Agenda item

TO CONSIDER a report of the Head of Legal and Democratic Services (Canterbury)

The Committee was informed that a review of the arrangements had been undertaken by Mr Doug Bradbury, SOLACE consultant and former Chief Executive of Shrewsbury and Atcham Borough Council, who was well versed in constitutional matters.  The review had concluded that the current arrangements were robust.  A number of recommendations had been made in the report to further enhance the arrangements and these were included in the report for consideration by the committee.  Particular attention was drawn to the difficulties inherent in EKJAC’s decision-making processes, which had contributed to the delay of projects.  These had been taken on board in preparing the methodology for the strategic business case earlier in the year.

Attention was drawn to a number of the more detailed recommendations as follows:

(i)                 administration and chairmanship – it was recommended that Canterbury retained the ‘administering authority’ arrangements for a further year, making a total of 3 years, whilst the chairmanship rotated.  A further review would take place in a year’s time;

(ii)               that the chairman of both EKJAC and EKJSC be given a second or casting vote unless his or her council was not participating in the shared service concerned;

(iii)             agreement to a fund to meet the costs of researching and creating shared services projects; and

(iv)              creation of an SLA for the functions of the administrative host.

He also said the following matters should be kept under review:

(v)                relationship between EKJSC and individual scrutiny committees, which may be the subject of a future protocol;

(vi)              the need for specialist officer advice to support the work of the Joint Scrutiny Committee; and

(vii)            funding the work of officers supporting the Joint Arrangements Committee.

RECOMMEND -

That the following recommendations be made to each council –

1. That the East Kent (Joint Arrangements) Committee operating arrangements be amended as follows:

(a)               Paragraph 11.1 – In the table delete “and Host Authority”.

(b)               Paragraph 12.1 – To add “in the event of an equality of votes the Chairman may have a second or casting vote unless his council is not participating in the shared service concerned”.

Paragraph 12.2 – To add “Any such recommendation shall be considered by each of the parties and a response made to it within three months of the date such recommendation is made”.

(c)               Paragraph 14.1 – To delete “the Parties will appoint a Host Authority which is for the time being the Authority shown as the Chairman and Host Authority in the table at clause 11.1” and substitute “which until May 2012 shall be Canterbury City Council and thereafter such Administering Authority as EKJAC may from time to time appoint”.

Paragraph 14.4 – Delete “will be paid for by the host authority” and substitute “will be paid for by the parties in equal shares”.

(d)               To add the following paragraphs and re-number the succeeding paragraphs:

“Paragraph 15. – Finance

Paragraph 15.1 – “To agree that the councils allocate sums from time to time to funds for meeting the costs of researching and creating Shared Services projects and that the Chief Executive of the Host Authority be given delegated power in consultation with the Chief Executives of the parties participating in those projects to authorise any expenditure within the allocated budget”.

(e)               Where the context so admits change “Host Authority” to “Administering Authority” throughout.

2. That the East Kent (Joint Scrutiny) Committee operating arrangements be amended as follows:

            To add at the end of 11.1 “In the event of an equality of votes the chairman may have a second or casting vote unless his council is not participating in the shared service concerned”.

            To add “11.3  Where two or more parties have resolved to delegate the relevant functions to the EKJAC then:

(a)               The service will thereafter be a shared service only in relation to those parties and

(b)               Those parties alone will have voting rights at the EKJSC in relation to further decisions as to how that shared service is jointly managed provided or procured.

(c)               The parties that did not delegate that shared service will not have voting rights in relation to that shared service until or unless they do delegate such service at some future date.

3. That the Head of Legal and Democratic Services at Canterbury prepare a Service Level Agreement to describe the role of the administrative host authority for the EKJAC to be approved by the Monitoring Officers of all the parties.

4. That the following matters be kept under review in relation to the operating arrangements of both Committees:

            A protocol regulating the relationship between EKJSC and the individual council Overview and Scrutiny Committees.

Recruitment of a specialist officer to support the work of EKJSC.

            The principle that any work carried out by staff of the councils towards achieving a shared service be reimbursed from EKJAC funds and that such funds are made available to EKJAC.