Hampshire Fire and Rescue Authority

Independent Remuneration Panel Item 6

10 September 2004

Standards Committee

28 September 2004

HRFA Members' Allowance Scheme - Special Responsibility Allowance Matters

Report of the Clerk

Contact: Mr. K. Ridout.

1. Introduction

1.1 At its meeting on 10 December 2003, the Fire Authority adopted a Scheme of Allowances for members backdated to 1 May 2003. An extract of the relevant Fire Authority Minute, together with the Scheme of Allowances agreed at that time is shown as Annexure 1 to this report.

1.2 The scheme allows for the future automatic index-linked annual adjustments to remuneration by reference to the settlement for Fire and Rescue Service non-uniformed staff increases or equivalent effective from the date of their award. Accordingly, the HFRA Members' Basic and Special Responsibility Allowances for 2004/05 have been increased by 2.75% backdated to 1 April 2004. The current Members' allowances are shown as Annexure 2 to this report. A view needs to be taken as to whether or not this mechanism should continue to apply in the next financial year.

1.3 Members are now asked to consider possible additions to the existing scheme. Namely, appropriate special responsibility allowances for the Chairman and Vice-Chairman of the new Corporate Governance Committee and for a new member appointment to deal specifically with better communication and liaison between all members of the Authority. Also, they have been asked to look at an earlier Standards Committee recommendation not to pay a special responsibility allowance to fire authority members involved in Disciplinary/Grievance hearings. The views of the panel will be communicated to the Standards Committee on 28^th September 2004 before going onto the HFRA itself for determination on 8 December 2004.

1 Special Responsibility Allowance for Chairman and Vice-Chairman of new Corporate Governance Committee.

1.1 On 26 May 2004, the Authority considered a report by the Clerk and Treasurer about developing the Authority's Corporate Governance framework. The report was prepared in response to the District Auditor's Annual Audit letter for 2002/03 which identified this issue. The report was approved by the Authority in relation to the proposed arrangements for the monitoring and review of the corporate governance and internal audit matters subject to a separate Committee being established for this function.

1.2 Subsequently, on 14 July 2004, the Authority appointed members to the new Corporate Governance Committee. An appropriate remuneration for the Chairman and Vice-Chairman is now sought. To assist in this matter, a copy of the earlier report to the Authority on Corporate Governance issues and future requirements is shown as Annexure 3 to this report. The Treasurer will be at the meeting to report more fully on this and on the responsibilities to be discharged by the Committee.

2 Special Responsibility Allowance for Proposed New Member Appointment with Responsibility for Communication Liaison

The Chairman of the Authority has put forward a proposal to appoint a member with specific responsibility for encouraging better communication and liaison between Fire Authority Members. The proposal is in response to a recommendation by the Audit Commission in the Verification Study (Phase 2 Report) in relation to Modernisation of the Fire Service; an extract from the report reads ... "need for a stronger role in encouraging all members to become involved in Modernisation". It is felt that such a member appointment would benefit the Authority. An appropriate allowance for this new member post is sought.

3 Not To Pay A Special Responsibility Allowance To HRFA Members involved in Disciplinary/Grievance Hearings

3.1 Following a request by the Authority on 11 February 2004, the Standards Committee considered a report by the Clerk about the feasibility or otherwise of providing an allowance for those members who sit on Disciplinary/Grievance Panels. A copy of the relevant report is shown as Annexure 4 to this report.

3.2 The Standards Committee, on taking into account the information before them, including the number of Disciplinary/Grievance Panels over the past three years did not feel that a special responsibility allowance for the Councillors involved was justified. However, they supported a proposal that the Independent Remuneration Panel consider this issue at a future date.

3.3 On 26 May 2004, the Authority adopted the Standards Committee recommendation on this matter but asked the Clerk to arrange for the Independent Remuneration Panel to look at this at their next meeting. The Panel's views are sought.

4 European Convention on Human Rights and the Human Rights Act 1998

4.1 The proposals within this report are comparable with provisions of the European Convention on Human Rights and the Human Rights Act 1998.

Recommendations:

(i) To recommend new special responsibility allowances for inclusion in the HFRA Members' Allowance Scheme in relation to the Chairman and Vice-Chairman of the Corporate Governance Committee and for a proposed new member appointment with responsibility for Communications and Liaison between all Fire Authority Members prior to the matters going to the Standards Committee on 28 September 2004 and to the Fire Authority itself on 8 December 2004.

(ii) To recommend to the Standards Committee the appropriate mechanism for uplifting all allowances for the financial year 2005/2006.


(iii) To comment upon the Standards Committee recommendation not to pay a special responsibility allowance for HRFA Members involved in Disciplining/Grievance Hearings.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works.

2. Documents which disclose exempt or confidential information as defined in the Act.

TITLE FILE

None None

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Annexure 1

EXTRACT FROM MINUTES OF HFRA MEETING ON 1 DECEMBER 2003

201 SCHEME OF ALLOWANCES FOR MEMBERS OF HAMPSHIRE FIRE AND RESCUE AUTHORITY, NOTES OF THE INDEPENDENT REMUNERATION PANEL OF 13 OCTOBER 2003 AND MINUTES OF THE STANDARDS COMMITTEE OF 24 OCTOBER 2003

The Authority considered the report of the Clerk, together with other information, including the Minutes of the Standards Committee meeting of 24 October 2003 on a recommended scheme of allowances for Members of the Hampshire Fire and Rescue Authority (Item 9 in the Minute Book) .

The Authority noted that the Standards Committee had supported the Independent Remuneration Panel proposal that whatever scheme was approved, it should operate until 2005, subject to annual inflation increases, at which time a full review of all special responsibility and other allowances be undertaken by the Panel. They were reminded that they would need to agree a start date for the scheme.

The Clerk made reference to that part of the report which gave examples of those schemes already introduced by some other Combined Fire Authorities and by the Hampshire Police Authority. In the case of Hampshire Police Authority, it was noted that they employed 5,500 staff and had a budget of £247m whereas the HFRA employed 1700 staff and had a current budget of £51m.

The Chairman of the Standards Committee summarised the debate at the meeting on 24 October 2003 in relation to the Members' basic allowance, the Independent Member allowances and those special responsibility allowances felt appropriate for each of the Authority's Committee Chairmen.

During a full and detailed discussion Members of the Authority expressed various alternative views on the basic allowance, Independent Member allowances, and over the timing of the implementation date of any scheme. Also, alternate proposals were put forward at the meeting which included receiving the same Minority Party Spokespersons allowances and a new allowance being made payable to any Member involved in Appeal Panel hearings. There was a further proposal to increase the allowance for the two Vice-Chairmen of the Authority to £1,500 each, not payable however if current postholders received a higher special responsibility allowance in respect of another post.

There followed a series of votes on the various alternative proposals made at the meeting. Councillors D.A. Kirk and G. Semmens asked the Clerk to record in the Minutes that they had abstained from the voting.

RESOLVED:

That the basic special responsibility and other allowances and scheme itself be as set out below:-

(a) Basic Allowance

A basic allowance of £2,500 per annum.


(b) Special Responsibility Allowance

A special responsibility allowance shall be paid to those Members who hold the offices of special responsibility listed in Appendix 1 to these Minutes, provided that a Member will receive only 1 special responsibility allowance.


(c) Co-optees Allowance

An annual allowance of £800 be made to the two Independent Members serving on the Standards Committee.


(d) Method of Payment of Allowances

In respect of payments of Basic Allowance, Special Responsibility Allowance and Co-optees Allowance that the method of payment be monthly.


(e) Travelling and Subsistence Allowance

That all travel allowances, including those for Independent Members, should be at the same rate as for County Council staff travel allowances and that no subsistence allowances should be paid. The allowances are as shown in Appendix II to these Minutes.


(f) Full Review

That a full review of all allowances including special responsibility allowances be carried out by the Panel in 2005; the review to consider job descriptions for each of the roles for which a special responsibility allowance applies and to take account of any changes in the operation and working of the Authority.


(g) Suspension of Allowances

That the Scheme of Allowances should provide that, when a Member of the Authority was suspended from all duties, all allowances, including travel, dependants' carers' and childcare allowances, should be withheld for the period of the suspension. Where a Member was partially suspended, any special responsibility allowance relating to any duties from which the Member was wholly suspended should be withheld for that period.


(h) Dependants' Carers' Allowance

That the Childcare and Dependents' Carers' Allowances should be made at the rate paid by Hampshire Social Services and that the maximum payable per annum per Member would be £1000 (Hampshire Social Services allowances currently £7 per hour for Dependants' Carers' and £7.62 for 2.5 hours for childcare).


(i) Annual Adjustment

That the Scheme of Allowances should provide for future automatic index-linked annual adjustments to remuneration by reference to the settlement for Fire and Rescue Service non-uniformed staff increases or equivalent, effective from the operative date of their award.


(j) Retrospectively

That the Basic Allowance, Special Responsibility Allowances and Co-optees Allowance should be backdated to 1 May 2003.


(k) Recovery of Allowances Paid

That the Scheme of Allowances should provide that any allowance that has been paid to a Member whilst on suspension, or any allowance after a Member had ceased to be a Member of the Authority should be recovered.


(l) Duplication

That the Scheme of Allowances should provide that, where a Member is a Member of two or more Authorities they should not receive more than one allowance for the same duties.


(m) Elections to Forgo Allowances

That the Scheme of Allowances should provide all Members to be enabled by notice to the Clerk to forgo entitlement of all or part of any allowances paid to them.


(n) Claims and Payments

That the Scheme of Allowances should provide that travelling, Dependants' Carers' and Child Care allowances for all Members and Independent Members must be claimed within six months from the date of the meeting concerned."

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Appendix I

HAMPSHIRE FIRE AND RESCUE AUTHORITY

MEMBERS ALLOWANCES SCHEME - BASIC ALLOWANCE

AND SPECIAL RESPONSIBILITY ALLOWANCES

£

per annum

(i) Basic Allowance 2,500

(ii) Special Responsibility Allowances

Only one special responsibility allowance is
payable to any Member under the scheme.
The allowances in brackets will not be paid
whilst the current postholder receives a
higher special responsibility allowance in
respect of another post.

Chairman of the Authority 10,300
Vice-Chairman of the Authority (x 2) (1,500) each

Chairman of Committees (x 4)
Finance and General Purposes 6,200
Personnel 5,500
Performance Review 3,500
Standards 3,000

Vice-Chairman of Committees
Finance and General Purposes 1,500
Personnel 1,400
Performance Review 900
(not payable at
present as no
Vice-Chairman
appointed)
Standards (750)

Independent Members (x2) serving on Standards Cttee 800 each
Minority Spokespersons on HFRA
Liberal Democrat Party 5,150
Labour Party 2,580

Appendix II

HAMPSHIRE FIRE AND RESCUE AUTHORITY

RATES OF TRAVELLING ALLOWANCES PAYABLE TO MEMBERS OF THE AUTHORITY AND TO INDEPENDENT MEMBERS

1. Cycle allowance

The rate for travel by a Member on a Member's own cycle/
electric cycle or one provided for his/her use 8.1p per mile

2. Motor cycle allowance

The rate for travel by a Member's own solo motor cycle or one
provided for his/her use: 25.2p per mile

3. Motor vehicle allowance

The rate for travel by a Member's own private motor

vehicle, or one belonging to a member of his family

or otherwise provided for his/her use, other than a solo

motor cycle: 45.7p per mile

The rates specified in paragraph 3 may be increased by not more than the amount of any expenditure incurred on tolls, ferries or parking fees, including overnight garaging.

4. Rates for travel by public transport or taxi

(a) the rate for travel by public transport shall not exceed the amount of the

ordinary fare or any available cheap fare, and where more than one class of fare is available, the rate shall be determined, in the case of travel by ship by reference to first class fares, and in any other case by reference to second class fares unless the body determines, either generally or specifically, that first class fares shall be substituted.

(b) The rate specified in the preceding sub-paragraph may be increased by

supplementary allowances not exceeding expenditure actually incurred:

(i) on Pullman car or similar supplements, reservation of seats and deposit or porterage of luggage; and

(ii) on sleeping accommodation engaged by the Member for an

overnight journey, subject, however, to reduction by one third of any subsistence allowance payable to him for that night;


(c) The rate for travel by taxi cab shall not exceed:

(i) in cases of urgency or where no public transport is reasonably

available, the amount of the actual fare and any other
reasonable gratuity paid; and

(ii) in any other case, the amount of the fare for travel by
appropriate public transport.

(d) The rate for travel by a hired motor vehicle other than a taxi cab shall
not exceed the rate which would have been applicable had the vehicle
belonged to the Member who hired it, provided that where the body
approves, the rate may be increased to an amount not exceeding the
actual cost of hiring.

(e) The rate for travel by air shall not exceed the rate applicable to travel
by appropriate alternative means of transport together with an
allowance equivalent to the amount of any saving in attendance
allowance or financial loss allowance, and subsistence allowance
consequent on travel by air.

Provided that where the body resolves, either generally or specifically,
that the saving in time is not substantial as to justify payment of the
fare for travel by air, there may be paid an amount not exceeding:

(i) the ordinary fare or any available cheap fare for travel by regular air service; or

(ii) where no such service is available or in case of urgency, the
fare actually paid by the Member.

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