Agenda item

To consider issues relating to the appointments to outside bodies by Cheshire East Council from 1 April 2009 and agree a process for dealing with them.

Report of the Governance Group attached.

Karen McIlwaineon behalf of the Governance Group presented a paper highlighting issues relating to the appointment to Outside Bodies by Cheshire East Council from 1 April and sought direction for a process to deal with such appointments.

Examples of outside bodies and the number of appointments currently made by existing authorities were set out in Appendix 1 to the paper. Nominees appointed to organisations were usually members but could also include officers.  There was no clear definition of an outside body and consideration was given to including joint working arrangements such as shared use agreements so that appointments were not otherwise overlooked.  The appointment of representatives to outside bodies could have implications for appointees, particularly those appointed as trustees or company directors. It was essential that members were aware of their roles within outside bodies and their legal responsibilities. A structured approach to appointments following good practice was outlined in Appendix 2 to the paper. The approach would limit potential risk for both elected members and the new authority. Appendix 2 also referred to indemnities for members, which had been addressed in a separate report earlier on the agenda (Minute 14 refers).

It was suggested that as well as reviewing the process of making appointments to outside bodies, changes required to ensure the new authority can continue its involvement should be identified, e.g. amendments to governance arrangements or to exit from the organisation. The paper indicated that members and officers attend various conferences throughout the municipal year – for example the LGA Annual Conference. It was suggested that attendance at conferences be included within the remit of any review to ensure that maximum benefit is derived to officers, members and the new authority.   The paper recommended that a link be established with the Performance and Capacity Block looking at Local Strategic Partnerships, to which representatives of some outside bodies are appointed to ensure consistency. 

To maximise future benefit to the community and the new authority, it was recommended that a process be developed for making appointments in the future, which is rational, manageable and compatible with corporate objectives. It was also suggested there be identification of legal and other issues to be addressed which will enable representation on key outside bodies to continue. Representations had been made to the Department of Communities and Local Government for regulations to allow existing appointees to continue as representatives of the new authority, post 1 April 2009, to facilitate the transition.  Members then considered a number of options open to the new authority and noted that any requests received by the shadow authority to appoint representatives to outside bodies over the next 9 months as part of the transition process should be dealt with as part of the work outlined in the report.

Members considered the various options set out in the report and noted option 4 in particular, a member led review of the appointments process that proposed the establishment of an Advisory or similar committee based on a small number of members set up as a working party to devise a work programme and develop recommendations to deal with appointments and implement best practice. A key advantage of this option was ownership at member level due to involvement in the process.

RESOLVED

1. That in order to put an effective and manageable process for appointments to outside bodies from 1 April 2009, to agree option 4, a member led review of the appointments process (as set out in paragraph 9.1) as the preferred approach to appointments and outside bodies

2. To agree the actions outlined in paragraph 9.2

3. To agree that the remit of the working party includes attendance at annual conferences, bodies of the nature outlined in paragraph 7.2, 7.3 and 7.5 and the appointment of both officers and members.

4. To agree that the appointment of members to outside bodies by the shadow authority be addressed as part of the work outlined in this report.

5. The membership of the working party consist of the Chairman of Committee – Councillor Tony Ranfield together with Councillors Roy Cartlidge; Shirley Jones; Rodney Walker; Paul Whiteley.