To note details of action taken by the Chairman since the last meeting as follows:
1. Waiving of Finance Procedure Rule 5.30
§ Free Swimming for under 16year olds.
§ Appointment of an Interim Places Director
§ Procurement of suitably experienced advice and resources on shared services
2. Urgent decision Standing Order no 25
§ Appointment of Interim Head of Children's Services.
Minutes:
The Chairman reported that he had taken the following action since the last meeting:
1. Decision taken under Urgency Procedure Rules - Free Swimming Programme
To approve acceptance of the Government’s Free Swimming Programme offers of funding for the 16 and under age category, and capital improvements, so that a formal response of this decision can be made to the Department for Culture and Media and Sport by 24 October 2008. A report to explore how the programme would be taken forward would be submitted to Cabinet.
The reason for urgency was that on 10 September 2008 Cabinet confirmed its intention that Cheshire East participate in the Government’s Free Swimming Programme for persons aged 60 and over, from 1 April 2009 and a response was sent to the Department for Culture Media and Sport to that effect, by the 15 September deadline. Cabinet approved an expression of interest on a further element of the scheme to provide free swimming for 16s and under, and funding for swimming pool modernisation. The deadline for response was 24 October.
2. Decision taken under Urgency Procedure Rules – Director of Places
Following the decision of the selected candidate for the post of Director for Places not to take up the offer of employment, and the decision of the Staffing Committee on 20 October 2008, the need arose to source an interim Director to fulfill the duties of the post on a temporary basis pending permanent recruitment to the post.
The reason for urgency was that due to the specialist nature of the role, the volume of work being undertaken by the emerging shadow Council and the need to ensure a smooth transition at this critical time in the Council’s development, and the time which it would take to recruit a permanent candidate to the post using external advertisement. The following action was proposed:
2. To waive the Finance Procedure Rules, under Rule 5.30 thereof, on the basis that circumstances have arisen which in the opinion of both the Interim Chief Finance Officer and Interim Monitoring Officer (being the equivalent officers within Cheshire East Council of the County Finance Officer and County Solicitor), warrant an exception to the requirements for competition, to include when an emergency requires an immediate contract (which should in any event be procured from an approved list of suppliers where available), noting that there is no such “list of approved suppliers” in this case.
3. To seek the services of an Interim Director for Places from Gatenby Sanderson, with whom the Council already has a working relationship on other procurement matters, and since verbal enquiries with two other leading suppliers of the same kind of services have established that similar costs would be incurred whichever supplier was utilised.
3. Decision taken under Urgency Procedure Rules – Shared Services
Following consideration by Cheshire East of the possibility of certain services being shared services for both Cheshire East and Cheshire West and Chester Councils, and the commissioning by Cheshire County Council, on behalf of both shadow Councils, of a report and advice on the subject by Deloittes, the need arose to continue to procure further suitably experienced advice and resources in this field to assist Cheshire East Council to further consider and establish more firmly its own position in relation to shared services. Specifically, advice upon a proposed statement of requirements, the proposed Governance Model and preparation of a Negotiation Strategy was required.
The reason for urgency was that advice to Cheshire East on shared services has, to date, been supplied by Deloittes, who were commissioned to do initial work on behalf of both shadow authorities. The representative of Deloittes carrying out this work has been John Newton. Mr Newton has very recently left the employment of Deloittes and now works through New Networks Limited. Given the degree of expertise Mr Newton has in this field and particularly his input thus far into advice to Cheshire East, and the need for urgent decisions on which if any services should be shared, Cheshire East needs procure its own advice at this point in the exercise. The difficulty in finding another supplier of advice who would be able to provide the necessary continuity following the work done so far so far, leads to the urgency in obtaining this further advice through New Networks Limited as soon as possible. The following action was proposed:
4. Decision taken under Urgency Procedure Rules – Interim Head of Children and Family Services
A single application was received for the post of Head of Children and Family Services when it was advertised internally. On 11th November, 2008 the Strategic Director (People) decided that the post should be advertised nationally, in pursuit of candidates of the calibre likely to be needed to fulfil these duties effectively. The closing date for applications elicited by that national advertisement was 12 December, 2008. Managers operating at the level of this post would be on three month's notice. It cannot therefore be expected that a person appointed as a result of this phase of recruitment would be in post before 31 March, 2009. Consequently, the need arose to source an interim Head of Children and Family Services to fulfil the duties of the post on a temporary basis pending permanent recruitment to the post.
The reason for urgency was that due to the specialist nature of the role, the volume of work being undertaken by the emerging shadow Council and the need to ensure a smooth transition at this critical time in the Council’s development, and the time which would be taken to recruit a permanent candidate to the post using external advertisement. The following action was proposed:
5. Decision taken under Urgency Procedure Rules – Electoral Appointee
To delegate to the Interim Monitoring Officer the ability to make an urgent decision to appoint an “electoral appointee” by 30 November 2008, as required by Regulation 9 of the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008.
The reason for urgency was that the statutory instrument enacting this obligation was made on 5 November and came into force on 28 November, with the appointment required by not later than 30 November. There was no full Council, which would otherwise have made the decision, available until 9 December. Although the Chief Executive was already designated as Returning Officer, there were additional electoral responsibilities contained within the role of “electoral appointee” and therefore a designation to this role needed to be made. The Chief Executive is the only current officer of the Council to whom it is appropriate to designate this role. Since the Chief Executive is also the only officer currently having power to make urgent decisions, it is proper for the appointment decision to be made by a different officer of the Council, and the Interim Monitoring Officer is the most suitable to make that decision.
6. Response to Department of Communities and Local Government Consultations
The Chairman reported that as agreed at the last meeting of the Committee (Minute 23 refers) a response had been formulated to the Improving Local Accountability Consultation Paper. He informed the Committee that the response set out the intention to establish a separate Committee to deal with Health and Adult Social Care Scrutiny, the potential impact of the proposals in the Consultation Paper on resources and the need for resources to be made available for dedicated trained officers to support the work on the Scrutiny Committees. In addition the Chairman reported that he would be discussing the matter of resources further with the Chief Executive and the Leader of the Council.
RESOLVED – that