Agenda Item template
56
4 BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM Resources Committee 5 June 2007 Report of the Social and Cultural Development Manager COMMUNITY BUILDING GRANTS 2008-09 1 Purpose of Report 1.1 This report seeks, through the provision of grants for Community Buildings, to meet the Council objectives of cultural and social enrichment, promoting sustainable local community facilities and encouraging community participation and area regeneration. 1.2 The scheme of grant assistance, supplemented by community fundraising and other external funding sources, aims to provide much needed modernisation and refurbishment to community run local facilities. 2 Executive Summary 2.1 This report discusses the applications received for financial assistance towards the modernisation and refurbishment of community buildings within the Borough. It seeks Member resolution on which 1 st stage community buildings applications received for the year 2008/09 will be asked to submit a 2 nd stage application for consideration. 3 Proposed Action The Committee is invited to RESOLVE that Second Stage applications are invited from organisations as outlined in the ‘Actions Proposed’ column in Appendix 1. 4 Background 4.1 6 project bids have been submitted. All applications have been checked against the set criteria and 5 have been put forward for consideration to be asked to submit to the second stage. The remaining bid did not meet the required criteria. Pertinent information from each of the projects is presented in the attached spreadsheet shown at Appendix 1. 5 Discussion 5.1 The scheme for 2008/09 was advertised through direct mailing, the Borough Council’s website, voluntary sector channels and through adverts in the Evening Telegraph over 3 nights. 1
Transcript of Agenda Item template
4BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM
Resources Committee 5 June 2007
Report of the Social and Cultural Development Manager
COMMUNITY BUILDING GRANTS 2008-09
1 Purpose of Report 1.1 This report seeks, through the provision of grants for Community Buildings, to
meet the Council objectives of cultural and social enrichment, promoting sustainable local community facilities and encouraging community participation and area regeneration.
1.2 The scheme of grant assistance, supplemented by community fundraising and
other external funding sources, aims to provide much needed modernisation and refurbishment to community run local facilities.
2 Executive Summary 2.1 This report discusses the applications received for financial assistance towards
the modernisation and refurbishment of community buildings within the Borough. It seeks Member resolution on which 1st stage community buildings applications received for the year 2008/09 will be asked to submit a 2nd stage application for consideration.
3 Proposed Action The Committee is invited to RESOLVE that Second Stage applications are
invited from organisations as outlined in the ‘Actions Proposed’ column in Appendix 1.
4 Background 4.1 6 project bids have been submitted. All applications have been checked against
the set criteria and 5 have been put forward for consideration to be asked to submit to the second stage. The remaining bid did not meet the required criteria. Pertinent information from each of the projects is presented in the attached spreadsheet shown at Appendix 1.
5 Discussion 5.1 The scheme for 2008/09 was advertised through direct mailing, the Borough
Council’s website, voluntary sector channels and through adverts in the Evening Telegraph over 3 nights.
1
5.2 £100,000 has been allocated through the Council’s capital programme for the financial year 2008/09 specifically for capital projects costing £10,000 or more, for the improvement or regeneration of community buildings.
5.3 The total funding requested totals £342,000. 5.4 Officer recommendations regarding the action proposed are within Appendix 1. 6 Legal Powers 6.1 The legal power that pertains to each project will be identified at second stage
consideration. 7 Financial and value for money implications 7.1 A sum of £100,000 is available through the Council’s Capital Programme for the
financial year 2008/09 to assist with the modernisation and refurbishment locally run community buildings.
7.2 All bidding organisations are required to make a contribution towards their
project, either from matched external funding or internal fundraising. 8 Risk analysis and Implications
Nature of risk Consequences if
realised Likelihood of occurrence
Control measures
Lack of completion of projects
Risk to investment Unlikely The more detailed second stage bid process is designed to alleviate risks associated with a poorly thought out project
Grants not awarded
Local Communities would suffer as facilities fall further into disrepair and under use
Unlikely Robust monitoring and evaluation processes in place.
8.1 Implications for Resources The projects will be organised and managed by the applicant groups themselves. 8.2 Implications for Stronger and Safer Communities
Modern and safe community facilities, managed by community groups, provide a safe environment for local people to enjoy a variety of organised activities in their own locality. Such programmes can provide diversionary activities during holiday periods when anti-social behaviour is historically higher, thus contributing towards community safety.
2
The provision of facilities in rural areas contributes towards the local economy by attracting services and keeping spending within the local area.
8.3 Implications for Equalities Improvements to community buildings will help to widen access to services for local people, in terms of physical access to the buildings, and the ability to provide a range of activities in a particular location.
9 Author and Contact Officer Gill Chapman, Community Development Officer
10 Consultees
Joe Hubbard, Executive Director-Sustainable Communities 11 Background Papers 11.1 Application forms received from Community groups and organisations. Community Buildings Scheme bid conditions and criteria
3
4
APPENDIX 1
Organisation Bid Outline Overall Cost Amount Reqst Potential Partners Reasons for consideration Action proposed
St Johns Ambulance Wellingborough HQ Knox Road, Wellingborough
Supply and fitting of stair lift, thereby making Upper floor accessible, Adaptation of loft area to storage space. Outside decoration
£14,000 £12,000
It would make the building more accessible not only for St Johns but would be a potential income generator if the upstairs room could be hired out to other vol sector organisations Ask to submit second stage bid
Wilby Playing Fields Association Wilby Playing Field Main RoadWilby
To extend the Pavilion to provide a clearly defined area for the pre-school £60,000 £45,000
NCC, Wilby football cub, Wilby pre-school
The pre-school meets in the Pavilion at present but has to use the changing rooms for activities. There is no village hall. An extension would improve the quality of care for the children & provide an accessible space for use for other groups and activities in the village Ask to submit second stage bid
Wollaston Parochial Rooms College Street Wollaston
To refurbish the Parish Rooms £100,000 £80,000 NCC, local architect
The rooms need modernising to comply with Health and Safety and Disability Discrimination Act regulations Used for pre-school & youth club, theatrical society & other community groups. Ask to submit second stage bid
Isham Village Hall IshamPlaying Fields Isham
To build a new village Hall £650,000 £25,000lottery bid, NCC, Sitabid
The current wooden hall is dilapidated & needs replacing to meet modern Health and Safety and accessibility requirements It is used by many varied local groups who have recourse to no alternative community facility. Ask to submit second stage bid
The Hope Centre Guillemot Lane Hemmingwell Wellingborough
To build a multipurpose indoor sports hall £1,500,000 £150,000 lottery, sport England
A 2004 feasibility study by Hope identified the need for a local sports facility. A grant of £10,000 was allocated in 2003/4 but subsequently change of use was agreed to fund 'The Well' refurbishment Ask to submit second stage bid.
All Hallows Church Church St Wellingborough
To provide toilets with disabled access in the church and make repairs to the North Wall to protect the heritage of the building - part of a larger project £300,000 £30,000
English Heritage Fund, Parish church restoration fund
This is a prominent town centre building with heritage value. Open to public access & trying to expand its community base as a historical asset andarts venue.
Bid not taken forward as it refers to a specific place of worship, rather than a secular community space
FIRST STAGE BIDS FOR COMMUNITY BUILDINGS GRANT 2008/09- £100,000
5
6
5
BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM
Resources Committee 5 June 2007
Report of the Corporate Manager - Environmental Protection
PERFORMANCE MANAGEMENT – A FRAMEWORK FOR IMPROVEMENT
1 Purpose of Report 1.2 To advise Members of the work undertaken through the Performance
Management Project and recommend a framework for improvement. 2 Executive Summary
With the aim of improving the performance management process and thereby achieving service improvements the Performance Management Project considered a range of performance management issues. The objectives of the project were:- Raising the profile of our work and strengthen organisational focus. Prioritise activities, limit duplication and use resources efficiently. Ensure measured improvement – recognised by our auditors. Maximise our opportunity to develop and improve service delivery. Enhance our leadership capacity.
The recommendations within this report aim to meet those objectives and by doing so provide a robust framework by which to manage performance. Key to this framework is the regular reporting to Scrutiny on a cluster basis of enhanced quality information to enable informed decisions on proposed actions which lead to better service provision outcomes.
2.1 Proposed Action 2.1 The Committee is invited to RESOLVE that the outcomes detailed in the
report from the Performance Management Project be approved as the basis for further improvements as follows:-
2.2 Para 4.2.1 refers. That development and better use of Excel including trends and graphics be used for the presentation of PI information and that the Corporate Management Team support service improvement actions.
2.3 Para 4.3 and 4.3.1 refers. That additional PI’s be reported to Council as identified and that PI information is reported by cluster to Scrutiny on a rolling programme, each cluster reporting twice a year.
2.4 Para 4.4 refers. That as part of business improvement the use of customer satisfaction and complaints be further investigated
3 Background 3.1 In order to improve performance management within the organisation a project
was set up to investigate a range of processes including:- Measurement, recording and reporting of Performance Indicators (PI’s). Reports to Council and development of the Overview and Scrutiny function. Service planning – PI improvement strategies. Public involvement in performance management.
7
The full scoping of the project was based on these areas. 3.2 Performance Management had been identified through the Leadership
Programme as an important area. 3.3 It was recognised that our current performance management framework had
been identified as good practice and as such should be built upon specifically to highlight SMART(er) targets, plan opportunities and celebrate success. Effective performance management is only achieved where performance frameworks and systems are used by people and used well.
3.4 The IDeA / Audit Commission resource bank through the Performance Management, Measurement and Information Project (PMMI) highlights the environment for performance management to flourish and identifies:- Clear leadership – both political and managerial. A shared sense of purpose. A willingness to pull together and stick with plans. A genuine desire to learn – and to celebrate achievements along the way.
It was clear that through our Fit for Change and Leadership programme we had grasped these fundamental principles.
3.5 Outcomes that the performance management project included were:- Raising the profile of our work and strengthening organisational focus. Prioritising activities, limiting duplication and using resources efficiently. Ensuring measured improvement shown by internal and external validation. Maximising our opportunity to develop and improve service delivery. Enhancing our leadership capacity.
3.6 The project scoping that was undertaken and is outlined below:-
Project objectives: Raising the profile of our work and strengthen organisational focus. Prioritise activities, limit duplication and use resources efficiently. Ensure measured improvement – recognised by our auditors. Maximise our opportunity to develop and improve service delivery. Enhance our leadership capacity.
Project Scope: Local Area Agreements (LAA’s)/ Local Strategic Partnership (LSP) outcomes.
(Linked to Community Engagement and Empowerment Project) Linked to citizen/customer satisfaction. Examine headline PI’s review PI’s information for business use
PI’s information for quality use Put in place a Performance Management framework that captures strategic
targets/objectives of the authority and:- • Feeds directly into service improvement • Builds on what we have – (focus on objectives) • Better links service plans with strategic objectives • Identifies what is not important/priorities • Challenges current framework • Recognises the need to prioritise at a high level
8
• Has better usage of information gathered (trends) • Allows PI’s to show how the organisation performs overall
3.7 From the objectives and scoping the project group has undertaken a measured
course of actions including:- • Seeking out best practice and looking at alternative performance
management systems used in other local authorities. • Researching performance management alternatives such as European
Foundation for Quality Management (EFQM), Balanced Scorecard etc. Both management techniques used in performance management.
• A Member Group was set up to discuss and advise what Members would like to see.
• Working to an action plan to cover items within the scoping of the project. 4 Discussion 4.1 From the work undertaken the following findings have been noted:-
(a) The current performance framework works well in many ways but weaknesses have been identified including: The setting of medium term objectives have tended to focus on an
annual cycle. Linkages between objectives and tasks set at the Annual Policy
Seminar and service planning are sometimes not as robust as they should be.
Timeframes were tight and this was perceived to limit availability for Member input.
Limited reporting on progress of short term tasks (often these are set without milestones)
There appears to be inconsistent ownership of PI information given that financial services have to continually chase for information on which to report.
Basic information is gathered but there is little evidence that PI information is used to inform decisions and meet Council objectives.
Too many Best Value indicators are prescribed measure outputs the information for which is more difficult to trap and report on meaningfully
The reporting of PI’s is very bland with limited trend information. There is not always visible action taken about failing PI’s or over
performance. User satisfaction is not captured in many services.
4.2 Benchmarking of other local authorities performance management frameworks
was undertaken in several ways by internet investigation of performance management documentation and systems, questioning of appropriate officers and visits to some local authorities. Discovery visits to Kettering, Harborough and Warwick councils were undertaken. Each has in use an integrated computer Performance Management system and a dedicated administrator. In addition each authority has dedicated resources to run the performance management system.
9
4.2.1 From this benchmarking it is clear that a variety of software solutions can be used and the performance management group felt that this need not be proprietary software for instance Excel could be used if resources to develop this are made available. Two of the Authorities visited had flexibility within their officer structure to move support where it is needed when a service was deemed to be failing. Some thought was given to the recruitment of staff to fill vacancies that could posses the skills to undertake this sort of flexible working. However this was not considered entirely practical and it was felt that perhaps Corporate Management Team may be more appropriate to act as a fact and solution finding team in failing areas. The quality of information including trends tended to be of a better standard of presentation than currently undertaken here. A sample is shown as Appendix 1. Recommendations from the benchmarking exercise:
Development and better use of excel including trends, graphics etc for the presentation of information.
Corporate Management Team to support service improvements.
4.3 The Members Group represented by Cllrs Bell, G Lawman, Sherwood and Waters, looked at the breadth of performance indicators and the manner to which they are reported to Council. It was recommended that:-
That existing indicators be listed by cluster To add further indicators including:-
o Customer services Call volumes % answered within target time number of website hits
o Waste Number of missed bins Bulky collection waiting time between request and
appointment day. o Fixed Penalty Notices
Numbers issued o Homelessness
Numbers of applications outstanding Turnaround time in days
Adopt the cluster split and report by cluster to Scrutiny on a rolling programme (each cluster reporting twice a year).
4.3.1. Further work has been undertaken on developing the reporting framework to Scrutiny and Council. The proposed programme for Scrutiny is attached as Appendix 2. Recommendation: That PI’s are arranged in Clusters, That the suggested additional PI’s are added to the reporting list to Council and that the approach outlined in Appendix 1 be used to prepare and report information to the Scrutiny Committee.
10
4.4 The performance management project defined several work areas within its Action Plan and progress was as follows:-
a) Investigate linkages to LAA/LSP outcomes and monitor progress towards those outcomes. A linkage already exists with the LSP targets and we are involved in using the LAA performance plus software for recording LAA targets.
b) Investigate linkages to customer satisfaction Suggest / build on framework for capturing customer satisfaction from individual services Capture compliments and complaints and make suggestions to incorporate data into a reporting process. A survey was undertaken with service managers which highlighted the lack of information captured within services regarding customer satisfaction. Investigation on best practice highlighted the recent report from Tetlow Associates ‘Developing measures of satisfaction for local government services.’ This was undertaken for the Local Government Association and the National Consumer Council. The report seeks to understand drivers of satisfaction and a simplified approach to segmentation which identifies customers in different customer groups. In utilising this report service areas could establish drivers to include elements of a service that matter most to the users of the service and where they most improve customer satisfaction with the service. This approach is thought to be better in driving service improvements rather than straight customer satisfaction surveys. Additional work is being undertaken on this item and will be included in any further development work. In addition the current complaints logging system was investigated. Work is being undertaken to improve the meaningfulness of data. We currently do nothing to record compliments and no performance measures are taken using customers complaint information. It is suggested that more is done to capture customer satisfaction information on a corporate and service basis and that further work is undertaken to establish a framework in which customer complaints and compliments are measured meaningfully and information used to promote service improvements. Recommended: That as part of business improvement the use of customer satisfaction and complaints be further investigated. c) Examine headline PI review with Members Group. As reported in 4.3
above. d) Examine PI information
o For business use o For quality use
Initial investigations have suggested a template be developed for use with each PI. Incorporating the BVPI template required for audit purposes but with additional questions which include what the PI measures and why.
11
This is to encourage ownership of PI’s. It was felt that individual service ownership of PI’s could be improved. e) Recommend a performance management framework that:
o captures the strategic targets / objectives of the authority o creates better linkages between service plans and strategic
objectives o recognises the need to prioritise at high level o builds on what we have and focuses on objectives o has better usage on information gathered (trends) o shows what is not important and prioritises o a set of PI’s that show how the organisation performs
overall It was generally felt that the current framework including the Annual Policy Seminar worked well although some flexibility may be required to allow more time on medium term objectives and short term tasks. It was agreed that a four year business plan was appropriate. It was recognized that there was a need for better linkages between strategic objectives and individual services was required and a template was considered. This template cascaded information from corporate objectives to individual service objectives and was a useful in showing clear linkages to high level corporate outcomes. It is felt that a development of a suitable template be will continue and a proposed sample is shown in Appendix 3.
5 Legal Powers Local Government Act 1972 Local Government Act 1999, Section 7.
6 Financial and value for money implications
This report is designed to improve the Council’s use of resources through better performance management and will initially be contained within current budgets
7.1 Risk analysis and Implications Nature of risk Consequences
if realised Likelihood of occurrence
Control measures
No improvement in performance management Current resourcing not sufficient to make implement
External validation and rating slips, low employee moral, low public perception Failure to meet new standards and timescales
Medium Low
Implementation of recommendations Monitoring of the development of the new processes by CMT.
12
6.1 Implications for Resources (a) It is intended that the recommendations be implemented within current
resources. 6.2 Implications for Stronger and Safer Communities
(a) Better information on customer groups and satisfaction will enhance the development of the services.
6.3 Implications for Equalities (a) Better information on customer groups and satisfaction will help ensure
equitable services.
7 Author and Contact Officer
8 Toni Ainley 9 Consultees 10 Performance Management Project team 11 Background Papers 11.1 Notes of Performance Management Project meetings and PMP Members Group.
13
14
Appendix 1 Sample PI Graph with trend information
Environmental Protection – Amenity Services BVPI 82a (ii) Tonnage of household waste recycled
Managers Comment:
Target 06/07
0
1000
2000
3000
4000
5000
6000
April June August October December February
Tonn
es
BCW 05/06 BCW 06/07
Direction oftravel
Exceed or below target
15
16
Appendix 2
Proposed Timetable for PI information to Scrutiny
Service Cluster Despatch of supporting papers
Service Devt Board (SMT)
Scrutiny C’ttee 7 pm Tuesday 10.30 am
Thursday Room 38 Monday
Committee Room
Business Support 11 June 14 June 17 July Community Cohesion 9 July 12 July 11 September Environmental Protection 10 September 13 September 16 October Sustainable Development 1 October 4 October 13 November Business Support November January ‘08 Community Cohesion December February ‘08 Environmental Protection January March ‘08 Sustainable Development February May ‘08
17
18
Appendix 3
SERVICE:
Service Performance Plan - Overview
[Name of performance perspective/theme to be inserted here]
Ref Corporate Objective Ref Service Initiative(s) relevant to Corporate Objective
Target Performance Measure Frequency of Measure
A
B
1
etc
A
B
2
etc
A
B
etc
etc
A
B
etc
etc
A separate section is required for each performance perspective/theme
19
SERVICE:
Service Performance Plan - Implementation Plan
[Name of performance perspective/theme to be inserted here] Service Initiative Ref Nr 1A:
Performance Measure:
Target:
Ref Nr
Action Timescale Resources Key Risk to achieving action
Key action to mitigate risk
1
2
etc
Service Initiative Ref Nr 1B:
Performance Measure:
Target:
Ref Nr
Action Timescale Resources Key Risk to achieving action
Key action to mitigate risk
1
2
etc
A separate section is required for each performance perspective/them
20
BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM
Resources Committee 5 June 2007
Report of the Corporate Manager - Environmental Protection
CONTRACTS FOR THE PROCUREMENT OF VEHICLES, PLANT AND EQUIPMENT
6
1 Purpose of Report To advise Members on major procurement contracts due 2007/08 and seek approval of proposed actions.
2 Executive Summary 2.1 Amenity Services have two major contracts due for renewal early 2008 those
being:- (a) The contract for the supply and maintenance of refuse collection vehicles
and mechanical sweepers. The current contract expires June 2008. (b) The hire of grounds maintenance equipment. The current contract
expires March 2008. 2.2 Due to the lead in times required to order both the specialist vehicles and
grounds equipment both contracts should ideally be awarded by December 2007 and January 2008.
2.3 This report seeks approval of some fundamental principles to be built into each tender.
3 Proposed Action 3.1 The Committee is invited to RESOLVE that : 3.2 With regard to the tender for the supply and maintenance of RCV’s and
Sweepers that a) The term of contract be seven years with the option to extend for a further year b) The contract specifies a contract hire basis for supply and maintenance c) The non warranty work for the small vehicle fleet be added to the contract as a maintenance only schedule d) The restricted procedure be used and that the contract be evaluated against economic and technical criteria.
3.3 With regard to the tender for the hire of grounds maintenance equipment that a) The term of contract shall be three years with the option to extend by a further two years on a year by year basis. b) The contract be specified as a Hire and Maintenance contract. c) That the maintenance of Council owned specialist equipment be added to the contract. d) The restriced procedure be used and that the contract be evaluated against economic and technical criteria
4 Background 4.1 The contract for the supply and maintenance of Refuse Collection Vehicles
(RCV) and Sweepers is currently a Contract Hire contract with the supply and maintenance of 8 R.C.V.’s, 1 HGV sweeper and 1 precinct sweeper. The current term is a six year term which was considered a reasonable operating period for front line vehicles. There is no extension to this contract available and the current contractor is CP Davidson Ltd. The value of the current contract is approximately £306k p.a. (£1.5m) plus out of contract work i.e. accidental damage.
21
4.2 At the time of letting this contract it was felt that contract hire was the most cost effective option available and firmly placed a majority of the risks involved with the vehicles on the contractor.
4.3 The contract for the hire of specialist grounds maintenance equipment is a three year hire contract and equipment includes flail, rotary and pedestrian mowers, a variety of hedge trimmers, strimmers and other cutting equipment. The current contractor is SGM Ltd. The current contract value is approximately £75k p.a (£225k) plus out of contract work i.e. non specified hire, accidental damage etc.
4.4 Once again the decision to hire the equipment was decided to be the most cost effective option placing the majority of risks with the contractor.
4.5 Both these contracts provide vehicles and equipment essential to the operation of the services.
5 Discussion 5.1 Contract for the Supply and Maintenance of Refuse Collection Vehicles and
Sweepers. Initial discussions have been held with the Executive Officer for the Northamptonshire Waste Partnership (NWP) to see if there is any possibility of joint procurement with other waste collection authorities to maximise economies of scale and reduce procurement costs. Only Northamptonshire Borough Council have a similar timescale and officers from both authorities are working together to see if there is any feasibility in combining a procurement contract. The Executive Officer for the NWP has advised us to continue with the procurement exercise. (a) The ideal contract length for this contract should be seven years with the
option to extend by a further year. When tendering for RCV’s the tender needs to optimise the life of the vehicles without compromising reliability and effectiveness. A fourteen year term would allow for the replacement of the vehicles during the life of the contract. However this was thought to be too restrictive and would not give us the flexibility to adapt to any future procurement with the NWP. A contract shorter than seven years would not be as cost effective for this authority with values written off over a shorter period.
It is recommended that the term of this contract be seven years with the option to extend for a year.
(b) Consideration has been given to the type of contract envisaged. As previously mentioned the current contract is on a contract hire basis with full maintenance. The advantage of this type of contract is that operating risks can be quantified and built in to the contract so that both the Council and the successful contractor are aware of their liabilities, which provide a balanced cost. Successful contractors can borrow their full contract costs which is often seen as a cost effective option and encourages interest. This however does put the costs firmly within the revenue budgets. An alternative would be to purchase the vehicles through a capital programme. However it is unlikely that companies would show much interest in a maintenance only contract and maintenance prices could be excessive.
22
It is recommended that the contract specifies a contract hire basis for supply and maintenance.
(c) In addition to the RCV’s and Sweepers the Council has its own fleet of other vehicles including a range of vans, trucks and cars which provide vehicular resources for grounds, cleansing, day centres, dog warden and supervisory vehicles, as shown in Appendix 1. The majority of these vehicles have been replaced in 2007 and through good procurement four year warranties, in most cases, have been secured. Maintenance of these vehicles has in the past been the responsibility of the in house fitter. The fitters post has been vacant since the retirement of the previous post holder and it is felt that given the age of and the warranty on the small vehicle fleet recruitment to this post at this stage would not be a cost effective option. It is therefore recommended that any non warranty work for the small vehicle fleet be added to the contract. The salary of the vehicle fitter should be retained within the Amenity Services budget to offset any additional expenditure caused by this change.
It is recommended that the non warranty work for the small vehicle fleet be added to the contract as a maintenance only schedule.
(d) Due to the expected value of the contract the tender process will be governed by The public Contracts Regulations 2006. It is suggested that the Restricted Procedure be used. The table below shows an indicative timescale for the procedure. It is also recommended that the contract be evaluated against economic and technical criteria.
Date Action 2 Jul 07 OJEC Notice – Expressions of interest 9 Aug 07 Closure expressions of interest and selection of
tenderers 28 Aug 07 Tender issue 26 Oct 07 Tender closing date 29 Oct 07 Tender evaluation 4 Dec 07 Resource Committee – budget requirements 31 Dec 07 Award contract 10 Jan 08 Binding Contract
It is recommended that the Restricted Procedure be used and that the contract be evaluated against economic and technical criteria.
Officers will continue to prepare the contract documents and specification in order to meet these requirements.
5.2 Hire and Maintenance of Grounds Maintenance Equipment. Although it would initially appear that there could be some synergy with this contract and the RCV contract it is felt that given the two distinct specialist areas it is better to tender separately. Each specialist contract will attract a different set of technically competent tenderers and conjoining the contracts could dilute this expertise.
23
(a) It is recommended that the new contract term be for three years with the option to extend for a further two years on a year by year basis. It is recommended that the term of contract shall be for three years with the option to extend by a further two years on a year by year basis.
(b) Consideration has been given to the type of contract and it is felt that with
a Hire and Maintenance contract the risks for both the Council and prospective contractors can be balanced in order to attain the most economically advantageous price. The list and type of equipment is shown in Appendix 2. It is recommended that the contract be specified as Hire and Maintenance.
(c) Within grounds maintenance there is a range of plant and equipment
owned by the Council. This equipment tends to be of a specialist nature, such as flail mowers, and it is intended to add the maintenance of this Council owned equipment into the tender. Appendix 3 refers. It is recommended that the maintenance of additional Council owned specialist equipment be added to the contract.
(d) Due to the expected value of the contract the tender process will be
governed by The Public Contracts Regulations 2006. It is recommended that the Restricted Procedure be used. The table below shows the proposed timetable and it is recommended that the tenders be evaluated against economic and technical criteria. Date Action 2 Jul 07 OJEC Notice – Expressions of interest 9 Aug 07 Closure expressions of interest and selection of
tenderers 28 Aug 07 Tender issue 26 Oct 07 Tender closing date 29 Oct 07 Tender evaluation 4 Dec 07 Resource Committee – budget requirements 21 Dec 07 Award contract - latest 31 Dec 07 Binding contract
It is recommended that the Restricted Procedure be used and that the contract be evaluated against economic and technical criteria.
6 Legal Powers 6.1 Environmental Protection Act 1990 6.2 Household Waste Recycling Act 2003 6.3 Local Government Act 1972 6.4 Local Government (Contracts) Act 1997 6.5 The Public Contracts Regulations 2006
24
Financial and value for money implications
7.1 Risk analysis and Implications Nature of risk Consequences
if realised Likelihood of occurrence
Control measures
Failure to tender in correct manner Failure to meet planned time frame
Legal challenge against the authority Loss of vehicles and equipment unable to carry out front line services
Low Medium
The Public Contract regulations Project management
7.2 Implications for Resources
As with any tendering exercise the financial requirements to meet new contracts may have to be increased however every opportunity will be taken to try to reduce any increase to the minimum.
7.2 Implications for Stronger and Safer Communities
The provision of high quality front line services to our communities is dependant on the vehicles, plant and equipment available and the reliability of such. Investment in these services shows our commitment in providing these services.
7.3 Implications for Equalities
The procurement process ensures equality of opportunity for suppliers and service providers. The addition of non warranty work to the contracts does in the short term negate the opportunity to appoint an in house fitter however opportunities may exist with the successful tenderers.
8 Author and Contact Officer
Toni Ainley 9 Consultees
Brian Stewart Rob Wilton Chris Barnard Bob Carter
10 Background Papers Nil
25
26
Appendix 1
Borough Council of Wellingborough Owned vehicles 8 Iveco’s Tippers daily 35C12 Chassis Cabs 2 Man LE150 Tippers 1 Canter 2 Ford Connect van 230L Van 1.8 TDCI 90ps 1 Ford Ranger Pick up Thunder 2.5 1 Ford Focus Ghia 2.0TDCi 5dr Car 1 Ford Escort 55 TD 2 Citroen Xsara Picasso 1.6 HDi Desire 1 Citroen Xsara Picasso 1.6 HDi Exclusive 1 Transit 16 seater Mini Bus 1 Transit 350 cc Dropsied tipper.
27
28
APPENDIX 2 List of Grounds Maintenance Equipment required for hire Type Number Ride on Cylinder Mowers 3 cylinder, 5 blades, without cab. 4WD Length 2410mm Width 1290mm 7 Weight 960 KG Hydrostatic Drive Cutting width 2100mm Lights, Flashing beacon, tax, Number plate Fleet number To include front and rear spare wheels Borough Council logo, with working in partnership Large Pedestrian Rotary Machines 36" Blade, Twin Hydrostatic Drive 15 hp engine, & double agricultural wheels 19.litre fuel tank 6 Electronic ignition, with recoil starter Blade / clutch and transmission interlock to engine kill. Parking brake Forward and reverse speed range Side discharge To Include Spare wheel Small Pedestriam Rotary Machines 21" side discharge 5.5 hp self propelled 1.5 litre or more fuel tank 8 Side discharge adjustable handle Hand held Blower Petrol engine mixture 25.1 2 litre fuel tank. Recoil Starter 9 Weight without tubes no more than 10.kg To include tool kit with plug wrench Strimmers Petrol engine mixture, Single cylinder 2.6 (bhp) To include harness 9 Adjustable handles Recoil Starter To include tool kit with plug wrench Hedge Cutters 30" Single blade Petrol engine mixture 50.1 9 Air cooled single cylinder To include Tool kit with plug wrench
29
Long Handled Hedge Cutters 360 degree turning blade 18" to 20 " blade 3 Transport length 2360mm Petrol engine mixture 25.1 Recoil starter Stop switch Tool kit including spark plug wrench Harness Lawn Edger Petrol engine mixture 25.1 Recoil starter 1 Stop switch Tool kit including spark plug wrench Harness Trailers 14ft Beaver Fully galvanized transport beaver tail trailer Platform 4.23m in length Platform width 1.98m 3 Loading height 0.63m Gross weight 2000Kg. EC approved auto-reverse braking system Beam axles with heavy duty leaf springs Heavy duty jockey wheel Full regulation lighting Spare wheel and carrier Removable headboard and sides Greens Machines 3 9 blade cutter cassette 24” (61cm) width. to include inter changeable scarifier, brush, and slitter cassette Petrol driven with collection box Water Bowser 2250LITRE (500 GALLON) CHASSIS Constructed from 100 x 50 R.S.C. fully welded with an 1 'A' frame drawbar,finish painted. AXLE/SUSPENSION Avonride rubber torsion beam axle fitted with 300 x 60 auto reverse brakes. 5 stud 6½" pcd hubs. WHEELS/TYRES 2 no. 750 x 16 x 12 ply commercial van tyres on 5 stud 6 ½" Pcd rims. COUPLING Knott 3000kg auto reverse coupling fitted with 40mm eye, break away cable and parking brake lever Tank Cylindrical in section moulded from polyethylene & fitted with a 4" hinged cover & 2" filler. Tank secured to chassis with 2 stainless steel straps 1 rear strap PUMP 1" Honda petrol engine driven pump c/w 50ft of ½" hose on rewind hose reel, and spay nozzle Steel mudguards, front telescopic jockey wheel, lighting board. Rear chevron board with direction arrow & flashing beacons. DIMENSIONS Approximately : Width 1.879m (6'2") Gross weight 3000kg Length 3.581m(11' 10") Height 1.854m(6'1") Unladen weight 640kg
30
Ride on cylinder collectable cutting width 36” overall width 44" 1 weight 352kg (702lb) Engine Honda GX340 11hp Eaton Hydrostat operated via cable. 1016mm (40”) 2083mm (82”) Variable 6.5mm to 44.5mm (2.5” to 11.75”) Handle mounted lever operating tight and loose triple V belts via rods. Three piece steel, rubber covered with full differential running in an oil bath.
All steel on sealed bearings. Double Helix, 6 bladed, all welded, high carbon spring steel, hardened and tempered to 45HRC Mounted on greasable bearings Manufactured from EN8 hardened and tempered to 45HRC. Rotationally moulded plastic with deflector hood and steel lifting bar. Rod operated brakes, fitted as standard. Trailing seat
31
32
Appendix 3
Borough Council of Wellingborough Owned kit 3 x 4 wheeled drive tractors Currently 2 x Massey Ferguson 5455 1 x John Deere 5410 Mc’Connel Power Arm 50 flail mower Mc’Connel Magnum Elite 225 Rear mounted flail mower. John Deere 997 zero turn mower John Deere Compact tractor 855 John Deere 300CX quick tatch loader Piranha Bio S400 D Shredder TM749 Hayter Hydraulic trailed gang mower. JCB 8018 Mini Gravemaster excavator 8 pedestrian sweepers 6 Applied. 1 Johnson Mad vac 1 Parker Madeline 1 water bowser 3 Tractor Trailers 4 plant trailers I Amazone Hopper. 1 Towed lighting rig various small kit, Hedge cutters, Pedestrian Cylinder mowers Certies Atco’s Portable pressure washer.
33
34
BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM
Resources Committee 5 June 2007
Report of the Monitoring Officer
ADOPTION OF CODE OF CONDUCT AND UPDATES TO THE CONSTITUTION
7
1 Purpose of Report 1.1 To adopt the new Code of Conduct recently approved by Parliament and to
authorise the updating of the Constitution in respect of changes to the powers of Standards Committees and council procedures.
2 Executive Summary The Council is required by the Local Government Act 2000 to adopt the 2007 model code of conduct; the principal features of the new Code are summarised in section 5 below. Under the Local Government & Public Involvement in Health Bill, there are expected to be additional duties for Standards Committees to undertake the “first sift” of new complaints and the report proposes an addition to the delegated powers of the Standards Committee to reflect this. The Council has approved changes to the Constitution in respect of planning delegations, and to officers, the operation of the market. These will be reflected in the next issue of the document.
3 Proposed Action The Committee is invited to RECOMMEND: 3.1 That the Code of Conduct set out in the Local Authorities (Model Code of
Conduct) Order 2007 be adopted 3.2 That delegations to Standards Committee in respect of new legal
responsibilities be approved 3.3 That the changes to the Constitution in respect of officer delegations and
to change policy committee compositions from 11 to 13 members detailed in sections 5.4 and 5.5 of the report be approved
4 Background 4.1 The Local Authorities (Model Code of Conduct) Order 2007 came into force on 3
May 2007. 4.2 Changes to planning thresholds were approved by the Resources Committee on
13 March 2007. A delegation to the Executive Director – Stronger Communities was approved by the Environment Committee at its meeting on 24 January 2006.
35
5 Discussion
Code of Conduct 5.1 A copy of the new Code of Conduct as it will appear in the Constitution is
attached as Appendix A to the report. 5.2 Principal changes from the existing Code are:
• The duty not to unlawfully discriminate against anyone is replaced by a requirement not to do anything to cause a breach of the authority’s duty under the Equality Act
• A specific prohibition against bullying and intimidation now appears • A recognition that the disclosure of confidential information is acceptable if it can
be demonstrated that this was reasonable and in the public interest • A specific reference to complying with the Code on Local Authority Publicity
(attached as Appendix B; this document will be included in the Constitution) • A requirement to give reasons for formal decisions in some circumstances • At the moment, a member does not have a personal interest in an issue that that
is shared with or affects the whole of the authority’s area; this is narrowed to shared with the electoral ward
• Relating to wider interests, the reference to friend is supplemented by “or close associate”
• The “public service representation” is reflected and recognised under as interests arising from membership of bodies exercising functions of a public nature or those to which a member is appointed need only be declared at meetings when the member decides to speak
• re-introducing the old pecuniary interest as regards prejudicial interests, confining these only to issues affecting the councillor’s financial well-being
• enables a member with a prejudicial interest in a matter to make representations to the meeting to the same extent as the public are; they must still leave the room when the decision is made
Standards Committee 5.3 To record and incorporate new powers under the Local Government & Public
Involvement in Health Bill when these provisions become law, it proposed to add to section 3.3.23 of the Constitution detailing the Standards Committee’s powers as follows: (a) The exercise of the Council’s powers to receive and refer/not refer
allegations of allegations of a failure by a member/co-opted member to comply with the Code of Conduct
(b) The exercise of the Council’s powers in relation to granting of exemptions from designation as politically restricted in relation to council employees
New Officer Delegations Approved through Environment Committee 5.4 The Constitution needs to be amended to reflect recent delegations as follows:
These are (a) The Executive Director (Stronger Communities) to approve days and
times for markets
36
(b) The designation of authorising officers and persons to issue fixed penalty notices (under the Clean Neighbourhood and Environment Act 2005) delegated to the Corporate Manager – Environmental Protection
(c) In addition to paragraph 5.4 (a) above, the Environment Committee of 6 June 2007 has before it a recommendation that the Executive Director (Stronger Communities) be authorised to approve changes to the market regulations. In the event that this is approved, this would be a further amendment to the Constitution.
Policy Committees - Composition
5.5 The Constitution sets the membership of the Resources, Community and
Environment Committee as 11. It is proposed that these be increased to 13 members each and that any necessary changes to party entitlements to seats be made in the event of the Council approves the committee’s recommendation in this connection.
6 Legal Powers 6.1 Local Authorities (Model Code of Conduct) Order 2007. 7 Financial and value for money implications 7.1 There are no financial or value for money implications. 8 Risk analysis and Implications
Nature of risk Consequences if
realised Likelihood of occurrence
Control measures
Poor compliance with the Code of Conduct
Public confidence in local representatives reduces
Given the clarifications the new Code brings with it, unlikely
Training on the Code and procedures at meetings
8.1 Implications for Resources
There are no property or staffing implications.
8.2 Implications for Stronger and Safer Communities There are no implications for stronger and safer communities.
8.3 Implications for Equalities
The Code of Conduct supports the Council’s corporate duty under the Equality Act.
9 Author and Contact Officer David Seabrooke, Monitoring Officer, 01933 231510
10 Consultees
None 11 Background Papers
None
37
38
APPENDIX A
SCHEDULE
THE MODEL CODE OF CONDUCT
PART 1 – GENERAL PROVISIONS
1.0 Introduction and Interpretation
1.1 This Code applies to you as a member of an authority. 1.2 You should read this Code together with the general principles prescribed by the Secretary of State. 1.3 It is your responsibility to comply with the provisions of this Code. 1.4 In this Code:-
"meeting" means any meeting of:-
(a) the authority; (b) the executive of the authority; (c) any of the authority's or its executive's committees, sub-committees, joint committees, joint sub-committees, or area committees;
"member" includes a co-opted member and an appointed member. 1.5 In relation to a parish council, references to an authority's monitoring officer and an authority's standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000. 2.0 Scope
2.1 Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you:
a) conduct the business of your authority (which, in this Code, includes he business of the office to which you are elected or appointed); or (b) act, claim to act or give the impression you are acting as a representative of your authority,
and references to your official capacity are construed accordingly.
39
APPENDIX A
2.2 Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity. 2.3 In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted. 2.4 Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date). 2.5 Where you act as a representative of your authority:
(a) on another relevant authority, you must, when acting for that other authority, comply with that other authority's code of conduct; or (b) on any other body, you must, when acting for that other body, comply with your authority's code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.
3.0 General Obligations
3.1 You must treat others with respect. 3.2 You must not:-
(a) do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006; (b) bully any person; (c) intimidate or attempt to intimidate any person who is or is likely to be:-
i. a complainant, ii. a witness, or iii. involved in the administration of any investigation or proceedings,
in relation to an allegation that a member (including yourself) has failed to comply with his or her authority's code of conduct; or
40
APPENDIX A
(d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.
3.3 In relation to police authorities and the Metropolitan Police Authority, for the purposes of sub-paragraph (2)(d) those who work for, or on behalf of, an authority are deemed to include a police officer.
4.0 You must not:-
(a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where:-
i. you have the consent of a person authorised to give it; ii. you are required by law to do so; iii. the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or iv. the disclosure is:-
• reasonable and in the public interest; and
• made in good faith and in compliance with the reasonable requirements of the authority; or
(b) prevent another person from gaining access to information to which that person is entitled by law.
5.0 You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute. 6.0 You:-
(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and (b) must, when using or authorising the use by others of the resources of your authority:-
i. act in accordance with your authority's reasonable requirements; ii. ensure that such resources are not used improperly for political purposes (including party political purposes); and
41
APPENDIX A
(c) must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.
7.1 When reaching decisions on any matter you must have regard to any relevant advice provided to you by:-
(a) your authority's chief finance officer; or (b) your authority's monitoring officer,
` where that officer is acting pursuant to his or her statutory duties.
7.2 You must give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by
PART 2 - INTERESTS
8.0 Personal Interests
8.1 You have a personal interest in any business of your authority where either:-
(a) it relates to or is likely to affect:-
i any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority; ii. any body:-
• exercising functions of a public nature;
• directed to charitable purposes; or
• one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union),
of which you are a member or in a position of general control or management;
iii. any employment or business carried on by you; iv. any person or body who employs or has appointed you;
42
APPENDIX A
v. any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties; vi. any person or body who has a place of business or land in your authority's area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower); vii. any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi); viii. the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25; ix. any land in your authority's area in which you have a beneficial interest; x. any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant; xi. any land in the authority's area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer; or
(b) a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of:-
i. (in the case of authorities with electoral divisions or wards) other council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision; ii. (in the case of the Greater London Authority) other council tax payers, ratepayers or inhabitants of the Assembly constituency affected by the decision; or iii. (in all other cases) other council tax payers, ratepayers or inhabitants of your authority's area.
43
APPENDIX A
8.2 In sub-paragraph (1)(b), a relevant person is—
(a) a member of your family or any person with whom you have a close association; or (b) any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors; (c) any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or (d) any body of a type described in sub-paragraph (1)(a)(i) or (ii).
9.0 Disclosure of Personal Interests
9.1 Subject to sub-paragraphs (2) to (7), where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent. 9.2 Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business. 9.3 Where you have a personal interest in any business of the authority of the type mentioned in paragraph 8(1)(a)(viii), you need not disclose the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting. 9.4 Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest. 9.5 Where you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your authority's register of members' interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting. 9.6 Subject to paragraph 12(1)(b), where you have a personal interest in any business of your authority and you have made an executive decision in relation to that business, you must ensure that any written statement of that decision records the existence and nature of that interest.
44
APPENDIX A
9.7 In this paragraph, "executive decision" is to be construed in accordance with any regulations made by the Secretary of State under section 22 of the Local Government Act 2000. 10.0 Prejudicial Interest Generally
10.1 Subject to sub-paragraph (2), where you have a personal interest in any business of your authority you also have a prejudicial interest in that business where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest. 10.2 You do not have a prejudicial interest in any business of the authority where that business:-
(a) does not affect your financial position or the financial position of a person or body described in paragraph 8; (b) does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or (c) relates to the functions of your authority in respect of:-
i. housing, where you are a tenant of your authority provided that those functions do not relate particularly to your tenancy or lease; ii. school meals or school transport and travelling expenses, where you are a parent or guardian of a child in full time education, or are a parent governor of a school, unless it relates particularly to the school which the child attends; iii. statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay; iv. an allowance, payment or indemnity given to members; v. any ceremonial honour given to members; and vi. setting council tax or a precept under the Local Government Finance Act 1992.
45
APPENDIX A
11.0 Prejudicial interests arising in relation to overview and Scrutiny Committees
11.1 You also have a prejudicial interest in any business before an overview and Scrutiny Committee of your authority (or of a Sub-Committee of such a Committee) where:-
(a) that business relates to a decision made (whether implemented or not) or action taken by your authority's executive or another of your authority's Committees, Sub-Committees, joint committees or joint Sub-Committees; and (b) at the time the decision was made or action was taken, you were a member of the executive, Committee, Sub-Committee, Joint Committee or Joint Sub-Committee mentioned in paragraph (a) and you were present when that decision was made or action was taken.
12.0 Effect of Prejudicial Interests on Participation
12.1 Subject to sub-paragraph (2), where you have a prejudicial interest in any business of your authority:-
(a) you must withdraw from the room or chamber where a meeting considering the business is being held:-
i. in a case where sub-paragraph (2) applies, immediately after making representations, answering questions or giving evidence; ii. in any other case, whenever it becomes apparent that the business is being considered at that meeting
unless you have obtained a dispensation from your authority's standards committee;
(b) you must not exercise executive functions in relation to that business; and (c) you must not seek improperly to influence a decision about that business.
12.2 Where you have a prejudicial interest in any business of your authority, you may attend a meeting (including a meeting of the overview and Scrutiny Committee of your authority or of a Sub-Committee of such a Committee) but only for the purpose of making representations, answering questions or giving evidence relating to the business,
46
APPENDIX A
provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.
Part 3 – REGISTRATION OF MEMBER’S INTERESTS
13.0 Registration of Members' Interests
13.1 Subject to paragraph 14, you must, within 28 days of:-
(a) this Code being adopted by or applied to your authority; or (b) your election or appointment to office (where that is later),
register in your authority's register of members' interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1)(a), by providing written notification to your authority's monitoring officer.
13.2 Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest or change to any personal interest registered under paragraph (1), register details of that new personal interest or change by providing written notification to your authority's monitoring officer. 14.0 Sensitive Information
14.1 Where you consider that the information relating to any of your personal interests is sensitive information, and your authority's monitoring officer agrees, you need not include that information when registering that interest, or, as the case may be, a change to that interest under paragraph 13. 14.2 You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under paragraph (1) is no longer sensitive information, notify your authority's monitoring officer asking that the information be included in your authority's register of members' interests. 14.3 In this Code, "sensitive information" means information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or intimidation.
47
48
APPENDIX B
CODE OF RECOMMENDED PRACTICE ON PUBLICITY
Subject Matter
1. Local authorities have a variety of statutory powers which enable them to produce publicity and circulate it widely, or to assist others to do so. Those commonly used include the powers in sections 111, 142, 144 and 145 of the Local Government Act 1972, sections 69, 88 and 90 of the Local Government (Scotland) Act 1973 and sections 15 and 16 of the Local Government and Planning (Scotland) Act 1982; but there are several others.
2. Some of these powers relate directly to the publishing authority's functions. Others give a more general discretion to publicise matters which go beyond an authority's primary responsibilities. For example, Section 142(1A) of the 1972 Act and 88(1) of the 1973 Act authorise local authorities to arrange for the publication within their area of information as to the services available in the area provided by them or by other local authorities; and Section 54 of the Public Health (Control of Disease) Act 1984 empowers local authorities to arrange for the publication within their area of information on questions relating to health or disease.
3. This discretion provides an important degree of flexibility, but also heightens the need for a responsible approach to expenditure decisions.
4. In considering the subject areas in which publicity is to be issued, the following matters will be important:
(i) the publicity should be relevant to the functions of the authority. (ii) it should not duplicate unnecessarily publicity produced by central government, another local authority or another public authority.
Costs
5. Local authorities are accountable to the public for the efficiency and effectiveness of their expenditure, in the first instance through the audit arrangements.
6. For publicity, as for all other expenditure, the aim should therefore be to achieve the greatest possible cost-effectiveness.
7. To achieve this, there may well be cases where the benefit of higher expenditure to gain better presentation or improve other aspects of publicity will justify the extra cost.
8. Local authorities should therefore always have in mind the extent to which expert advice is needed for publicity.
9. In some cases publicity may justify its cost by virtue of savings which it achieves. More commonly it will be necessary to take a view of the importance of the unquantifiable benefits as compared with other uses to which the resources could be put.
49
APPENDIX B
10. In deciding whether the nature and scale of proposed publicity, and consequently its cost, are justified, the following matters will be relevant:
(i) whether the publicity is statutorily required or is discretionary. (ii) where it is statutorily required, the purpose to be served by the publicity. (iii) whether the expenditure envisaged is in keeping with the purpose and expected effect of the publicity.
Content and Style
11. Local authorities produce a variety of publicity material. It ranges from factual information about the services provided by the authority, designed to inform clients or attract new ones, to material necessary to the administration of the authority, such as staff recruitment advertising. There will also be publicity to explain or justify the council's policies either in general, as in the annual report, or on specific topics, for example as background to consultation on the line chosen for a new road.
12. Any publicity describing the council's policies and aims should be as objective as possible, concentrating on facts or explanation or both.
13. Where publicity is used to comment on, or respond to, the policies and proposals of central government, other local authorities or other public authorities, the comment or response should be objective, balanced, informative, and accurate. It should aim to set out the reasons for the Council's views, and should not be a prejudiced, unreasoning or political attack on the policies or proposals in question or on those putting them forward. Slogans alone will not be an adequate means of justifying or explaining the authority's views or their policy decisions.
14. Publicity relating to the provision of a service should concentrate on providing factual information about the service.
15. In some cases promotional publicity may be appropriate - for example about the local authority's sports and leisure facilities or about tourist attractions.
16. Publicity touching on issues that are controversial, or on which there are arguments for and against the views or policies of the Council, is unavoidable, particularly given the importance of wide consultation whenever material issues arise. Such publicity should be handled with particular care. Issues must be presented clearly, fairly and as simply as possible, although Councils should not over-simplify facts, issues or arguments. Again, it is unlikely that slogans alone will achieve the necessary degree of balance, or capture the complexities of opposing political arguments.
17. Publicity should not attack, nor appear to undermine, generally accepted moral standards.
18. Publicity campaigns by local authorities are appropriate in some circumstances: for example, as part of consultation processes where local views are being sought, or to promote the effective and efficient use of local services and facilities, or to attract tourists or investment. Publicity campaigns
50
APPENDIX B
may also be an appropriate means of influencing public behaviour or attitudes on such matters as health, safety, crime prevention or equal opportunities.
19. Legitimate concern is, however, caused by the use of public resources for some forms of campaigns, which are designed to have a persuasive effect. Publicity campaigns can provide an appropriate means of ensuring that the local community is properly informed about a matter relating to a function of the local authority and about the authority's policies in relation to that function and the reasons for them. But local authorities, like other public authorities, should not use public funds to mount publicity campaigns whose primary purpose is to persuade the public to hold a particular view on a question of policy.
Dissemination
20. The main purposes of local authority publicity are to increase public awareness of the services provided by the authority and the functions it performs; to allow local people to have a real and informed say about issues that affect them; to explain to electors and ratepayers the reasons for particular policies and priorities; and in general to improve local accountability.
21. Information and publicity produced by the Council should be made available all those who want or need it. Local authorities should not discriminate in to favour of, or against, persons or groups in the compilation and distribution of material for reasons not connected with the efficiency and effectiveness of issuing the publicity.
22. Where material is distributed on matters closely affecting vulnerable sections of the community - for example, the elderly - particular care should be taken to ensure that it is unambiguous, readily intelligible, and unlikely to cause needless concern to those reading, seeing or listening to it.
23. Local authority newspapers, leaflets, other publicity distributed unsolicited from house to house and information on websites are able to reach far wider audiences than publicity available on application to the council. Councils should give particular consideration to the use of electronic and other new media communication systems. However, Councils should ensure that they do not rely solely on such mechanisms and that they do not exclude those without access or easy access to such systems.
24. Such publicity should be targeted as appropriate for its purposes, taking particular care with material touching on politically controversial issues.
25. Local authority newspapers or information bulletins are a special case. They are often a cost-effective means of disseminating information, or facilitating consultation and can provide a means for local people to participate in debate on decisions the council is to take. The advantage of using websites and other information technology for consultations should also be considered. Inevitably such publications will touch on controversial issues and where they do they should treat such issues in an objective and informative way, bearing in mind the principles set out in paragraphs 11-19 of the Code.
51
APPENDIX B
26. Where it is important for information to reach a particular target audience, consideration should be given to using the communications networks of other bodies, for example those of voluntary organisations, and making use of electronic communication systems.
Advertising
27. Advertising, especially on billboards or on television and radio, is a highly intrusive medium. It can also be expensive. It may however provide a cost- effective, efficient means of conveying public information to the widest possible audience. Advertising on local radio networks has, for example, been used as a relatively inexpensive means of telling potential clients about local authority services. Advertising can also be the most cost-effective means of publicising a local authority's activities on promoting the social, economic and environmental well-being of the area.
28. The primary criterion for decisions on whether to use advertising should be cost-effectiveness.
29. Advertisements are not normally likely to be appropriate as a means of explaining policy or commenting on proposals, since an advertisement by its nature summarises information, compresses issues and arguments, and markets views and opinions.
30. Advertising in media which cover an area significantly wider than that of the authority is not likely to be an appropriate means of conveying information about a local authority's policies as opposed to attracting people to the authority's area or to use its facilities.
31. The attribution of advertising material leaflets and other forms of publicity that reach the public unsolicited should be clearly set out.
32. It is not acceptable, in terms of public accountability, to use the purchase of advertising space as a disguised means of subsidy to a voluntary, industrial or commercial organisation. Such support should be given openly through the normal grant arrangements. However, the conditions attached to a grant may require the provision of publicity, including publicity for the work of the authority.
33. Any decision to take advertising space in a publication produced by a voluntary, industrial or commercial organisation should be made only on the grounds that it provides an effective and efficient means of securing the desired publicity.
34. Local authorities should never use advertising as a means of giving financial support to any publication associated with a political party.
Recruitment Advertising
35. Local authorities have respected in their staff employment policies the tradition of a politically impartial public service. Their recruitment publicity should reflect this tradition, and the fact that local authority staff are expected to serve the authority as a whole, whatever its composition from time to time.
52
APPENDIX B
36. The content of recruitment publicity and the media chosen for advertising job vacancies should be in keeping with the objective of maintaining the politically independent status of local authority staff.
37. Advertisements for staff should not be placed in party political publications.
Individual Councillors
38. Publicity about individual Councillors may include the contact details, the positions they hold in the Council (for example, member of the Executive or Chair of Overview and Scrutiny Committee), and their responsibilities. Publicity may also include information about individual Councillors' proposals, decisions and recommendations only where this is relevant to their position and responsibilities within the Council. All such publicity should be objective and explanatory, and whilst it may acknowledge the part played by individual councillors as holders of particular positions in the Council, personalisation of issues or personal image making should be avoided.
39. Publicity should not be, or liable to misrepresentation as being, party political. Whilst it may be appropriate to describe policies put forward by an individual Councillor which are relevant to her/his position and responsibilities within the Council, and to put forward her/his justification in defence of them, this should not be done in party political terms, using political slogans, expressly advocating policies of those of a particular political party or directly attacking policies and opinions of other parties, groups or individuals.
Elections, Referendums and Petitions
40. The period between the notice of an election and the election itself should preclude proactive publicity in all its forms of candidates and other politicians involved directly in the election. Publicity should not deal with controversial issues or report views, proposals or recommendations in such a way that identifies them with individual members or groups of members. However, it is acceptable for the authority to respond in appropriate circumstances to events and legitimate service enquiries provided that their answers are factual and not party political. Members holding key political or civic positions should be able to comment in an emergency or where there is a genuine need for a member level response to an important event outside the authority's control. Proactive events arranged in this period should not involve members likely to be standing for election.
• The Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 (which apply under the Local Government Act 2000 to County Councils, District Councils and London Borough Councils) prohibit an authority from incurring any expenditure to
• Publish material which appears designed to influence local people in deciding whether or not to sign a petition requesting a referendum on proposals for an elected mayor;
• Assist anyone else in publishing such material; or
53
APPENDIX B
• Influence or assist others to influence local people in deciding whether or not to sign a petition.
Publicity in these circumstances should, therefore, be restricted to the publication of factual details which are presented fairly about the petition proposition and to explaining the council's existing arrangements. Local authorities should not mount publicity campaigns whose primary purpose is to persuade the public to hold a particular view in relation to petitions generally or on a specific proposal.
41. County Councils, District Councils and London Borough Councils should ensure that any publicity about a referendum under Part II of the Local Government Act 2000 (the 2000 Act) either prior to or during the referendum period is factually accurate and objective. The referendum period means the period beginning with the date on which proposals under Part II of the 2000 Act are sent to the Secretary of State and ending with the date of the referendum. The publicity should not be capable of being perceived as seeking to influence public support for, or opposition to, the referendum proposals and should not associate support for, or opposition to, the proposals with any individual or group. Local authorities must conform with any specific restrictions on publicity activities which are required by Regulations under Section 45 of the 2000 Act.
Assistance to Others for Publicity
42. The principles set out above apply to decisions on publicity issued by local authorities. They should also be taken into account by local authorities in decisions on assistance to others to issue publicity. In all such decisions local authorities should, to the extent appropriate:
(a) incorporate the relevant principles of the Code in published guidance for applicants for grants;
(b) make the observance of that guidance a condition of the grant or other assistance;
(c) undertake monitoring to ensure that the guidance is observed.
43. It is appropriate for local authorities to help charities and voluntary organisations by arranging for pamphlets or other material produced and paid for by the organisation to be available for collection by the public in public libraries and other suitable locations. Such material should not offend against any legal provision, (authorities may be able to draw on their powers of well-being in Section 2 of the Local Government Act 2000) but (subject to this) any such facility should be made available on a fair and equal basis.
54
BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM
Resources Committee 5th June 2007
Report of the Corporate Manager - Community Cohesion
AUTHORISATION OF GILLIAN PATRICIA STEWART TO REPRESENT THE BOROUGH COUNCIL OF WELLINGBOROUGH IN THE MAGISTRATES’ COURT
8
1 Purpose of Report 1.1 To authorise Gillian Patricia Stewart to represent the Borough Council of
Wellingborough in the Magistrates’ Court. 2 Executive Summary 2.1 Legal proceedings for the recovery of unpaid Council Tax are dealt with by the
Magistrates’ Court. To represent the Borough Council, an officer needs to be a qualified solicitor or have been authorised by a resolution of the Council.
3 Proposed Action 3.1 The Committee is invited to RECOMMEND that Gillian Patricia Stewart can
represent the Borough Council of Wellingborough in the Magistrates’ Court in proceedings relating to the recovery of Council Tax, Business Rates and any penalties.
4 Background 4.1 Gillian Patricia Stewart was appointed to the post of Recovery and Collections
Supervisor on 26th April 2007. 4.2 Legal proceedings for the recovery of unpaid Council Tax, Business Rates and
penalties are dealt with by the Magistrates’ Court. To represent the Borough Council, an officer needs to be a qualified solicitor or have been authorised by a resolution of the Council.
4.3 The previous Recovery and Collections Supervisor resigned from the post in
2006 and interim responsibility for the Magistrates’ Court proceedings have been undertaken by the Recovery Assistant or the Consortium Business Rate Manager.
5 Discussion 5.1 Gillian Patricia Stewart will also be available to represent the Borough Council in
the Magistrates’ Court for the collection of Business Rates in the absence of the Consortium Business Rate Manager if required.
55
6 Legal Powers 6.1 Section 223 of the Local Government Act 1972 states that a Local Authority can
be represented by a person who is not a qualified solicitor provided they have been authorised by a resolution of the Council.
6.2 The principal legislation for Council Tax the Local Government Finance Act 1992. 7 Financial and value for money implications 7.1 None 8 Risk analysis and Implications None 8.1 Implications for Resources None 8.2 Implications for Stronger and Safer Communities None 8.3 Implications for Equalities
None
8 Author and Contact Officer
Richard Watson, Consortium Business Rate Manager 9 Consultees None 10 Background Papers None
56
