ITEM CA11
CABINET – 23 JUNE 2009
REVIEW OF APPOINTMENTS
Report by Assistant Head of Legal & Democratic Services
Introduction
1. This report asks the Cabinet to consider member appointments to a variety of bodies which in different ways support the discharge of the Council’s executive functions. The report identifies the basis on which appointments to the respective bodies have been made in the past and, subject to any adjustments that may be considered appropriate, invites the Cabinet to agree arrangements for filling the councillor places on those bodies.
Joint Committees
2. These are formal bodies set up to exercise statutory functions jointly with other authorities. Members of joint committees exercising executive functions must be members of the Cabinet.
The current joint committees are listed in Annex 1 (download as .doc file).
Local Statutory Bodies
3. The County Council is required to set up and run a number of local bodies in connection with certain of its statutory functions, typically in partnership with other organisations. County Council representation is not generally limited to Cabinet Members although the view has been taken in the case of the Supporting People Commissioning Body that the appointee should be a Cabinet Member.
The current local statutory bodies are listed in Annex 2 (download as .doc file)..
Standing Advisory Bodies
4. This category comprises a small number of bodies which have been set up on a permanent basis in connection with particular functions. They do not posses executive powers but provide a forum for discussion and liaison. County Council representation is not limited to Cabinet Members.
The current standing advisory bodies are listed in Annex 3 (download as .doc file)..
5. Since the last review the constitution of the Schools Forum has been revised and the Cabinet is invited to of its Members as observers. The Local Authority has a duty under the Schools Forums (England) Regulations 2002 (as amended) to consult the forum on various matters concerning the school funding formula, relevant contracts and financial issues. A copy of the current constitution is attached as an appendix to Annex 3.
Informal Member/Officer Working Groups
6. This is a large and diverse group of informal bodies set up from time to time to assist with the discharge of the responsibilities of the Cabinet. There is a wide variety of form and purpose, from purely internal management tools to inter-authority forums for overseeing issues of common interest. Members and officers share an equal status on these bodies, which are not subject to the access to information rules applying to formal committees and sub-committees. However some are open to the public and allow public address at their meetings.
7. These bodies cannot exercise executive functions themselves but provide a valuable forum for discussion of issues outside the formal decision-making processes. Thus, where voting on such groups is permitted this can only be on the basis of an indicative view and cannot in any way bind the body responsible for the ultimate decision.
8. The informal member / officer working groups are listed in Annex 4 (download as .doc file)..
Member Champions
9. Under the Council’s Constitution the Cabinet may designate member champions and appoint councillors to, and remove them from these roles. The current member champions are listed in Annex 5 (download as .doc file).
Method of Appointment
10. Various methods of appointment to the different bodies listed in Annexes 1 – 4 have been introduced over the years. In many cases appointments have been made expressly on the basis of political proportionality, sometimes translated into a fixed representation based on the balance existing at the time: typically “one from each political group”. Where the Cabinet wishes there to be a presumption that the appointments on particular bodies will be on the basis of proportionality it may consider it appropriate to do so simply on the basis of the formula “a presumption on the nomination of the political groups according to political balance”.
A table showing the proportionality calculations for up to 15 seats on the basis of the current composition of the Council is shown at Annex 6 (download as .doc file).. (It is suggested that where the calculations do not produce an exact “fit”, that the Leader of the Council should determine any necessary adjustment.)
11. Where it is considered appropriate to restrict appointments to particular office holders it would be helpful for these to be made impersonally by reference to function so that re-appointment is not necessary in the event that the identity of the office holder or his/her responsibilities change – for example, the “Cabinet Member whose portfolio includes Adult Social Services”. In general, it is recommended that the Cabinet should generally avoid appointments from Scrutiny Committees where this may result in the Scrutiny member being called upon to review decisions where s/he has been involved in the background work, even if on an informal basis.
Outside Bodies/Partnerships
12. The Cabinet is responsible for appointments to those Outside Bodies which it has identified as ‘strategic’ and ‘noted as such on a list of all relevant offices and bodies from time to time presented to and endorsed by the Council’. Appointments need to be made to those bodies for 2009/10 onwards. .
13. The relevant outside bodies / partnerships* are listed in Annex 7 (download as .doc file).
14. *It should be noted that on 21 July 2009 the Forward Plan indicates that the Cabinet will consider Partnership governance principles, membership and decision making (topic ref 2009/044). It is therefore suggested that the current arrangements in respect of the partnerships bodies contained in the list of outside bodies remains unchanged until that report is considered.
15. Alongside the governance arrangements for partnerships it is proposed to also review the wider appointments process, particularly with regard to outside bodies.
RECOMMENDATIONS
16. The Cabinet is RECOMMENDED to:
(a) agree the basis for appointments to the respective bodies listed in Annexes 1 to 4 to the report; (b) consider whether it wishes to nominate two Cabinet members as observers to the Schools Forum; (c) review and where necessary make appointments to the Member Champion roles; and (d) make appointments to the bodies listed in Annex 6 to the report.
TONY CLOKE Assistant Head of Legal & Democratic Services
Background Papers: Nil
Contact Officer: Tony Cloke Tel: (01865) 815314
May 2009
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