Agenda and minutes

of the previous meeting held on 16 February 2018 attached.

RESOLVED that the Minutes of the Budget Meeting of the Authority held on 16 February 2018 be signed as a correct record.

The Chair of the Committee, Councillor Bown, to MOVE the Minutes of the meeting held on 23 March 2018

RECOMMENDATIONS

(i)         that the recommendation at Minute HRMDC/24 (Provision of Vehicles to Employees), reproduced below for ease of reference, be approved;

“RESOLVED that the Devon & Somerset Fire & Rescue Authority be recommended to approve:

(a)         discontinuation of the Contract Car Hire Schemes for both uniformed and non-uniformed employees;

(b)         the introduction of a Car Allowance option for eligible officers (as defined in the report) who wish to have a vehicle for both business and private use;

(c)         subject to (b) above, consultation with employees on and subsequent implementation of Car Allowance payments and mileage rates on the basis of the options as set out in Appendix A to report HRMDC/17/21;

(d)         payment of an Essential User Allowance, on the basis of the options identified in Appendix A to the report, for other employees not covered by (b) above but who are required to provide a vehicle for business use.”

(NOTE:  A copy of report HRMDC/18/21 – Provision of Vehicles to Employees – as considered by the Committee is attached as Appendix A to these Minutes)

(ii)        that, subject to (i) above, the Minutes be adopted in accordance with Standing Orders.

The Chair of the Committee for this meeting, Councillor Healey, MOVED the Minutes of the meeting held on 23 March 2018 which had considered, amongst other things:

·         a quarterly update on workforce culture, diversity and inclusion;

·         production of the first Gender Pay Gap report for the Service;

·         a report on proposed alternative approach to the provision of vehicles for Service employees; and

·         a report on absence management and the health of the organisation.

For ease of reference, a copy of report HRMDC/18/21 (“Provision of Vehicles to Employees”), as considered by the Committee at its meeting, was appended to the Minutes.

RESOLVED

(i)    that, as recommended by the Committee (Minute HRMDC/24 refers), the following be approved:

                    A.        discontinuation of the Contract Car Hire Scheme for both uniformed and non-uniformed employees;

                    B.        the introduction of a car allowance option for eligible officers (as defined in report HRMDC/18/21) who wish to have a vehicle for both business and private use;

                   C.        consultation with employees on and subsequent implementation of car allowance payments and mileage rates on the basis of one of the options as set out in Appendix B to the report; and

                   D.        payment of an Essential User Allowance, on the basis of one of the options identified in Appendix A to the report, for other employees not covered by (B) above but who are required to provide a vehicle for business use;

(ii)   that, subject to (i) above, the Minutes be adopted in accordance with Standing Orders.

The Chair of the Committee, Councillor Thomas, to MOVE the Minutes of the meeting held on 9 April 2018.

RECOMMENDATIONS

    (i).             that the recommendations at Minute DDC/2 (Review of Current Standards Arrangements), reproduced below for ease reference, be approved

“RESOLVED that, subject to incorporation of those amendments as indicated at the meeting, the Authority be recommended to approve:

(a).      the revised Code of Conduct as set out at Appendix A to report DDC/18/1;

(b).      the revised form for Declaration of Members’ Registerable Interests as set out at Appendix B to the report;

(c).      the revised Guide to Making a Complaint as set out at Appendix C to the report;

(d).      the renaming of the Committee to the Standards Committee;

(e).      the revised Terms of Reference for the Standards Committee as set out at Appendix D to the report; and

(f).       authorisation for the Clerk to make consequential amendments stemming from (a) to (e) above.”

   (ii).             that the recommendations at Minute DDC/3 (Consultation on Review of Local Authority Ethical Standards), reproduced below for ease of reference, be approved;

“RESOLVED that the Authority be recommended:

(a).      to approve the draft response to the Committee on Standards in Public Life consultation on local government ethical standards, as appended to report DDC/18/2 but amended as indicated at the meeting; and

(b).      to authorise the Clerk to submit the approved response on behalf of the Authority.” 

(NOTE:  The documents referred to in recommendations (i) and (ii) above, amended as required by the Committee, are attached as Appendices A to E of these Minutes);

  (iii).             that, subject to (i) and (ii) above, the Minutes be adopted in accordance with Standing Orders.

The Chair of the Committee, Councillor Thomas, MOVED the Minutes of the Committee held on 9 April 2018 which had considered:

·         a report on a review of current Standards arrangements, including proposals for a revised Code of Conduct and associated documentation; and

·         a report on a consultation on reviewing local government ethical standards.

For ease of reference, the revised Standards documentation and proposed consultation response, amended as required by the Committee, were appended to the Minutes.

RESOLVED

(i)         that, as recommended by the Committee (Minutes DDC/3 and DDC/4 refer):

A.    the revised Code of Conduct attached as Appendix A to the Minutes be approved;

B.    the revised form for Declaration of Members’ Registerable Interests attached as Appendix B to the Minutes be approved;

C.   the revised Guide to Making a Complaint attached as Appendix C to the Minutes be approved;

D.   the Committee be renamed as the Standards Committee;

E.    the revised Terms of Reference for the Standards Committee attached as Appendix D to the Minutes be approved;

F.    the Clerk to the Authority be authorised to make consequential amendments to the Authority’s constitutional governance framework stemming from the decisions at A to E inclusive above;

G.   the draft response to the Committee on Standards in Public Life consultation on local government ethical standards attached as Appendix E to the Minutes be approved and the Clerk authorised to submit it on behalf of the Authority;

(ii)        that, subject to (i) above, the Minutes be adopted in accordance with Standing Orders.

The Chair of the Committee, Councillor Coles, to MOVE the non-restricted Minutes of the meeting held on 11 April 2018 attached.

RECOMMENDATION that the non-restricted Minutes be adopted in accordance with Standing Orders.

(SEE ALSO AGENDA ITEM 15 BELOW).

The Chair of the Committee, Councillor Coles, MOVED the non-restricted Minutes of the special meeting held on 11 April 2018 which had considered:

·         a proposal for an additional meeting date for the Committee in May 2018; and

·         a Red One Ltd. update report.

RESOLVED that the non-restricted Minutes be adopted in accordance with Standing Orders.

(SEE ALSO MINUTE DSFRA/80 BELOW)

The Chair of the Committee, Councillor Wheeler, to MOVE the Minutes of the meeting held on 26 April 2018 (TO FOLLOW).

RECOMMENDATION that the Minutes be adopted in accordance with Standing Orders.

The Chair of the Committee, Councillor Wheeler, MOVED the Minutes of the Committee held on 26 April 2018 which had considered, amongst other things:

·         an update report on work undertaken for the Authority by its external auditor, Grant Thornton;

·         compliance letters required in accordance with International Financial Reporting Standards (IFRS) ISA240;

·         the external audit plan for 2017-18;

·         the external audit fee letter 2018-19;

·         a report on progress against the approved internal audit plan 2017-18;

·         the internal audit plan 2018-19;

·         a report on the Authority’s Policy for the Regulation of Investigatory Powers Act (RIPA) 2000 and the outcome of recent inspection;

·         a report on performance of the Devon & Somerset Fire & Rescue Service against agreed measures during the period April to December 2017, with a particular focus on the third quarter of 2017-18; and

·         an progress report following audit and review of IT security.

RESOLVED that the Minutes be adopted in accordance with Standing Orders.

Report of the Chief Fire Officer (DSFRA/18/6) attached.

The Authority received, for information, a report of the Chief Fire Officer (DSFRA/18/6) on the introduction of improvement in Control Room operating procedures following the fatality at Sussex Road in October 2016.  The improvement, named in memory of the deceased, would facilitate any staff member present in the Control Room when a call was received to require attendance of an appliance in instances where the member of staff held a reasonable belief that life could be at risk.

Report of the Director of Corporate Services (DSFRA/18/7) attached.

The Authority considered a report of the Director of Corporate Services (DSFRA/18/7) on recent correspondence with the Home Office in light of the previous response of the Authority to proposed revisions to its Combination Scheme to facilitate Police & Crime Commissioners joining the Authority. 

Specifically, the Home Office was seeking clarification as to whether the Authority wished its response to the consultation to be regarded as a formal objection necessitating a public inquiry in accordance with the provisions of the Fire & Rescue Services Act 2004.

RESOLVED that the Clerk to the Authority be authorised to advise the Home Office that the Authority would not wish its response to the earlier consultation on Police & Crime Commissioners joining the Authority to be treated as a formal objection.

(NOTE:  In accordance with Standing Order 24(3), Councillor Colthorpe requested that her vote against this decision be recorded)

Report of the Director of Corporate Services (DSFRA/18/8) attached.

(Councillors Saywell and Thomas each declared a personal, non-pecuniary interest in this item [and abstained from voting on it] by virtue of being appointed by the Authority to serve as non-executive directors on the Board of Red One Ltd.)

The Authority considered a report of the Director of Corporate Services (DSFRA/18/8) on a process for the appointment of Members of the Authority to serve as non-executive directors on the Board of Red One Ltd.  As had happened previously, it was proposed that the Clerk be authorised to commission an independent external company specialising in the appointment of non-executive directors to undertake a process to identify and recommend to the Authority up to three Authority Members to serve as non-executive directors on the Board.  In response to questions, the Director of Corporate Services confirmed that a proportionate procurement exercise would be undertaken to identify the external company to be used for this exercise.

Given the forthcoming elections at Plymouth City Council and constituent authority annual meetings, which might impact on Authority Membership, it was also proposed that the term of office of those Authority Members currently serving as non-executive directors on the Board be extended to the July Authority meeting to allow sufficient time for the appointments process to be undertaken.

RESOLVED

(a)       that the Clerk be delegated authority to identify and commission an independent external company specialising in the appointment of non-executive directors to undertake a process to identify and recommend to the Authority up to three Authority Members to serve as non-executive directors on the Board of Red One Ltd.;

(b)       that, to facilitate (a) above and allow for expressions of interest to be sought from all those eligible for consideration, the term of office of those Authority Members currently serving as non-executive directors on the Board be extended until the Authority meeting in July 2018.

Report of the Director of Corporate Services (DSFRA/18/9) attached.

(Councillors Saywell and Thomas each declared a personal, non-pecuniary interest in this item [and abstained from voting on it] by virtue of being appointed by the Authority to serve as non-executive directors on the Board of Red One Ltd.)

The Authority considered a report of the Director of Corporate Services (DSFRA/18/9) on a proposal for the Authority to reinstate, with effect from 1 April 2018, the Special Responsibility Allowance (SRA) previously payable to those Authority Members appointed as non-executive directors on the Board of Red One Ltd (“the company”).  The decision to cease payment of the SRA had initially been taken in light of the recently undertaken review of the governance framework for the company when it was understood that payment of director remuneration would be made directly by the company.  Subsequently, however, the new Independent Chair of the Board had advised that, based on previous experience of general commercial practice, it would be highly unusual for non-executive directors appointed as representatives of the shareholder to be remunerated by the company concerned, but rather would be remunerated directly by the shareholder.

RESOLVED that the Special Responsibility Allowance payable to those Members appointed by the Authority as non-executive directors on the Board of Red One Ltd. be reinstated, with effect from 1 April 2018, on the basis of the former rate (£6,060 per annum).

In accordance with Standing Order 18, the Authority Chair (Councillor Randall Johnson) has asked that an item be placed on the agenda for this meeting to enable the Authority to consider whether it wishes to introduce a convention whereby, to aid in managing potential conflicts of interest, neither the Chair nor Vice Chair should be eligible for appointment as Authority-appointed non-executive directors on any company owned by the Authority.

Report of the Director of Corporate Services (DSFRA/18/10) attached.

(Councillors Saywell and Thomas each declared a personal, non-pecuniary interest in this item [and abstained from voting on it] by virtue of being appointed by the Authority to serve as non-executive directors on the Board of Red One Ltd.)

In accordance with Standing Order 19, the Authority Chair (Councillor Randall Johnson) had asked the Authority to consider whether it would wish to introduce a convention whereby, to aid in managing potential conflicts of interest, neither the Authority Chair nor Vice-Chair should be eligible for appointment by the Authority as a director of any company controlled by the Authority.

This item was considered in conjunction with a report by the Director of Corporate Services (DSFRA/18/10) which referenced previously reports to the Authority on reviews of the governance arrangements for Red One Ltd.  In particular, one report produced for the Authority by Cornwall Legal Services (as considered by the Authority at its meeting on 30 September 2016 and again at an Extraordinary Meeting held on 4 April 2017) had identified the various duties (including the duty to avoid conflicts of interest) placed on company directors by virtue of the Companies Act 2006 and had commented specifically that, for the Chair of the Authority, the likelihood of conflicts arising was much greater than for other Authority Members and consequently it was not generally advisable that the Chair be appointed as a director of an Authority controlled company.

Following debate on this matter, the Chair MOVED, with Councillor Hoskings seconding:

“that the Authority approves a convention whereby, to help in manging potential conflicts of interest, neither the Authority Chair nor Vice-Chair should be eligible for appointment by the Authority to serve as a director on any company controlled by the Authority and that, should this be approved, the Clerk be authorised to amend the Authority’s Standing Orders to include this provision.”

Councillor Greenslade MOVED that the above Motion be AMENDED by the addition of words to clarify that references to “he” in the governance review report referenced should be read as gender neutral (i.e. he or she).

Councillor Randall Johnson accepted this amendment whereupon the amended Motion was put to the vote and declared CARRIED (by 19 votes for to 1 against).  Thereafter is was

RESOLVED

(a)       that a convention be approved whereby, to help in managing potential conflicts of interest, neither the Authority Chair nor Vice-Chair should be eligible for appointment by the Authority to serve as a director on any Authority-controlled company;

(b)       that the Clerk be authorised to amend the Authority’s Standing Orders to incorporate the above convention as approved;

(c)       that, for clarification purposes, references to “he” in the governance review report produced for the Authority by Cornwall Legal Services be read as gender-neutral (i.e. he or she).

The Authority received, for information, details of events attended on its behalf by the Chair and Vice Chair since the last meeting.  Particular reference was made to the engagement and consultation event held on 25 April 2018 for Authority Members and representative bodies to discuss and develop the connections between the Authority’s Integrated Risk Management Plan, the Fire & Rescue Plan and underpinning risk mapping. 

RECOMMENDATION that, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of  Part 1 of Schedule 12A (as amended) to the Act, namely information relating to the financial and business affairs of any particular person – including the authority holding that information.

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A (as amended) to the Act, namely information relating to the financial and business affairs of any particular person – including the authority holding that information.

The Chair of the Committee, Councillor Coles, to MOVE the restricted Minutes of the Special Meeting held on 11 April 2018.

RECOMMENDATIONS

(a)       that the recommendation at Minute RC/23 (“Red One Update”) be approved;

(b)       that, subject to (a) above, the restricted Minutes be adopted in accordance with Standing Orders

(NOTE:  A copy of report RC/18/8 (“Red One Update”) is attached as Appendix A to these Restricted Minutes).

(An item taken in accordance with Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded from the meeting).

(Councillors Saywell and Thomas each declared a personal, non-pecuniary interest in this item [and refrained from voting on it] by virtue of being appointed by the Authority as non-executive directors on the Board of Red One Ltd.)

The Chair of the Committee, Councillor Coles, MOVED the restricted Minutes of the special meeting of the Resources Committee held on 11 April 2018.  The restricted Minutes concerned an update on Red One Ltd.  For ease of reference, a copy of the report of the Director of Finance (Treasurer) (RC/18/8), as considered by the Committee, was appended to the restricted Minutes of the meeting.

RESOLVED

(a)       that the recommendation at Minute RC/23 (“Red One Update”) be approved;

(b)       that, subject to (a) above, the restricted Minutes of the meeting be adopted in accordance with Standing Orders.

(SEE ALSO MINUTE DSFRA/72(c) ABOVE).