Agenda and minutes

A questioner asked about the number of children of asylum seekers either abandoned in Rotherham or subject to “trafficking”.

A response was given that no such children had been abandoned and “trafficking” issues were minimal.

It was agreed to provide a detailed answer in writing.

-           Chief Executive to report

The Leader introduced a report by the Chief Executive which detailed the new Corporate Priorities, as set out in the “Plan on a Page”, (Appendix 1) for consideration and approval. It highlighted some of the key changes made since the first draft document was presented and also provided key dates in the timeline to final approval of the plan by full council.

The Government policy agenda for local government was being established through a series of announcements rather than being set out in any comprehensive policy or White paper.

The finer details remain unknown, which created risks for the Council’s own policy planning processes. The Council would need to continuously monitor the Government’s policy development and consider how we should respond. This would be achieved through refreshing the Council’s Local Government Reform Resource Library and implementation plan, with reports being presented as appropriate.

Recommended:- (1) That the “Plan on a Page” be approved.

(2) That the proposed timeline for approval of the detailed plan be noted.

(3) That the Cabinet be authorised to approve the detailed Corporate Plan.

-           Chief Executive to report.

Councillor Wyatt, Cabinet Member for Resources, introduced a report by the Strategic Director of Finance, which set out the current corporate risk register summary. The register shows the risks associated with the Council’s most significant priorities and projects, and a summary of the actions being taken to mitigate these risks.

There were a number of significant changes this period, including the addition of the cultural quarter, transfer of responsibilities for 16-19 year olds to the Council (known as ‘Machinery of Government’), the community stadium and the recognition of major budget announcements made by the Government and the need to respond to these. A number of older priorities have been removed from the register.

Various risks relating to Children’s Services have been re-assessed as red (high risk), mainly relating to increasing financial challenges and the needs to use resources more efficiently and effectively. 

There were now six red residual risks in total (Building Schools for the Future, four other priorities relating to Children’s Services and the achievement of the Cultural Quarter aspirations).

The main changes occurring since the previous report were as follows:

• The Government’s withdrawal of funding for Building Schools for the Future (BSF – register reference 10), placed the Council’s programme at significant risk. The risk was now assessed as ‘Red’.
• Four other Children’s Services risks have been reassessed from amber to red risk:

·        Ref 22 – Delivery of Children’s Plan

·        Ref 44 – Commissioning

·        Ref 58 – Children’s Improvement Notice

·        Ref 59 – Use of Resources in Children’s

These risks have been reassessed as a result of the Government’s announcements of grant reductions and they reflected the increasing need to use available resources more efficiently. However, Cabinet and the Strategic Leadership Team were looking at action across the Council to address Budget issues and these risks and their status would be subject to further review in the light of this.

• The addition of significant priorities relating to

·        Machinery of Government Ref (Ref 60)

·        Community stadium Ref (Ref 61)

·        Culture quarter (Ref 63)

·        Managing the budget adjustments resulting from Government reductions in spending (Ref 64).

• The risks relating to Civic Accommodation (formerly Ref 4), Westgate Demonstrator Project (7), Private Sector Housing (28) Reservoirs (31) and the Economic Downturn (36) have been removed from the corporate risk register because these have now been achieved or substantially completed, or because their significance had reduced. Any outstanding risks in these areas would be managed with directorate risk registers.

• The Comprehensive Area Assessment (14) has been removed from the corporate risk register because the methodology has been abolished.

Cabinet Members noted the changing situation in local government and the need to always focus on risks.

Resolved:-  That the updated corporate risk register summary be noted.

The following items are likely to be considered in the absence of the press and public as being exempt under those paragraphs listed below of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended March 2006) (information relating to the financial or business affairs of any particular individual (including the Council)):-

Resolved:- That, under 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 those paragraphs, indicated below, of Part I of Schedule 12A to the Local Government Act 1972.

-        Chief Executive to report.

(Exempt under Paragraph 4 of the Act – (Exempt under Paragraph 4 of the Act – information connected to labour relations matters)

Councillor Sharman, Deputy Leader, introduced a report by the Chief Executive which detailed the current employment climate requiring Councils to look at a variety of potential employment models including TUPE transfers either in or out of the Council.

Recent situations within the Council and ever more complex and differing employment contracts have resulted in exposure of the Council to risk of litigation. 

The Council has successfully completed the implementation of the outcomes from the job evaluation exercise and attempted to hopefully address all current known challenges under Equal Pay. 

In the current climate Rotherham MBC in common with every Council has to take steps to deliver ever more creative solutions to service delivery requirements.  This was likely to include the transfer out and in of employees. The last 12 months has evidenced this trend with a number of significant transfers which have seen the Council both gain and lose a number of workers in a variety of roles. The transfer in of some groups of employees has posed significant challenges for the Council’s pay structure. 

In view of the risks and potential further exposure to risk of litigation recent examples have created, this report sets out the critical requirement for Elected Members and managers to ensure that all possible information is taken into account before considering potential TUPE transfers.    

Resolved:- (1) That the risks and potential implications when considering TUPE situations be noted.

(2) That Managers and Directors produce a Programme Initiation Document and complete an Options Appraisal incorporating HR, Legal and Financial advice before considering potential transfers either in or out of the council.

(Exempt under Paragraph 4 of the Act – information connected to labour relations matters)

-        Chief Executive to report.

(Exempt under Paragraph 4 of the Act – information connected to labour relations matters)

Councillor Sharman, Deputy Leader, introduced a report by the Chief Executive which highlighted the various Council HR policies most likely to be needed in circumstances of responding to budget pressures. 

The Council has a wide-ranging suite of policies and procedures to help deal with difficult and sensitive HR situations.  Most have been tested and have proved that with the necessary management direction these could achieve outcomes that were fair, transparent and compassionate. 

Some changes have already been brought into effect to meet the current circumstances and been reported previously following direction from the Strategic Leadership Team and Elected Members such as: -

·        A revised vacancy management process;

·        HR Workforce metrics control (Full Time Equivalent (FTE) monitoring and cost control (overtime, mileage, Agency & Consultancy use);

·        Internal Agency & Talent Pool / Talent management arrangements;

·        Mileage and car user allowances

·        Cap the limit of future Pay Protection arrangements at a maximum of 3 years fixed protection;

·        Purchase of up to an additional 5 days annual leave to be offered/taken if service demands allow;

·        Publicise the various Flexible Working, Retirement & Redundancy options and seek volunteers to meet budget challenges;

In order to facilitate the current arrangements likely to be faced with increased numbers affected by re-structuring or ‘downsizing’ in a strict financial climate it was felt necessary to update and revise the following: - 

·        A more focused time-limited opportunity within which to seek redeployment;

·        Review potential options in respect of other Terms and Conditions.

The approval of Elected Members and consultation with Trade Unions was needed in order to confirm any new arrangements. 

Risks and uncertainties were outlined in the report.

Resolved:- (1) That the report be noted and the proposed initiatives approved.

(2) That the details be finalised by the Staffing Committee.

(Exempt under Paragraph 4 of the Act – information connected to labour relations matters)

-           Strategic Director of Environment and Development Services to report.

(Exempt under Paragraph 3 of the Act – information relates to business or financial affairs)

Councillor Smith, Cabinet Member for Economic Development, Planning and Transportation introduced a report by the Strategic Director of Environment and Development Services which was to update the Town Centre Accommodation Strategy in relation to Cultural Services and ancillary services accommodation from early 2012.

Funding for any cultural and ancillary accommodation has not yet been identified.

Cabinet reviewed the use of the new Council Building (Riverside House) for library and other purposes and welcomed this opportunity to provide a range of first-class services for members of the public.

Resolved:- (1) That front of house cultural services, such as the central library, including access to the People’s Network, information services and children’s library and gallery, exhibition and “Light” performance spaces be located in Riverside House.

(2) The remaining cultural services currently located in the Library Arts Centre, including Archives, support services and specialist storage be located in alternative out of town centre accommodation, the existing Civic Theatre  maintained and the possible location of the Regimental Museum in Clifton Park Museum or alternative locations within the Borough, be investigated.

(3) The Director of Asset Management be instructed to progress the accommodation projects required to support the above.

(4) That  the acting Director of Culture and Leisure be instructed to progress the design of Cultural Service Delivery to obtain the best service that can be provided in line with (1) above.

(5) That the financial implications of the accommodation projects and Cultural Service Delivery be incorporated into the Capital Programme and MTFS.

(6) That the resultant fees agreed in (3) and (4) be funded from the Capital Programme “Town Centre Design”.

(7) That the Strategic Director of Environment and Development services work with the Head of Communications and the relevant Cabinet Members to brief the media.

(8) That a further report be submitted on the options for providing premises for Wedding and Citizenship Ceremonies.

(Exempt under Paragraph 3 of the Act – information relates to business or financial affairs)

-        Strategic Director of Environment and Development Services to report.

(Exempt under Paragraph 3 of the Act – information relates to business or financial affairs)

Councillor Smith, Cabinet Member for Economic Development, Planning and Transportation introduced a report by the Strategic Director of Environment and Development Services updating the position since the last report in January 2010 with negotiations that have taken place with a Developer under the Lot 3 OJEU procedure, which commenced in 2006 and the proposal to redevelop the former Civic sites including Crinoline House, Norfolk House and the Library and Arts Centre.

The report described the proposals and the legal and financial implications.

Resolved:- (1) That the proposed disposal of the properties detailed on the basis of the Heads of Terms described in the report be noted.

(2) That Officers be authorised to complete the legal documentation for the proposed disposal to the developer as reported and close the OJEU Dialogue process for this site within the Lot 3 OJEU.

(Exempt under Paragraph 3 of the Act – information relates to business or financial affairs)

-        Strategic Director of Neighbourhoods and Adult Services to report.

(Exempt under Paragraph 3 of the Act – information relates to business or financial affairs)

Councillor Akhtar, Cabinet Member for Housing and Neighbourhoods, introduced a report by the Strategic Director of Housing and Neighbourhood and Adult Serviceswhich stated that the procurement of external contracts to deliver the housing repairs and maintenance function had been a thorough and detailed process that began immediately following Cabinet Member’s approval to market test the service in June 2009.  Since then, Cabinet has received various reports concerning this process, most recently on 7^th July when a preliminary report was presented that summarised the background detail to the project.

2010 Rotherham Ltd has now concluded its evaluation of the final Tender submissions.  A report was presented to an extraordinary ALMO Board meeting on 13^th July 2010 that recommended the award of two external contracts from 4^th October 2010, totalling £22.6m in value.  This was the final report which required Cabinet to make a decision on the awarding of contracts. 

The ALMO report was attached as appendix A, and this described how the Tender recommendations were reached, as well as providing information about overall affordability and value for money. 

The purpose of this RMBC accompanying report was to endorse the process the ALMO had undergone, present the Board’s recommendation to Cabinet, as the final decision-making body, and provide information about the overall financial implications of externalisation for RMBC.  Both this report and appendix A which needed to be read together, were considered by SLT on 19^th July 2010.

Cabinet reviewed the position and the longer term expectations.

Resolved:- (1) That the contracts be awarded to bidder 2 (Morrisons) and bidder 3 (Wilmot Dixon), to commence on 4^th October 2010.

(2) That all Members of the Council be provided with a “Contact List” of who is dealing with repairs and maintenance in each area.

(Exempt under Paragraph 3 of the Act – information relates to business or financial affairs)

-           Strategic Director of Environment and Development Services to report.

(Exempt under Paragraph 2 of the Act – information which is likely to reveal the identity of an individual)

Councillor Smith, Cabinet Member for Economic Development, Planning and Transportation introduced a report by the Strategic Director of Environment and Development Services which summarised the need to carry out a review of the Councils asset management function, in the light of recent government funding announcements, and in order to make sure that the Council was best equipped to deliver its asset management and property function in an efficient way over the next 3-5 years.

There was uncertainty around the Council and partners future work programme, which made devising a fit for purpose structure going forward more difficult. The risk in not proceeding was that we keep a structure which was too large and was not affordable in the current economic climate.

Resolved:- (1) That the report and the staffing implications arising from the proposals be noted.

(2) That the Strategic Director of Environment and Development Services review the asset management functions across the Council, to quantify the total resource needed, and design an appropriate structure and operating framework to meet future needs.

(3) That the revised structure and timescales be submitted to a future Cabinet meeting.

(Exempt under Paragraph 2 of the Act – information which is likely to reveal the identity of an individual)

-           Strategic Director of Neighbourhoods and Adult Services to report

(Exempt under Paragraph 4 of the Act – information connected to labour relations matters)

The Leader introduced a report by the Strategic Director of Housing and Neighbourhood and Adult Services which summarised the progress made in reviewing the Council’s policy and performance functions to improve the efficiency and effectiveness of the council, achieve better outcomes for citizens and respond to the changing national policy agenda.

The review would involve a radical reconfiguration of resources and a redefinition of roles and responsibilities.  At present there were a large number of distinct jobs carrying out functions that would be affected by this review.  It was important therefore, that there was effective involvement and consultation with staff and trade unions.

The implementation of the new arrangement would be critical to the ability of the Council to maintain the pace of change, respond swiftly to external challenges and maintain the confidence of the public. There was a significant risk that if the Council did not change in the manner suggested we kept a structure that was too large an not affordable in the current economic climate.

Resolved:- (1) That the report and staffing implications be noted.

(2) That the Strategic Director for Neighbourhoods and Adult Services review the policy and performance functions across the Council, to quantify the total resource needed, and to design an appropriate structure and operating framework. 

(3) That a further report be submitted to Cabinet on the revised structure and timescales for its implementation.

(Exempt under Paragraph 4 of the Act – information connected to labour relations matters)