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CHILTERN DISTRICT COUNCIL
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SCRUTINY COMMITTEE – 19 MARCH 2002
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Background Papers, if any, are specified at the end
of the Report
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AGENDA ITEM No 1
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1 STRATEGY REPORTS FROM THE EXECUTIVE
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Contact Officer: Peter Short
(01494 732071)
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At the Executive on the 12 March 2002 the
following three strategy reports were considered.
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Agenda Item 6A
- Revised Community Safety Strategy Plan
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Agenda Item 7
- Best Value Performance Plan 2002/2003
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Agenda Item 8B
- Treasury Management Strategy 2002/2003
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These three strategies are part of the Policy
and Budgetary Framework, which Scrutiny may wish to consider.
The views and decision of the Executive on each will be
reported to the Scrutiny Committee at the meeting.
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Members are asked to bring their copies
of these reports to the meeting.
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AGENDA ITEM No 2
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2 COMMUNICATION BETWEEN SCRUTINY AND THE
EXECUTIVE
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Contact Officer: Peter Short
(01494 732071)
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At the Council meeting on 5 March 2002 the
following minute arose from the discussion on Minute 49 of the
Scrutiny meeting of 19 February 2002.
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“Arising on Minute 49 of the Scrutiny
Committee, Members raised concern over the letter sent by the
Portfolio Holder to the Chairman of the Scrutiny Committee.
Since the meeting on 19 February, copies of the letter had
been despatched to all Members. It was suggested that some
form of protocol should be adopted with regard to this matter.
The Portfolio Holder explained the reasons behind the letter
to those present. The Chairman of the Scrutiny Committee
stated that he would discuss with the Executive the issues
raised”.
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The Head of Legal Services will draw up a
protocol on this but the views of the Scrutiny Committee are
required before this is done. Also the Chairman has drafted a
letter (Appendix 2)
to the Executive leader for use in relevant
circumstances.
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AGENDA ITEM No 3
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3 DRAFT REPORT FROM THE CHAIRMAN
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Contact: Cllr Archie Campbell
(01494 863898)
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The Draft First Report from the Chairman of
Scrutiny Committee is attached at Appendix 3 for
discussion.
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AGENDA ITEM No 4
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4 POLICY AND ADVISORY GROUPS (PAGS)
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Contact: Cllr Archie Campbell
(01494 863898)
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Attached at Appendix 4.1 and 4.2 are
the ground rules for PAGS and the analysis of the PAGS held for
last year. The Chairman would like to discuss this with the
Committee.
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AGENDA ITEM No 5
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5 RESOURCES FOR SCRUTINY FUNCTION
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Contact Officer: Peter Short
(01494 732071)
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5.1
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Members of this Committee have expressed concern about the
resources available for Scrutiny and therefore their ability to
carry out their new role. It is less than a year since the
Council adopted the Executive/Leader model and in that time the
Executive and Scrutiny roles have been developing. Both roles
have demanded more resources than before but part of this is
because of the monthly cycle compared to the previous six weeks
cycle.
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5.2
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The guidance stated ‘To be effective overview and
Scrutiny Committees must have effective and properly resourced
support from officers’. This has been recognised and it
is Management Team’s intention to ensure this happens.
However, one of the real issues is that the scrutiny function
has not developed in the way the legislation intended, and this may
need a separate discussion.
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5.3
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To some extent Executive and Scrutiny still work in much
the same way as the old Committee system and in respect of Scrutiny
the skills needed by officers and members are different. It
is recognised that for small district councils this can be a real
problem and was one of the reasons the 85,000 population limit was
introduced in the structural change.
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5.4
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There are therefore a number of issues to consider in this
report as follows:
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a) Organisation of the scrutiny function and current
resources
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b) Executive/Scrutiny - Officer conflict
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c) Resource
requirements/provision
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- Budgets, information, training
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5.5
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A small survey has been carried out with similar districts
to Chiltern and whilst one or two have similar concerns, the
majority experienced no real problems with either resources or
conflict, with officers dealing with both Executive and Scrutiny.
However a common theme is that Scrutiny is either not
working in the way the government intended or ‘has not yet
found its feet’.
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a) Organisation of the Scrutiny Function and Current
Resources
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This operates with one main committee
and two sub committees, one of which is dedicated to Best Value.
The Best Value Sub Committee is fully resourced with a
dedicated Best Value Officer who in effect organises the function.
The Best Value Officer also reports to the
Executive.
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The main committee has delegated its
workload to the sub-committee who have formed small teams to look
at a few projects. The workload has been limited by stretched
resources at the professional level and the best value reviews in
progress. The Sub Committee reports back to the main
committee via the Vice Chairman or project leader. This does
lead to some duplication of effort and a more practical approach
would be for the main committee to deal with the work programme and
use the sub committee when it becomes stretched, or wants a
specific project or research done in depth.
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The two call-ins have not created any
resource issue but that may be the nature of the topics.
However, should this activity increase there could be serious
consequences on staff resources/priorities.
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The Chairman and two vice chairmen have
required guidance and assistance and this has been dealt with in
the normal way, from either Committee Services or the lead officer
(Chief Executive up to January 2002).
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From this summary the only resource
issue to date is the workload of the professional officers in
supporting the proposed work programme. This is an inevitable
problem in a small organisation and particularly so in the case of
Chiltern, where the operational activities fall to a small number
of individuals. Major functions such as housing, leisure,
refuse etc are all externalised and therefore the staff resources
are limited to small numbers dealing with contract/performance
management.
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b) Executive/Scrutiny - Officer Conflict
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Some members have expressed concern
about this, and in some of the larger Councils, officers have been
designated to either the Executive or Scrutiny roles.
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This is not practical in smaller Councils, and
officers are used to acting impartially and should be seen as doing
so, by members. Also it is a fundamental principle in
member/officer relationships that officers are responsible to each
and every member. It is considered important to have a lead
officer for the Scrutiny and as this needs to be at Director or
Head of Service level, it is not feasible to divorce the officer
from the Executive function.
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c) Resource Requirement/Provision
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This section has already dedicated a
member of staff responsible for the scrutiny function. This
is no different from the previous dedicated provision for each
Committee. However in conversation with the Chairman and the
need for more chairman/member input to the function, the Member
Services Section will also provide secretarial and research
assistance in the future.
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It is important to have a lead officer
both for Chairman/Member purposes and for support/guidance for
officers. Again in a small Council it is very difficult to
separate responsibilities and in order to give Scrutiny the weight
it deserves Management Team believe it should be one of themselves.
From February the task has been given to the Director of
Corporate Services
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This has already been identified as the
problem area and does need addressing. The Executive, PAGs, Best
Value and day to day activities all demand time from the Heads of
Service and staff; in particular where there are operational
difficulties. It is this latter point that could create the
biggest problem as it is likely that Scrutiny will wish to look at
a problematic area of operation.
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It is possible to consider the model
adopted with Best Value where we have a dedicated Best Value
Officer, but the main difference is that Best Value is a defined
area of work with particular tasks to co-ordinate and carry out.
This is not the case with Scrutiny as it is wide ranging
requiring different skills. It is also unlikely to be a full
time requirement.
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Consideration could therefore be given
for Management Team to allocate a dedicated professional resource
to Scrutiny, as opposed to Committee Services help, as part of the
role of an existing member of staff. This does not solve the
issue of stretched resources at operational level but it does
provide a focus for Management Team to decide priorities. In
the changes made last year in the Chief Executive’s
Department it was assumed that part of the Policy and Project Post
would be spent on Scrutiny. However the scrutiny role of this
post has not really developed with most of the time being spent on
the Community Plan and performance indicators.
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Alternatively we could continue as at
present but be more aware of the need to equalise resources between
the Executive and Scrutiny. This is a feasible approach but
does depend upon the Scrutiny programme of work and a reduction (or
no increase) in the amount of PAG work.
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There is no specific budget for Scrutiny
apart from the budget held by Members Services for all
Member/Council activities. This has not caused any problems
to date. Information is available for all members either
thorough Members Services, Customer Services, Website or
Directorates. Again this is not specific to Scrutiny, but if
particular ‘scrutiny information’ needs developing then
we will need to consider how to provide it.
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5.6 Conclusion
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This report has raised a number of issues for
the members of Scrutiny to consider and to summarise, the following
points/questions are put.
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a) Do you
think Scrutiny is working at Chiltern yet? Should the main
Committee do more?
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b) Officers
act impartially between Scrutiny and the Executive. Does this
cause concern?
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c) Member
Services will provide a dedicated resource for the administration
of Scrutiny.
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d) The lead
officer is one of the Directors.
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e) Would the
Committee prefer a dedicated P/T officer from the current
establishment or continue as at present with the recognition of
equality with the Executive resources?
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AGENDA ITEM No 6
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6 URGENT ITEM TO EXECUTIVE NOT IN FORWARD
PLAN
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Contact Officers: Alan Goodrum (01494 732001
and Gill Gowing (01494 732052)
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Item 53 on the Executive Agenda for 12 March 2002 is a Key
Decision not in the Forward Plan.
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The Chairman of Scrutiny was advised under Rule 12 of the
Scrutiny Procedure rules that this was an urgent item and that his
request was needed in order to proceed.
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A copy of the letter from the Chief Executive and the
response from the Chairman is attached at Appendix 6.1 and 6.2.
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The Committee’s VIEWS are requested on this
issue.
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