
That Members note the finalised version of the Local Government
Employee & Councillor Working Relationship Protocol as detailed in
Appendix 1.
Lead Officer
Sharon Currans, Head of Human Resources
1.1
BACKGROUND
As Members will be aware, the NI Local Government Code of Conduct for Councillors
is now in place. As a separate exercise, the Local Government Reform Joint Forum
(LGRJF) has reviewed the Local Government Officer Code of Conduct.
1.2
DETAIL
A protocol on working relationships between councillors and Local Government
Officers was previously annexed to the Local Government Office Code of Conduct
and the Department has revised this after a widespread consultation exercise with
key stakeholders. The agreed Working Relationship Protocol is attached at
Appendix
1.
1.3
RECOMMENDATION (S)
That Members note the finalised version of the Local Government Employee &
Councillor Working Relationship Protocol as detailed in
Appendix 1.
Page
1 of
1
Local Government Employee
&
Councillor
Working Relationship
Protocol
Issued: October 2014
Local Government Employee and Councillor
Working Relationship Protocol
1.0 Introduction
1.1 The Local Government Act (Northern Ireland) 2014 (the 2014 Act) creates a
new environment for Local Government in Northern Ireland. The 2014 Act
includes a new ethical framework for local government, a key element of which
is the introduction of a mandatory Code of Conduct for Councillors.
1.2 The 2014 Act imposes a mandatory requirement for Councillors to observe the
Northern Ireland Local Government Code of Conduct for Councillors (the
Councillor Code), which establishes mechanisms for the investigation and
adjudication of complaints and for appeals. With the exception of Part 9
(Planning), the Code came into force on 28 May 2014 the Part of the Code
which deals with planning will come into effect from 1 April 2015.
1.3 The Local Government Staff Commission for Northern Ireland is responsible for
issuing the Code of Conduct for Local Government Employees (2004) (the
Employee Code). In conjunction with the Local Government Reform Joint
Forum, the Commission has prepared a revised Code of Conduct for Local
Government Employees due to come into effect from 1 April 2015.
1.4 Local Government has already established policies and procedures to resolve
issues that Employees (for the purpose of this protocol the term ‘Employees’ or
members of staff should be taken to mean any individual employed by a council
including those working both full time and part time on a permanent, temporary,
fixed term or inward secondment basis. The Protocol also applies to seasonal
and casual staff, agency workers and volunteers while they are engaged in
carrying out duties for the council), may encounter in the workplace. This
protocol does not override any existing Employee policies or legal obligations
but seeks to clarify the expected working relationship between Councillors and
Employees.
2.0 Purpose
2.1 The protocol is intended to set out the working relationship between Councillors
and Employees of councils. It relates to all aspects of the working environment,
both physical and virtual. The protocol also advises of the steps to be taken to
deal with concerns at an early stage to reduce negative impacts upon
Councillors or Employees and ensure the prompt resolution of any difficulties
which may arise. All issues raised under the remit of this protocol must be
dealt with in the strictest confidence.
2.2 The protocol should also assist in furthering and developing a harmonious
working environment with positive, constructive and professional relationships
between Employees and Councillors.
2.3 The protocol reflects the content of both Employee and Councillor Codes of
Conduct that demand the highest standards of personal conduct at all times. It
upholds the seven Nolan Principles and the additional principles of public life:-
Public Duty – have a duty to uphold the law and to act on all occasions in
accordance with the public trust placed in them; to act in the interests of the
community as a whole.
Selflessness - should act in the public interest at all times and should take
decisions solely in terms of the public interest. They should not act in order to
gain financial or other material benefits for themselves, their family, friends or
associates.
Integrity - should not place themselves under any financial or other obligation
to outside individuals or organisations, which might reasonably be thought by
others to influence them in the performance of their duties.
Objectivity - in carrying out public business, including considering public
appointments, awarding contracts, or recommending individuals for rewards
and benefits, they should make choices on merit.
Accountability - are accountable to the public for their decisions and actions
and for the way that they carry out their responsibilities and must submit
themselves to whatever scrutiny is appropriate to their office.
Openness - should be as open as possible about the decisions and actions
that they take. They should give reasons for their decisions when required and
restrict information only when the wider public interest clearly demands it.
Honesty – should act honestly. They have a duty to declare any private
interests relating to their public duties and should take steps to resolve any
conflicts between their private interests and public duties at once and in a way
that protects the public interest.
Leadership - should promote and support these principles by leadership and
example in order to establish and maintain the trust and confidence of the
public, to ensure the integrity of their council in conducting business.
Equality - should promote equality of opportunity and not discriminate against
any person by treating people with respect regardless of race, age, religion,
gender, sexual orientation, disability, political opinion, marital status and
whether or not a person has dependants.
Promoting Good Relations – should
act in a way that is conducive to
promoting good relations by providing a positive example for the wider
community to follow and that seeks to promote a culture of respect, equality
and embrace diversity in all its forms.
Respect –
Employees and Councillors are reminded that it is acknowledged
that the exchange of ideas and opinions on policies may be robust but this
should be kept in context and not extended to individuals being subjected to
unreasonable and excessive personal attack. They should keep in mind that
rude and offensive behaviour may lower the public’s regard for, and
confidence in, Employees, Councillors and councils, they should therefore
show respect and consideration for others at all times.
Good Working Relationships - Councillors and Employees are servants of
the public, and are interdependent upon one another. But their responsibilities
are distinct. Employees are ultimately responsible to the Chief Executive
1;
Councillors are responsible to the electorate. The working relationship
between Councillors and Employees must at all times be professional,
courteous and based on mutual respect and trust. Neither party should seek to
take unfair advantage of their position. All Councillors and Employees are
responsible for ensuring they understand what behaviour is required of them,
complying with respective Codes of Conduct. Both share a responsibility for
understanding sensitivities and feelings of others and avoiding behaviour that
could cause offence or distress.
3.0 Conduct of Local Government Employees towards Councillors
3.1 Employees must treat all political groups and individual Councillors equally,
fairly and remain politically neutral at all times. Employees will provide
professional, impartial and effective support, to enable Councillors to fulfil their
role, in and on behalf of, the council. Employees will not seek to influence or
lobby a Councillor with regards to personal issues.
3.2 It is important that there should be good working relationships between senior
council employees and Chairs of Committees / Mayors. However such
relationships should not be allowed to become so close as to cast doubt either
on an officer’s ability to deal impartially with other councillors, or the
Chair/Mayor’s ability to deal impartially with other employees.
4.0 Procedure
4.1 In the event that a Councillor wishes to raise either an informal or formal
complaint regarding the conduct or behaviour of an Employee, the following
process should be followed:
Informal Approach
4.2 A Councillor should seek to raise the matter in the first instance with the
relevant Head of Service or Director who should seek to resolve the matter with
the Employee concerned. The Councillor must not engage directly with the
Employee, nor make any attempt to reprimand or discipline the Employee.
4.3 If the matter is about the conduct of an Employee at Head of Service or Director
level, the Councillor should address their concern to the Chief Executive.
4.4 The Head of Service/Director/Chief Executive will undertake to resolve the
matter through discussions with the Employee concerned and report on the
outcome to the Councillor.
[1 A Chief Executive is also an employee and is ultimately responsible to the Council]
Formal Approach
4.5 If the Councillor is unhappy with the outcome of the informal approach or
considers the initial complaint to be of a serious nature, they should raise the
matter with the relevant Head of Service or Director and make their Party
Group Leader, if relevant, aware of the complaint.
4.6 The relevant Head of Service/Director (or Chief Executive if applicable), will
ensure the matter is investigated according to the relevant council procedures
consulting with appropriate human resource sections.
4.7 The outcome of the investigation may result in:-
no further action being required,
a verbal or written apology to the Councillor with an acknowledgement by the
Employee that their conduct failed to meet the agreed standard and an
undertaking that there will be no recurrence or
referral for consideration under the council’s disciplinary procedure.
4.8 The Head of Service/Director (or Chief Executive if applicable), will write to the
Councillor and Group Party Leader, if relevant, advising of the outcome.
4.9 The Employee will be informed in accordance with the relevant council
procedures.
4.10 If the complaint is in relation to the Chief Executive the procedures specified in
the Joint Negotiating Committee (JNC) for Chief Executives of Local Authorities
or the appropriate mechanism at that time will be followed.
5.0 Conduct of Councillors towards Employees
5.1 Councillors’ engagement with Employees must be equitable, reasonable,
courteous and respectful and ensure that the impartiality of Employees is not
compromised. Councillors must abide by their Code and their council’s standing
orders.
Procedure
5.2 In the event that an Employee wishes to raise either an informal or formal
complaint regarding the conduct or behaviour of a Councillor, the appropriate
support must be provided by their respective line manager and the following
procedure should be followed:
Informal Approach
5.3 An Employee should seek to raise the matter in the first instance with their
relevant Head of Service or Director, providing details of the incident that has
occurred. The Employee must not engage directly with the Councillor. If
necessary, the Head of Service or Director may involve the Group Party
Leader, if relevant.
5.4 The Head of Service or Director will undertake to resolve the matter through
discussions with the Councillor concerned and report on the outcome to the
Employee and the Chief Executive.
Formal Approach
5.5 If the Employee is unhappy with the outcome of the informal approach or
considers their complaint to be of a serious nature, they may wish to consult
with their recognised Trade Union representative, if applicable prior to raising
the matter formally (verbally or in writing) with the relevant Head of Service or
Director. The Employee and their representative may also raise the complaint
directly with the senior Human Resource Employee in the Council.
5.6 The relevant Head of Service/ Director, (or senior HR Employee if applicable),
will ensure the matter is investigated according to the appropriate council
investigatory process.
5.7 The Councillor and Party Group Leader, if relevant, will be advised of the
complaint and should agree to co-operate with the investigation to establish the
facts.
5.8 The outcome of the investigation may result in:-
no further action being required, or
a verbal or written apology to the Employee with an acknowledgement by the
Councillor that their conduct failed to meet the agreed standards and an
undertaking that there will be no recurrence.
5.9 If the Head of Service/Director (or senior HR Employee), considers that the
circumstances of the complaint is sufficiently serious or a pattern of behaviour
emerges, they may recommend to the Chief Executive that the matter is raised
at a formal meeting with the Party Group Leader, if relevant. The minutes of
this meeting should be presented to the appropriate governance committee for
consideration.
5.10 The Head of Service/ Director (or senior HR Employee), will write to the
Employee (and where appropriate their recognised Trade Union representative)
advising of the outcome. If the Employee is unhappy with the outcome, they
may request that their complaint be reviewed by the Chief Executive. The
Chief Executive will review the complaint and advise the Employee (and their
Trade Union representative) of their decision.
5.11 The Councillor and the Group Party Leader, if relevant, will be informed in
writing of the outcome of the investigation and consideration of further action.
(To note: This protocol does not preclude an employee, at anytime, if they think it
necessary, to write to the Commissioner for Complaints setting out how, in their
opinion, a Councillor has breached the Code).
This protocol is the interface between current Councillor and Employee Codes
of Conduct, which require the highest standards of personal conduct,
including activities on social media, to be maintained at all times.
Document Outline