Agenda and minutes

The Chair of the Committee, Councillor Bown, to MOVE the Minutes of the meeting held on 18 March 2019.

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

The former Chair of the Committee, Councillor Bown, MOVED the minutes of the meeting held on 18 March 2019 which had considered, amongst other things:

·         a report on publication of the latest Gender Pay Gap report for the Devon & Somerset Fire & Rescue Service;

·         an update on progress made to secure a more diverse and inclusive workforce;

·         a report on absence management; and

·         a report on the key themes emerging from the People strand of first tranche of inspections of fire and rescue services undertaken by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS).

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

The Chair of the Panel, Councillor Randall Johnson, to MOVE the Minutes of the meetings of the Panel held on 22 March and 14 May 2019.

RECOMMENDATION that the Minutes be adopted in accordance with Standing Orders

The Chair of the Panel, Councillor Randall Johnson, MOVED the Minutes of the meetings held on 22 March and 14 May 2019 which had considered, amongst other things:

22 March 2019

·         a report on remuneration for the Deputy Chief Fire Officer post;

·         an end of year appraisal for the interim Chief Fire Officer; and

·         an appointment process for Deputy Chief Fire Officer.

14 May 2019

·         an appraisal for Chief Fire Officer Lee Howell.

RESOLVED that 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 8 April 2019.

RECOMMENDATIONS

(i)           that the recommendation at Minute SC/11(a)(i) be considered in conjunction with the report at item 7 below;

(ii)          that, subject to (i) above, the recommendations at Minute SC/11(a) be approved;

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

(SEE ALSO ITEM 7 BELOW).

The Chair of the Committee, Councillor Thomas, MOVED the Minutes of the meeting held on 8 April 2019 which had considered a review of the Members’ Code of Conduct and associated complaints guidance.

RESOLVED

(i)           that the recommendation at Minute SC/11(a)(i) (relating to appointment of Independent Persons) be considered in conjunction with item DSFRA/8 below;

(ii)          that, as recommended by the Standards Committee at Minute SC/11(a)(ii), (iii) and (iv):

1.     remuneration be approved for Independent Persons on the basis of £100 for each standards issue they are involved in;

2.     an indemnity be granted to Independent Persons (in line with the Authority’s indemnity for officers and Members) to meet any reasonable costs incurred in securing appropriate legal advice and representation in respect of any civil or criminal proceedings that may arise from their involvement in Authority standards matters – this indemnity to be subject to the reimbursement to the Authority of any expenditure incurred under the indemnity in the event that any court sanction is imposed that is not subsequently overturned on appeal;

3.     the Members’ Code of Conduct be amended by:

                                                    i.     incorporation of the following definition of harassment in paragraph 2.4 of the Code:

“harassment” may be defined as any unwanted behaviour which the individual subject to that behaviour feels offensive or which makes them feel intimidated or humiliated.  This can happen on its own or alongside other forms of discrimination.  Examples of unwanted behaviour include:

·        spoken or written words or abuse;

·        offensive tweets, e-mails or comments on social networking sites;

·        images and graffiti;

·        physical gestures;

·        facial expressions; and

·        jokes

                                                   ii.      inserting the following into paragraph 4.1 of the Code (General Obligations, you must….):

“(6) comply and co-operate fully and openly in any formal standards investigation in which you are either the Subject Member or a witness”

                                                  iii.     inserting the following into paragraph 4.1 of the Code (General Obligations, you must not….):

“(10) make trivial or malicious allegations against a fellow Member (or Members) of the Authority”

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

(SEE ALSO MINUTE DSFRA/4(d) OF THE AUTHORITY ANNUAL MEETING HELD ON 7 JUNE 2019 AND MINUTE DSFRA/9 BELOW).

The Chair of the Committee, Councillor Healey MBE, to MOVE the Minutes of the meeting held on 10 May 2019.

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

The Chair of the Committee, Councillor Healey, MOVED the Minutes of the meeting held on 10 May 2019 which had considered, amongst other things:

·        letters produced by both the Treasurer and Committee Chair for the external auditor (Grant Thornton) in compliance with international auditing standards and relating to the Authority’s financial statements for the year ended 31 March 2019;

·        a report on work completed in accordance with the 2018-19 internal audit plan;

·        a report on the proposed 2019-20 internal audit plan;

·        a draft Annual Statement of Assurance for 2018-19, as required by accounts and audit regulations and the Fire & Rescue Service National Framework and to accompany the Statement of Accounts;

·        an update on the Corporate Risk Register;

·        a report on performance of the Devon & Somerset Fire & Rescue Service during 2018-19; and

·        a review of the Authority’s policy relating to the Regulation of Investigatory Powers Act (RIPA) 2000.

RESOLVED that 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 in public on 15 May 2019.

RECOMMENDATIONS

(i)            That the recommendations of the Committee at Minutes RC/28 (Provisional Financial Outturn 2018-19), RC/29 (Reserves Strategy 2019-20) and RC/30 (Revisions to Capital Programme 2019-20 to 2021-22) be approved subject to (ii) below;

(ii)           that it be noted that, subsequent to the recommendations in (i) above, the final outturn position includes an additional £0.004m underspend, bringing the total to £1.896m.  As a result of this:

a.    This amount will now be included in the transfer to the earmarked reserve for capital funding;

b.    the revised Capital Programme 2019-20 to 2021-22 will now include the additional £0.004m revenue funding; and

c.    the figures presented in the Reserves Strategy will be amended to reflect the above.

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

(NOTE: a copy of reports RC/19/9 [Provisional Financial Outturn 2018-19], RC/19/10 [Reserves Strategy 2019-20] and RC/19/11 [Revisions to the Capital Programme 2019-20 to 2021-22] , as submitted to the Resources Committee meeting on 15 May 2019, are included with this agenda for reference)

The former Chair of the Committee, Councillor Coles, MOVED the non-restricted Minutes of the meeting held on 15 May 2019 which had considered, amongst other things:

·        an annual report on treasury management performance during 2018-19;

·        a report on the provisional financial outturn for 2018-19 (a copy of which was included with the agenda for this Authority meeting, for ease of reference);

·        a report on the proposed Reserves Strategy for 2019-20 (a copy of which was included with the agenda for this Authority meeting, for ease of reference);

·        a report on revisions to the Capital Programme 2019-20 to 2021-22 (a copy of which was included with the agenda for this Authority meeting, for ease of reference);

·        a report on the financial performance of Red One Ltd. (the Authority’s commercial trading arm) during 2018-19;

·        a report on a proposed Red One Ltd. Business Plan for 2019-20; and

·        an assurance report on the proposed Red One Ltd. Business Plan.

RESOLVED

(i)           that, as recommended by the Resources Committee and subject to (ii) below:

1.     the transfer of the provisional underspend against the 2018-19 revenue budget (reported as £1.892m to the Resources Committee) to the Reserve for Capital Funding be approved;

2.     the Reserves Strategy 2019-20 be approved and published;

3.     the revised Capital Programme and associated Prudential Indicators 2019-20 to 2021-22, as summarised at Appendices A and B to the Minutes of the Resources Committee and to these Minutes, be approved;

(ii)          that it be noted that, subsequent to the recommendations of the Resources Committee as identified at (i) above, the final outturn position includes an additional £0.004m underspend bringing the total to £1.896m and that as a result of this:

1.     a total of £1.896m would be transferred to the Reserve for Capital Funding;

2.     the revised Capital Programme 2019-20 to 2021-22 would include the additional £0.004m revenue funding; and

3.     the figures presented in the Reserves Strategy would be amended to reflect (1) and (2) above;

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

(SEE ALSO MINUTES DSFRA/11 AND DSFRA/12 BELOW)

Report of the Director of Corporate Services (DSFRA/19/13) attached.

The Authority considered a report of the Director of Corporate Services (DSFRA/19/13) on issues relating to the appointment of Independent Persons for standards issues, as required by the Localism Act 2011.

At its meeting on 8 April 2019, the Standards Committee had resolved, amongst other things to recommend the Authority (Minute SC/11(a)(i) refers:

“to delegate authority to the Monitoring Officer to undertake a process for an determine the appointment of two Independent Persons, with the term of office for each Independent Person to limited to two years, renewable once”.

The report identified that, pending completion of the process to secure two Independent Persons, there was the potential for a situation whereby the Authority may be without an Independent Person (and thereby not compliant with the relevant legislation).   To avoid this, it was proposed that the previous Independent Person be re-appointed to the Authority until a successor was appointed or until the Authority Annual Meeting in 2020 (whichever is the sooner).

RESOLVED that Fr. David Watson be re-appointed as one of the Authority’s Independent Persons pending appointment of a successor or until the Authority Annual Meeting in 2020, whichever is the sooner.

Report of the Director of Corporate Services (DSFRA/19/14) attached.

The Authority considered a report of the Director of Corporate Services (DSFRA/19/14) on issues relating to membership of the Authority’s Local Pensions Board.  Based on the Board’s current operating protocols, the initial four year term of office of one of the existing Scheme Manager representatives (the Clerk to the Authority) would expire in 2019 and the Authority was invited to consider appointment to the resultant vacancy.

Additionally, the Board had requested an increase the size, in part to address previous difficulties in securing quorate meetings of the Board.  The report identified four potential options to secure an additional Scheme Manager representative and confirmed that the Head of Human Resources had delegated authority to appoint Scheme Member representatives.  Should the request be approved, then revised quorum agreements would be implemented.

RESOLVED

(a).      that the Authority Clerk and Monitoring Officer be re-appointed as a Scheme Manager representative on the Local Pensions Board for a further four-year term of office (to expire in 2023);

(b).      that the overall size of the Board be increased from 6 to 8 (one additional Scheme Manager and one additional Scheme Member representative) and in this respect:

(i)         the Clerk to the Authority be delegated authority to undertake a process to identify and appoint a relevant external person with the requisite subject matter knowledge and experience to serve as a Scheme Manager representative;

(ii)        the external post be remunerated at a level of £500 per annum plus travel and subsistence expenses;

(iii)       that it be noted that the Head of Human Resources has delegated authority to undertake a process to identify and appoint Scheme Member representatives to the Board;

(c).      that the revised quorum arrangements for the Board (50% of the membership, to comprise at least one Scheme Manager and Scheme Member representative) be approved.

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 items of business on the grounds that they involve 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 (with the exception of Dr. Sian George and Lisa Compton [Red One Ltd] for Minute DSFRA/12) be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 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 meeting held on 15 May 2019.

RECOMMENDATIONS

(i)           that the recommendations at Minutes RC/34 (Red One Ltd. Business Plan 2019-20) and RC/35 (Red One Ltd. Business Plan Assurance) be considered during the Red One Ltd. Annual General Meeting to be held on the conclusion of this meeting;

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

(NOTE:  A hard-copy, individually watermarked copy of reports RC/19/13 [Red One Ltd. Business Plan 2019-20] and RC/19/14 [Red One Ltd. Business Plan Assurance], as considered by the Resources Committee at its meeting on 15 May 2019, will be circulated to each Member for information.  These reports should be considered during the Red One Ltd. Annual General Meeting to be held on the conclusion of this meeting).

(SEE ALSO ITEM 11 BELOW).

(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).

The former Chair of the Committee, Councillor Coles, MOVED the Restricted Minutes of the meeting held on 15 May 2019 which had considered, amongst other things:

·        a report on the financial performance of Red One Ltd. as at Quarter 4 of the 2018-19 financial year;

·        a report on a proposed five-year Business Plan for Red One Ltd.; and

·        a report on independent assurance obtained by the Authority on the Red One Ltd. Business Plan.

RESOLVED

(a).       that the recommendations at Minutes RC/34 (Red One Ltd. Business Plan) and RC/35 (Red One Ltd. Business Plan Assurance) be considered during the Red One Ltd. Annual General Meeting;

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

(SEE ALSO MINUTE DSFRA/12 BELOW)

(At this point [11.45am] the meeting adjourned, reconvening for the Red One Ltd. Annual General Meeting at 12.05pm).

The main item of business for the Annual General Meeting will be to discuss the Red One Ltd. Business Plan 2019-20.

(SEE ALSO ITEM 10 ABOVE)

(An item taken in accordance with Section 100A(4) of the Local Government Act 1972 during which the press and public, with the exception of Dr. Sian George [Board Chair] and Lisa Compton [Financial Director], Red One Ltd., were excluded from the meeting).

 (Councillors Saywell and Thomas each declared a personal, non-pecuniary interest in this item by virtue of being appointed by the Authority as non-executive directors on the Board of Red One Ltd.  In accordance with the terms of the dispensation granted by the Authority at its Annual Meeting on 8 June 2018 (Minute DSFRA/5(a) refers), both Councillors spoke at the meeting but took no part in voting on any issue and left the room during any such vote).

The Authority, as sole shareholder, attended the Annual General Meeting of Red One Ltd., chaired by Dr. Sian George as Board Chair for Red One Ltd.  As part of this meeting, the Authority received a presentation from Dr. George and Lisa Compton on the proposed five-year Red One Ltd. Business Plan.  This included, amongst other things:

·         background to the establishment of Red One Ltd;

·         trading and profits from Red One Ltd. to the Devon & Somerset Fire & Rescue Service for the financial years 2014-15 to 2018-19;

·         a comprehensive review of governance for the company including the adoption of new Articles of Association and Board structure based on accountability and professionalism;

·         total profit and loss projections for the financial years 2019-20 to 2023-24 and for each of the main revenue streams (Scheduled Training; Driver Training; Standby Rescue Training; “Bespoke” Training; and Recruits Training);

·         corporate objectives for the five-year period of the Plan.

The Authority had been provided with copies of the five-year Business Plan and assurance on the Plan commissioned by the Authority, along with the covering reports to the Resources Committee in support of these documents (reports RC/19/13 and RC/19/14 respectively refer). 

The Authority Chair then invited questions from Authority Members, which were responded to by the representatives of the Board present at the meeting.  On conclusion of the questions, Councillor Hannaford MOVED, with Councillor Peart seconding, that the recommendations at Minutes RC/34 and RC/35 of the Restricted Minutes of the Resources Committee meeting held on 15 May 2019 be approved.

This was put to the vote and declared CARRIED whereupon it was

RESOLVED

(a).      that, as recommended by the Resources Committee, the five-year Business Plan for Red One Ltd. be approved;

(b).      that, in addition to (a) above, the other recommendations at Minutes RC/34 and RC/35 of the Restricted Minutes of the Resources Committee meeting held on 15 May 2019 be approved.

(In accordance with Standing Order 25(3), Councillor Bown requested that her vote against this decision be recorded and Councillor Way requested that his abstention from voting on this matter be recorded).

APPENDIX A TO THE MINUTES OF THE DEVON & SOMERSET FIRE & RESCUE AUTHORITY ORDINARY MEETING 7 JUNE 2019 - REVISION TO CAPITAL PROGRAMME 2019-20 TO 2021-22

APPENDIX B TO THE MINUTES OF THE DEVON & SOMERSET FIRE & RESCUE  ...  view the full minutes text for item DSFRA/12