Agenda item

Committee System Structure

Report of the Director of Legal and Governance to follow.

Minutes:

6.1.1

The Committee received a report of the Director of Legal and Governance concerning the committee system structure.

 

 

6.1.2

The Assistant Director (Governance), Alexander Polak referred to the report. There were 86 recommendations for the Committee to consider and these were split into 13 sections.

 

 

6.1.3

Most of those recommendations referred to were discussed at the previous committee meeting. Since that meeting, there had been several additional recommendations included. There were also the recommendations as amended, from the previous meeting that could be discussed further if necessary.

 

 

6.1.4

This meeting was the final opportunity for the Governance Committee to amend its recommendations which would then be taken to an Extraordinary Full Council meeting on 23 March for approval.

 

 

6.2

PUBLIC ENGAGEMENT, PARTICIPATION AND COMMUNICATIONS

 

 

6.2.1

Members of the Committee discussed recommendations 1-14 and the key points to note were: -

 

 

6.2.2

A Member of the Committee was pleased to see that recommendation was amended so that petitioners and questioners had the final choice as to where they presented their question/petition.

 

 

6.2.3

The Assistant Director (Governance) explained there was an appendix to the report that highlighted the work Involve had carried out so far. Involve had been asked to carry out two streams of work. 1) to help the Governance Committee make informed decisions regarding public engagement, before proposing a final committee system structure to Full Council and 2) to begin looking at how the council should intend to engage with the public on a long-term basis.

 

 

6.2.4

The Head of Policy and Partnerships, Laurie Brennan stated there would be workshops with VCF (Voluntary Community & Faith) sector organisations put in place to co-design engagement principles. It would then be rolled out further across the city.

 

 

6.2.5

A Member of the Committee raised the importance of measuring success and that there needed to be a criterion for it.

 

 

6.2.6

A comment was made that, whilst it was thought that the Council always had good intentions to engage with all community groups across the city, when it came to it, there was always criticism that not all groups were included. The Council needed to ensure everyone was engaged going forward. It was suggested the Executive Directors should have responsibility for ensuring this had been carried out.

 

 

6.2.7

A Member of the Committee suggested that easy read guides were created for residents of Sheffield. The guides should explain how the Council operated and how to be involved. The Head of Policy and Partnerships thanked Sheffield Equality Partnerships (SEP) for their time at a meeting that took place on the 8 March 2022. It was mentioned that at that meeting, discussions took place on how the Council could make it easier for residents to understand what the Council was making decisions on and when they could input. How to make it easier for people with disabilities was also discussed.

 

 

6.2.8

Following the discussion, no amendments were proposed to recommendations 1 to 14.

 

 

6.3

FULL COUNCIL

 

 

6.3.1

The Assistant Director (Governance) mentioned recommendations 19, 21, 24, 25 and 26 had been clarified following discussions at the previous meeting.

 

 

6.3.2

Members of the Committee discussed recommendations 15 – 26 and the key points to note were: -

 

 

6.3.3

The Assistant Director (Governance) mentioned there was feedback from Officers and the public that voting in parts was hard to follow at times and presented various governance concerns. Therefore, voting in parts was discouraged at recommendation 20.

 

 

6.3.4

The Assistant Director (Governance) explained that due to the arrangements introduced during the pandemic, public questions/petitions were requested to be submitted at least 2 days in advance of a meeting. Recommendation 22 recommended the Council continued to operate in this way.

 

 

6.3.5

A Member of the Committee said it was important to give everyone an opportunity to ask questions at a meeting and that someone should be able to attend on a day of a meeting to ask a question. The Director of Legal and Governance explained the current process allowed for the Chair of that meeting, to have discretion as to whether a public/question/petition could be submitted after the 2-day prior deadline. It was added that recommendation 22 would be beneficial going forward to manage meetings and the cater for aspects such as remote participation.

 

 

6.3.6

The Director of Legal and Governance advised there would not be an item on a policy committee agenda for Members’ Questions, like they were at Full Council. Although, elected members had an opportunity to ask questions of a committee chair under the public questions and petitions item equally to members of the public.

 

 

6.3.7

After the discussion, the following amendments were proposed by Councillor Sue Alston, seconded by Councillor Mary Lea.

 

 

6.3.8

  1. To add ‘Members’ to recommendation 19, so as to read ‘Members’ Questions to Chairs’

 

 

6.3.9

  1. To add (after the words ‘ … advance notice will be maintained’) ‘such that questioners were encouraged to submit questions 2 days prior to a meeting to enable a clear response to be given but to maintain the option for questions to be submitted prior to the meeting subject to the discretion of the Chair’ to recommendation 22.

 

 

6.3.10

On being put to the vote, the amendments relating to recommendations 19 and 22 at paragraphs 6.3.8 to 6.3.9 above were carried.

 

 

6.4

LEADERSHIP – KEY COUNCILLORS’ ROLES

 

 

6.4.1

The Assistant Director (Governance) stated that recommendations 29 and 30, concerning the appointment of committee memberships and job share/co-chairs respectively had been amended following discussions at the previous meeting of the Committee.

 

 

6.4.2

Members of the Committee discussed recommendations 27 – 30 and the key points to note were: -

 

 

6.4.3

In relation to recommendation 29, The Assistant Director (Governance) explained the reason the recommendation was proposed in that way, was to not restrict committees from been able to nominate their own Chairs post annual council. It was stated that some committees preferred more flexible chairing arrangements at each meeting therefore this recommendation did not plan to remove that possibility.

 

 

6.4.4

The Assistant Director (Governance) informed the Committee there was no requirement for the Chairs of Committees to be politically proportionate although it was expected that political negotiations took place after the elections. The requirement was for each policy committee membership to be politically proportionate.

 

 

6.4.5

After the discussion, no amendments were proposed to recommendations 27 to 30.

 

 

6.5

INDIVIDUAL COUNCILLORS

 

 

6.5.1

Members of the Committee discussed recommendations 31 – 37 and the key points to note were: -

 

 

6.5.2

A Member of the Committee recalled a discussion from a previous meeting around member development being in the Governance Committee’s remit.

 

 

6.5.3

After the discussion, the following amendment was proposed by Councillor Sioned-Mair Richards, seconded by Councillor Sue Alston.

 

 

6.5.4

  1. To add a new paragraph to recommendation 32, as follows: ‘c. Member Development to be included in the Terms of Reference for the Governance Committee’.

 

 

6.5.5

On being put to the vote, the amendments relating to recommendation 32 at paragraphs 6.5.4 above were carried.

 

 

6.6

POLICY COMMITTEES

 

 

6.6.1

The Assistant Director (Governance) explained that following discussions from the previous meeting, the Committee agreed that further consideration be given to annual work plans. Recommendation 45 now proposed how that aspect was intended to operate within the new system.

 

 

6.6.2

It was also agreed that further consideration be given to meeting schedules for each committee at the previous Committee. Recommendation 46 now proposed that Committees would agree their own meeting schedule at their first meeting. This would allow each Committee to meet on a time and date appropriate for those Committees members.

 

 

6.6.3

It was noted that recommendation 53 specified that up to 30 minutes be allocated for public questions/petitions at each policy committee.

 

 

6.6.4

Members of the Committee discussed recommendations 38 – 54 and the key points to note were: -

 

 

6.6.5

The Director of Legal and Governance, Gillian Duckworth, explained that as Full Council was the ultimate decision-making body for the Council’s governance arrangements, collectively elected members could agree to make changes to the new system, after the implementation date. She stated the Council’s Constitution could be amended, subject to a majority agreement at Full Council.

 

 

6.6.6

A member of the Committee highlighted the importance of not amending the new governance arrangements unless absolutely necessary within the first year. It was added that it would be better to allow the system to run a year’s course without amendment. Then to make amendments subject to lessons learnt.

 

 

6.6.7

In relation to recommendation 47, a Member suggested that a Councillor should have authority to agree whether a committee held an extraordinary meeting.

 

 

6.6.8

It was suggested that group leaders should be able to nominate someone else to agree an annual schedule of meetings due to group leaders’ workloads.

 

 

6.6.9

As the Council had recently approved a motion regarding bio-diversity, it was suggested that ‘bio-diversity’ be added to recommendation 48.

 

 

6.6.10

After the discussion, the following amendments were proposed by Councillor Peter Garbutt, seconded by Councillor Sue Alston.

 

 

6.6.11

  1. To add ‘or their nominee’ to recommendation 46 after the words ‘Group Leaders’.

 

 

6.6.12

  1. That recommendation 47 reads as follows: ‘Extraordinary meetings to be agreed by the Chair in consultation with the Monitoring Officer’.

 

 

6.6.13

  1. Delete the words ‘Business intelligence’ from recommendation 48.

 

 

6.6.14

  1. To add ‘bio-diversity’ after the word ‘climate’ at recommendation 48.

 

 

6.6.15

On being put to the vote, the amendments relating to recommendations 46, 47 and 48 at paragraphs 6.6.11 to 6.6.14 above were carried.

 

 

6.7

STRATEGY AND RESOURCES POLICY COMMITTEE (AND FINANCE SUB-COMMITTEE)

 

 

6.7.1

Members of the Committee discussed recommendations 55 – 64 and the key points to note were: -

 

 

6.7.2

A Member of the Committee asked whether the Finance Sub-Committee had the authority to appoint substitutes. The Assistant Director (Governance) confirmed there was no restrictions for this within the recommendations. Therefore, the Finance Sub-Committee along with all other committees, with the exception of the Strategy & Resources Policy Committee, can appoint substitutes to their memberships.

 

 

6.7.3

After the discussion, no amendments were proposed to recommendations 55 to 64.

 

 

6.8

URGENT DECISIONS

 

 

6.8.1

The Assistant Director (Governance) explained that following discussions at the previous meeting, recommendations 68 and 69 had been amended to align with the Committee’s discussions.

 

 

6.8.2

Members of the Committee discussed recommendations 65 – 70 and the key points to note were: -

 

 

6.8.3

In relation to recommendation 65, The Assistant Director (Governance) explained that each Committee would have their own appointed substitutes rather than a general pool of substitutes.

 

 

6.8.4

After the discussion, no amendments were proposed to recommendations 65 to 70.

 

 

6.9

LOCAL AREA COMMITTEES

 

 

6.9.1

There was no discussion or amendments to recommendations 71 – 74.

 

 

6.10

SCRUTINY (INCLUDING STATUTORY SCRUTINY)

 

 

6.10.1

The Assistant Director (Governance) explained there was a substantial change in this section of the report. A Health Scrutiny Sub-Committee had been proposed within the new structure.

 

 

6.10.2

There was no discussion or amendments to recommendations 75 – 79.

 

 

6.11

OTHER COMMITTEES

 

 

6.11.1

There was no discussion or amendments to recommendations 80 – 81.

 

 

6.12

SCHEME OF DELEGATION

 

 

6.12.1

The Director of Legal and Governance explained that the advice previously given around property decisions was incomplete. Recommendation 85 now stated the proper and current state of affairs.

 

 

6.12.2

Members of the Committee discussed recommendations 82 – 89 and the key points to note were: -

 

 

6.12.3

A Member of the Committee commented that the current level of delegation to officers relating to decisions about property was set at too high a value and asked that it be reviewed.

 

 

6.12.4

The Director of Legal & Governance proposed an amendment to recommendation. It was mentioned that this amendment would not change how the current system operated.

 

 

 

6.12.5

The Director of Legal and Governance advised that a specific review of existing thresholds could be carried out, after the extraordinary Full Council meeting.

 

 

6.12.6

A member commented that the list of disposals had ceased to be provided to Members through the Covid19 pandemic, and asked whether this could be provided once more.

 

 

6.12.7

After the discussion, the following amendments were proposed by Councillor Penny Baker, seconded by Councillor Peter Garbutt.

 

 

6.12.8

  1. At recommendation 85 - to delete the words ‘of £150k or more’ after the words ‘property related decisions of a value’ and to replace them with the words: ‘deemed to be taken by all members’.

 

 

6.12.9

  1. To add a new paragraph 85b as follows: ‘A specific review of existing thresholds to be started immediately’

 

 

6.12.10

On being put to the vote, the amendments relating to recommendation 85 at paragraphs 6.12.8 to 6.12.9 above were carried.

 

 

6.13

STAFFING, RELATIONSHIP AND CASEWORK

 

 

6.13.1

The Assistant Director (Governance) explained there was no specific recommendation proposed in that section of the report. Although, it was an important section for the Committee to review and consider going forward.

 

 

6.13.2

The Assistant Director (Governance) stated that it was advisable for Scrutiny Committees and Transitional Committees to make suggestions to Policy Committees, given that it fitted within that Committee’s work plan.

 

 

6.13.3

It was confirmed that ‘BAU’ referenced within the report, was an acronym for ‘business as usual’.

 

 

6.13.4

The Assistant Director (Governance) informed the Committee there was an ongoing officer training programme to ensure officers were prepared for the new system.

 

 

6.14

ONGOING REVIEWS OF GOVERANCE

 

 

6.14.1

Members of the Committee discussed recommendations 90 – 94 and the key points to note were: -

 

 

6.14.2

It was suggested that ‘LAC’ be referred to in full as Local Area Committees, where necessary, as to not be confused with ‘looked after children’.

 

 

6.14.3

In relation to recommendation 91, a Member of the Committee reiterated that member development sat within the Governance Committee’s remit.

 

 

6.14.4

After the discussion, the following amendments were proposed by Councillor Sioned Mair-Richards, seconded by Councillor Sue Alston.

 

 

6.14.5

To add ‘member development’ to recommendation 91, after the words ‘the constitution’.

 

 

6.14.6

On being put to the vote, the amendments relating to recommendation 91 at paragraph 6.14.5 above were carried.

 

 

6.15

The Assistant Director (Governance) referred to the Legal, Financial and Equality for Opportunity sections within the report and mentioned that these may be developed further, prior to the extraordinary Full Council meeting. It was added that additional appendices may also be taken to Full Council on 23 March 2022 alongside the recommendations, to allow for Members to make an informed decision.

 

 

6.16

The Committee received an appendix to the report which outlined the equality impact assessment (EIA). It was mentioned that EIA’s were created at the beginning of a project and remained throughout and beyond implementation of that particular project.

 

 

6.17

The Head of Policy and Partnerships mentioned that until certain aspects of the new system are implemented and carried out, it would be hard to define implications. This was why the EIA was a live document and could be amended to reflect ongoing implications, after the implementation date.

 

 

6.18

It was raised that aspects around public accessibility to physical meetings were being reviewed, including new arrangements such as hybrid meetings. The implications for the level of officer support to meetings would also need to be considered.

 

 

6.19

A Member of the Committee suggested that public accessibility aspects be incorporated into the engagement toolkit.

 

 

6.20

A Member of the Committee asked whether candidates for council job roles or employee’s taking voluntary early retirement were being asked if the change in process had influenced their decision to either apply for VER or apply for a role within the Council. The Head of Policy and Partnerships stated this was something that could be directed to Officers in Human Resources or included in upcoming staff forums & surveys.

 

 

6.21

RESOLVED:

 

That the following be recommended to Council:

 

  1. That the various elements of a committee system of governance set out in this report and its appendices, be agreed for implementation from the May 2022 AGM in line with the legally binding referendum of 6 May 2021 and subsequent resolution of Full Council on 19 May 2021;

 

  1. That the Governance Committee be instructed to conduct a review of the new governance system, commencing six months after implementation (November 2022) with a view to recommending improvements to Full Council for May 2023. This review will:

 

c.     Take account of any changes to the local and national context

 

1.    Continue to work with the public, stakeholders and community groups to develop our approach to public participation and engagement over the coming months ahead of May 2022.

2.    Create the framework, co-designed with communities in Sheffield, to transform our longer-term approach to involvement and empowerment

3.    Development and agreement of a medium to long term, public participation and engagement strategy

4.    Continue to develop Local Area Committees’ role as key conduits with local places and their communities, encouraging both local engagement on strategic matters and strategic escalation or amplification of local issues of concern.

5.    Public Question / petition opportunities at all new Policy Committees.

6.    Petition scheme to be formalised into the constitution and reviewed to advise petitioners as to the appropriate decision-making body in the first instance. In some but not all cases this will continue to be Full Council – in others it will be a Committee but the decision remains with the petitioner. Where the appropriate threshold is met, petitioners will be entitled to a debate at Full Council as per the current petition scheme (see ‘Full Council).

7.    Improved signposting to a single inbox for people wishing to ask questions or present petitions to members, with a triage system to advise people as to whether their topic is on the work programme for any Policy Committee and if so providing an option to put them on the appropriate agenda or if not the option to attend another policy committee or full council.

8.    Review use and application of digital engagement tools in line with our developing involvement ambitions

9.    Improved provision of information online about democratic processes at Sheffield City Council and how to learn more or get involved, including to make it easier to access to information about councillors both online and in other places

10. Commitment to involvement of the public and stakeholders in the Governance Committee’s six-month review of the new committee system (see ‘ongoing reviews of governance’)

11. Where facilities for electronic voting / electronic recording of votes are available (ie Council Chamber), this system will be used and the vote will be recorded and published online to create a public, partial voting record for each Councillor (see ‘Full Council’)). When or where electronic facilities are not available, the existing rules relating to recorded votes apply (individual votes are recorded in specific limited circumstances). While the technology and associated costs of wider application of such a system are explored, initial implementation of the system is to be piloted at Full Council only. The ambition is to extend this to Policy Committees.

12. A toolkit to be developed for each committee to use when considering its ‘menu of options’ for ensuring the voice of the public has been central to their policy development work. Building on the developing advice from communities and Involve, committees should make sure they have a clear purpose for engagement; actively support diverse communities to engage; match methods to the audience and use a range of methods; build on what’s worked and existing intelligence (SCC and elsewhere); and be very clear to participants on the impact that engagement will have.
The list below builds on the experiences of Scrutiny Committees and latterly the Transitional Committees and will continue to develop, (including through the ongoing work with Involve). The toolkit could include (but would not be limited to):

a.    Public calls for evidence

b.    Issue-focused workshops with attendees from multiple backgrounds (sometimes known as ‘hackathons’) led by committees

c.     Creative use of online engagement channels

d.    Working with VCF networks (eg including the Sheffield Equality Partnership) to seek views of communities

e.    Co-design events on specific challenges or to support policy development

f.      Citizens assembly style activities

g.    Stakeholder reference groups (standing or one-off)

h.    Committee / small group visits to services

i.      Formal and informal discussion groups

j.      Facilitated communities of interest around each committee (eg a mailing list of self-identified stakeholders and interested parties with regular information about forthcoming decisions and requests for contributions or volunteers for temporary co-option)

k.     Facility for medium-term or issue-by-issue co-option from outside the Council onto Committees or Task and Finish Groups. Co-optees of this sort at Policy Committees would be non-voting.

13. Chairs of Policy Committees to act as the primary spokesperson on behalf of the Council for the subject area of the Committees they chair (see ‘Leadership’). Group spokespersons on each committee may be expected to comment on behalf of their Groups but not the committee as a whole.

14. An expectation that reports will clearly indicate the degree and character of public engagement and participation which has been undertaken on the issue.

15. Eight Full Council meetings per year – six plus a budget council and an AGM. No ‘scrutiny council’.

16. Agreement of the Council’s medium- or long-term Corporate Plans and associated annual plans to be reserved to Full Council as a key part of the Council’s Policy Framework – these will in effect set out the delivery objectives for each committee during the periods concerned.

17. By agreeing the terms of reference of the various Policy Committees and any sub-committees, Full Council defines the policy boundaries within which each committee has authority to take decisions on behalf of the Authority in pursuit of their objectives as per the Corporate Plans.

18. By agreeing its annual budget Full Council defines the budgetary envelope within which each committee has authority to take decisions on behalf of the Authority in pursuit of their objectives as per the Corporate Plans.

19. Council Procedure rules to be updated, including the following:

a.    ‘Member Questions to Cabinet Members’ to become ‘Questions to Chairs’ of any committee (or to councillor nominees on outside bodies / joint cttees, including the Mayoral Combined Authority).

b.    No exclusively ‘to note’ items.

c.     Clearer voting practices. This also applies to Committees. Where a consensus has been reached voting may proceed by common assent (such as the Chair asking “are we all agreed” and receiving no dissent). Where there is not a consensus (and no electronic system available), the Chair will request a show of hands and clearly narrate For/Against/Abstentions. In any case the Chair will clearly announce the outcome (“that is carried/lost”).

d.    As described above (see ‘Public Engagement’) the procedural facility for electronic voting / electronic recording of votes is to be made in the constitution in order to support the ambition for this to be extended to Policy Committees as well as Full Council.

20. The practice of ‘voting in parts’ is to be discouraged in favour of a more transparent mechanism

21. Petition scheme to be formalised into the constitution and reviewed to advise petitioners as to the appropriate decision-making body in the first instance. In some but not all cases this will continue to be Full Council – in others it will be a Committee but the decisions remain with the petitioner. Where the appropriate threshold is met, petitioners will be entitled to a debate at Full Council as per the current petition scheme (see ‘Public Engagement’)

22. Public Questions rules to be reviewed to advise questioners about the appropriate decision-making body in the first instance (see ‘Public Engagement’ and ‘policy Committees’). In some but not all cases this will continue to be Full Council – in others it will be a Committee but the decision remains with the questioner. Current expectations of advance notice will be maintained such that questioners are encouraged to submit questions 2 days prior to a meeting to enable a clear response to be given, but maintaining the option for questions to be submitted immediately prior to the meeting subject to the discretion of the Chair.

23.The current time limit to be carried over for the proportion of a public Council meeting used for petitions / questions from the public.

24. To ensure clarity in decision making it is recommended that the constitution restricts the ability of Council to take decisions on matters that it has allocated to a committee or delegated to an officer.  However, in order to provide for circumstances in which it would be more appropriate for a decision that is due to be taken as part of a committee’s work programme to be taken by Full Council, it is also recommended that Full Council be able to rescind authority for a particular decision from a committee before going on to make that decision.  This might be of its own volition; or upon the request of the committee in question or the Strategy and Resources Policy Committee (see ‘Scrutiny’)

25. Legally, all decisions must be made after consideration of all relevant information and must not be made on the basis of irrelevant information.  In order that the Council is able to demonstrate that it has complied with these requirements, provisions currently within the constitution regarding decisions of the Executive (for example, that decisions must be on the basis of written reports) will need to apply going forward to decisions made by Full Council or its committees. 

26. Committees (with the exception of Strategy and Resources Committee) may not refer to Full Council a matter which is properly within the remit of another Committee.

27. A role (and role profile’) for the Leader in the constitution, to include:

a.    Primary spokesperson for the Council and its administration,

b.    Advocate for the city on a local, regional and national stage

c.     Representative of the Council in regional and national networks and with Central Government

d.    Chairing the Strategy and Resources Policy Committee

e.    a personal role with regard to:

                                                                          i.     Core City status and associated meetings/bodies

                                                                         ii.     The Mayoral Combined Authority

f.      A key role chairing various informal Member/officer forums

28. A role profile for Policy Committee Chairs in the constitution, to include:

g.    Primary officer point of contact with regard to the committee’s ongoing business, formulation of a draft work programme for the committee’s consideration, and for advice about engagement with the committee

h.    Primary spokesperson for the committee they chair (see ‘Public Engagement and Comms’)

i.      In the case of the Chair of the Children’s Services Policy Committee, to be the Statutory Lead Member for Children’s Services

j.      To convene and chair regular pre-agenda and pre-meeting briefings with all the Group Spokespersons from their committee

29. The Annual Meeting of the Council will agree the appointment of members to committees and the appointment of Chairs and Vice-Chairs, unless the Council decides in any instance not to do so, in which case the chair is appointed at the first meeting of the relevant committee.  Should a vacancy arise in the intervening time between AGMs, the Committee will determine its new Chair as per current practice. 

30. The facility for Councillors to either job-share a Chair role or to co-chair a committee, with clarity about expectations and allowances including:

a.    there should not be both a job share and co-chair on any one committee.

b.     That the role of vice chair on a committee, where the chairs’ role is divided as above, needs to be clarified, or the committee may decide there’s no need for a job share role. 

c.     A maximum of 2 co-chairs in any given committee.

d.    Where a Committee has co-chairs or two Cllrs job-sharing the Chair role then Full Council shall determine which of the co-chairs or job-sharing Chairs will sit on the Strategy and Resources Committee. If Council determines that it shall be both, then this may not be to the detriment of the political proportionality of the committee and only one may be a voting member of the committee at any one time (see ‘Policy Committees’)

e.    There should be a full review of this arrangement as part of the ongoing review process after an such role has occurred for the first time.

31. Launch of modern.gov app to support digital ways of working

32. Member-led refresh of Member Development Strategy and annual Member Development and Induction Plan

a.    To include enhanced training on eg finance, audit, safeguarding responsibilities for the wider group of members involved in decisions of this sort

b.    To include specific training on working effectively within a committee system, including content on ‘how to disagree effectively’ or the art of effective negotiation and compromise within committee settings

c.     Member Development to be included in the Terms of Reference for the Governance Committee

33. Independent Remuneration Panel to consider the strength of the Scheme of Allowance’s support for parents, carers and people in full time work as part of the review of the scheme

34. Ongoing consideration of options for use of hybrid and remote meeting options, subject to the legislative context

35. Implementation of improved Member newsletter

36. Implementation of improved arrangements for members’ casework support

37. Creation of job-share option for Chairing roles (see ‘Leadership – Key Councillors’ Roles)

38. Seven themed Policy Committees which will be closely aligned to the functions of the Council;

39. A Strategy & Resources Policy Committee including all Policy Committee Chairs and the Finance Sub-Committee Chair within its membership (where a Committee has co-chairs or two Cllrs job-sharing the Chair role then Full Council shall determine which of the co-chairs or job-sharing Chairs will sit on the Strategy and Resources Committee. If Council determines that it shall be both, then this may not be to the detriment of the political proportionality of the committee and only one may be a voting member of the committee at any one time), with cross-cutting responsibility for the policy and budgetary framework, chaired by the Leader of the Council (see, ‘Leadership’)

40. A programme of six meetings of each Policy Committee per year

41. Provision for Full Council but not individual Committees to agree the addition of standing sub-committees to this structure. When sub-committees are agreed they will be time limited or at minimum will be reviewed annually at the AGM.

42. Limits on the number and frequency of Task and Finish Groups carrying out detailed pre-decision scrutiny (policy development) on behalf of Policy Committees – under usual circumstances the limit will be one Task and Finish Group at a time per Policy Committee – “one in, one out”. (Note that this does not apply to one-off briefings etc);

43. Full Council to agree the size of Policy Committees at its AGM, based on best fit to proportionality. With the exception of Strategy and Resources Policy Committee, this must be within the parameters of a committee size of between 8 and 11 members.

44. A standing Finance Sub-Committee, reporting to the Strategy & Resources Committee (Chair and membership not constrained to being from the parent committee).

45. An annual exercise for Strategy and Resources Committee to develop an annual work plan with reference to the Corporate Plan and in consultation with all the other Policy Committees.

a.    This process to also be a work programming exercise.

b.    Each committee to keep its work programme under review at each meeting via a standing ‘work programme’ item on each meeting’s agenda. Space within this item to consider, amongst other potential sources of issues for the committee to consider, references from other committees such as eg Local Area Committees.

c.     Strategy and Resources Committee to keep under consideration the combined Policy Committee Work Programme to ensure corporate objectives are being achieved.

46. Guillotine clause to constrain the length of all Policy Committee meetings (2 hrs + 30 mins)

d.    An annual schedule of all council and committee meetings to be developed by democratic services in consultation with Group Leaders (or their nominee), for the approval of Full Council at its AGM. Committees will consider their own meeting schedule at their first meeting after the AGM and may request alterations within the constraints of the overall schedule.

47. Extraordinary meetings to be agreed by the Chair of the Committee in consultation with the Monitoring Officer

48. Each Committee’s Terms of Reference will state that each cttee will be responsible for regular monitoring of data including performance, financial information etc within their remit. Furthermore each committee’s Terms of Reference will  include responsibility for considering climate, biodiversity, equality, diversity and inclusion implications when devising policy, evaluating service delivery and taking decisions

49. Each Group on a committee to nominate a ‘spokesperson’ for their Group on that committee.

50. A mandated system of briefings for Chair/Vice Chair and Group Spokespersons. For each meeting of the committee there will be a:

e.    Pre-agenda briefing to discuss and agree agenda items and approach to items (and to briefings about items). Looking ahead at the committee’s forward plan. Opportunity for all spokespersons to relay early information to their own Groups.

f.      Pre-meeting briefing to discuss published papers on the agenda and the process for the meeting itself. Spokespersons to brief their own Groups as necessary to ensure informed and organised discussions in committee.

51. There will be no rule preventing councillors from overturning recent decisions via a normal decision process within a certain period (eg six months), but this should be monitored and given consideration as part of the six-month review.

52. Policy Committees to have responsibility for monitoring the performance of services. Strategy and Resources Committee to have responsibility for considering the overall performance of the Authority as well as the performance of individual Policy Committees eg with regard to delivery against the Corporate Plan (see Strategy and Resources Policy Committee).

53. Up to thirty minutes for public questions and petitions on every Policy Committee agenda (see ‘Public Engagement’)

54. Where currently individual members are appointed ‘champions’ for certain issues (for example there is currently a ‘heritage champion’) this will be included in the ToR of the relevant Policy Committee. If that committee then wishes to nominate an individual (this may be the Chair) to liaise with partners or stakeholders it may do so, but the committee as a whole, as decision-maker, should retain collective responsibility and accountability for the matter.

55. A Strategy & Resources Policy Committee including all Policy Committee Chairs and the Finance Sub-Committee Chair within its membership, with overarching responsibility for the policy and budgetary framework, to be chaired by the Leader of the Council;

56. No substitutes can attend for members of this committee

57. A standing Finance Sub-Committee, reporting to the Strategy & Resources Committee (whose membership is not limited to members of Strategy and Resources Committee);

58. Ability for scheduled Strategy & Resources Committee meetings to take urgent decisions for the other Policy Committees but only in extremis – if the relevant committee’s Urgency Sub-Committee has been unable to meet in an appropriate timeframe (see ‘urgent decisions’);

59. Strategy and Resources Committee to have responsibility for considering the overall performance of the Authority as well as the performance of individual Policy Committees eg with regard to delivery against the Corporate Plan. In instances where there is a serious performance concern, they have the ability to refer this concern to Full Council for consideration (see ‘Scrutiny’).

60. Any issue which is wider than any one of the Policy Committee’s remits (budget or policy) is within the remit of the Strategy and Resources Policy Committee.

61. Any issue identified as being of significant strategic importance or financial risk to the organisation is considered to be by its nature cross-cutting and therefore within the remit of the Strategy and Resources Policy Committee

62. In the case of any issue falling within the remit of S&R as above, this committee may opt to either take the decision itself or to dictate which individual Policy Committee will take the lead for the issue by ensuring it gets the necessary one-off delegation to do so. All Committees’ ToR to include having authority for (and responsibility to deliver) anything referred to it in this manner by S&R, even if it is a matter which would otherwise go outside of that Cttee’s remit. In the case of individual committees leading on cross-cutting issues, an expectation of suitable communication between Chairs and committees may be assumed. 

63. Finance Sub-Committee has within its remit, inter alia:

a.    Strategic financial overview

b.    Property decisions

c.     Accountable Body decisions

d.    Corporate Revenue & Capital monitoring

64. Strategy and Resources Policy Committee, alongside the Finance Sub-Committee, to conduct revenue and capital budget monitoring in order to ensure this takes place with sufficient regularity.

 

65. Urgency sub-committee for each policy Committee including S&R (size to be determined by the AGM in light of political proportionality requirements)

a.    Quorum of 3 members, which must include Chair or Vice Chair.

b.    All parent committee’s members and their named substitutes (where applicable) may act as substitute members of an urgency sub-cttee

c.     Monitoring Officer in consultation with the Chair has to confirm that the decision could not have been foreseen and to delay taking the decision to the next scheduled meeting of the relevant Committee would seriously prejudice either the Council’s or the public’s interests before an urgency committee can be scheduled

66. Ability for scheduled Strategy & Resources Committee meetings to take urgent decisions for the other Policy Committees for reasons of efficiency but only in extremis – if the relevant committee’s Urgency Sub-Committee has been unable to meet in an appropriate timeframe.

67. Ability for urgent decisions to be taken by specified senior officers in consultation (wherever practicably possible) with the Chair where, in the opinion of the Monitoring Officer in consultation (wherever practicably possible) with the Chair, it would not be possible to convene an Urgency Sub-Committee Meeting or take the decision to a scheduled strategy and Resources Committee meeting within a timescale that would not seriously prejudice either the Council’s or the public’s interests

68. Where consultation with the Chair is required, consultation to be permitted, in the absence of the Chair, with the Vice Chair or, in the absence of the Chair and the Vice-Chair, with the Leader of the Council.

69. Provisions currently contained in the Leader’s Scheme of Delegations to allow specified officers such as the Chief Executive, Executive Directors, the Director of Legal and Governance and the Director of Finance and Commercial Services to take decisions without consultation in cases of Emergency/Extreme Urgency to be replicated within the constitution with the necessary amendments made to reflect the move to a committee system e.g. the reference to Executive decisions to be amended to refer to all decisions.

70. A requirement that all decisions taken in accordance with urgency provisions to be reported back to the committee at their next scheduled meeting. Use of urgency provisions overall should be monitored and considered in future reviews of the effectiveness of the system.

71. Seven Local Area Committees with a mechanism (via work programme standing items on each Policy Committee’s agenda, giving committees the opportunity to note the referral and to plan the matter more substantially into their work programme if they wish) to allow for referrals between them and Policy Committees as necessary and regular informal meetings of local area committee chairs to ensure effective coordination;

72. The Strategy & Resources Policy Committee will have a special responsibility to monitor what is referred to all committees by Local Area Committees and to look for patterns and lessons, in liaison with the Local Area Committee chairs.

73. The policy committee with responsibilities for communities will have a role to oversee the Communities/Localism strategy within which the Local Area Committees are operating.

74. Note that the Monitoring Officer will be responsible for the review of all referrals to ensure they are going to the appropriate body in the first instance and the Chair of the referring committee to be notified where any referral pathway is changed.

75. No separate scrutiny committee;

76. Statutory Scrutiny functions to be written into the Terms of Reference of the appropriate Policy Committees

a.    Health Scrutiny to be delivered via a standing sub-committee of the Adult Health and Social Care Policy Committee. The expectation is that its membership should include councillors from both the parent committee and the Policy Committee with responsibility for Children’s services.

77. No mechanism for immediate post-decision suspension of implementation pending reconsideration of a decision (ie no equivalent of the old ‘call-in’ mechanism)

78. A strong mechanism by which Full Council can rescind in advance a Committee’s delegated authority with regard to a specific decision on their Work Programme, in order that Full Council will take the decision instead (see ‘Full Council’)

79. Strategy and Resources Policy Committee will have a role to hold the other Policy Committees to account on their delivery against the Corporate Plan. In instances where there is a serious performance concern, they have the ability to refer this concern to Full Council for consideration (see ‘Strategy and Resources Policy Committee’)

80. No substantive changes to the committees referred to as Other Committees in the Governance Framework

81. Various partnership bodies etc will need to have members nominated where previously the Cabinet Member (Co-Operative Executive Member) would have gone. In general it is assumed that the relevant Chair(s) or Vice Chairs of Policy Committees will be nominated by Full Council instead.

82. The current, standard approach to continue, whereby Councillors take any decision explicitly reserved to Full Council or a Committee, except in specifically defined urgent or emergency circumstances.

83. All levels of decision currently identified as Individual Executive Member decisions will be taken by a committee except in limited specific circumstances – for example, mandates or commissioning will continue to sit with Members but the actual contracting and procurement decisions (in line with the political mandate or commission) will sit with officers.

84. Procurement and contracting decisions are taken by officers once a committee has agreed the commission or purchasing decision and the budget on any given requirement

85. All property related decisions deemed under the current scheme to be Member decisions shall be reserved to the Strategy & Resources Policy Committee,

1.    Ongoing review of this threshold to be within the Governance Committee’s terms of reference

2.    A specific review of existing thresholds to be started immediately

86. A standing sub-committee of the Strategy & Resources Committee be established to deal with the any decision which is to be taken by the Council in its role as a charitable trustee

87. All Capital allocations and monitoring to be reserved to the Strategy & Resources Committee and may be discharged by its Finance Sub Committee.

88. All member-level decisions on bids for grants to be reserved to the finance sub-committee to ensure financial commitments are considered when applying for and accepting grants

89. Provision for the continuing validity of delegations from cabinet or cabinet members to officers from decisions which took place before the move to a committee system.

90. A standalone Governance Committee will continue into 2022/23.

91. The Governance Committee should have named responsibility for, amongst other things, ongoing review and maintenance of the constitution and the governance system it describes, and Member Development.

92. The Governance Committee’s Terms of Reference should specify their commitment to direct engagement and participation of the public, stakeholders and partners in their ongoing consideration of the health of Sheffield’s democratic environment.

93. Ongoing assessment, via survey activity and community-based conversations at Local Area Committees (and, initially, Involve’s ongoing work) of the degree to which the public feel they understand the way decisions are made and are able to influence those decisions.

94. The Governance Committee shall conduct a review of the effectiveness of the new system, commencing six months after implementation (November 2022) with a view to Full Council implementing any necessary changes at its AGM in May 2023. This review will:

a.    Take account of any changes to the local and national context

b.    Include the previously agreed ‘strategic aims’ and ‘design principles’ in its assessment criteria

c.     Actively seek and use feedback from residents, stakeholders, councillors, officers and partners to inform its judgements against those criteria

 

 

 

 

Supporting documents: