Contact: Jeff Pattison, ext 01962 847321, email [email protected]

1 SUMMARY

1.1 This report examines the constitutional status of the Authority's Corporate Management Team and assesses whether it should remain a non-executive advisory group of senior members and officers or become a formalised executive organ of the Authority.

2 BACKGROUND

2.1 At the Authority meeting on the 9 February 2005 an issue was raised by members about the current constitutional status of the Corporate Management Team (CMT) and whether it should be changed to become a committee of the Authority or whether its working arrangements could be improved.

2.2 CMT is a non-executive group of senior members and officers. This means that as a body it has no decision making powers.

2.3 The group was originally set up at a meeting of the Authority on the 29 May 2003 so as to `steer' the development of the Integrated Risk Management Plan in a direction that was likely to be acceptable to members. Members of all political groups were involved. Members of CMT therefore comprise the Chairman and two Vice-Chairman of the Authority, the Chairman of Asset Management Working Group, Councillors Mrs Barron and Price and Councillor Horne (with Councillor Searle as his deputy). Councillor Baulk is also invited to attend as an observer in relation to his role as `members communication' champion.

2.4 The meeting is chaired by the Chief Officer and there is usually a wide representation from senior uniformed officers. The Director of Corporate Services and a representative from the Clerk's Office also attends.

2.5 No specific terms of reference were agreed by the Authority for CMT, no doubt reflecting its `guiding' role and therefore there was an acceptance that all substantive decisions must be made by the Authority. The Authority also requested that notes of CMT meetings be circulated to all members. It is considered that this can be best achieved in the future by the Chief Officer circulating a report to each member of the Authority on all the issues dealt with by CMT on a regular basis.

2.6 Although the original purpose of CMT was to `steer' the development of the Integrated Risk Management Plan, a process which is continuing, it is also true to say that the agenda for meetings has also expanded to cover other areas where early views from members is helpful. Thus, recent agenda items have included CPA Self-Assessment, Race Equality Scheme and Freedom of Information.

3 PURPOSE OF CMT

3.1 As mentioned earlier, the central purpose of CMT is to provide an environment in which members and officers are comfortable in raising and debating significant issues affecting the Fire Service and Authority. Often, these are emerging issues and the result of the debate will have an impact on the draft policy or strategy that is developed.

3.2 The environment within which CMT operates is important. The informality of the meetings means that officers in particular feel able to express views and sometimes contrary views to these held by some members, so allowing a full and frank discussion to take place. This in turn allows a very wide spectrum of views to be taken into account in developing and recommending courses of action to the Authority.

3.3 This inclusive environment is further facilitated because CMT is not a meeting to which the usual access to information requirements apply. This, therefore, encourages the sharing of information in the context of developing policies and strategies without the concern that premature public disclosure might frustrate or unduly prolong ultimate adoption by the Authority. Although this might appear to conflict with the spirit of openness contained in the draft Code of Corporate Governance there are good reasons for adopting this stance and it is proportionate.

3.4 It should be noted that the same approach and philosophy also appears to work successfully with the Asset Management Working Group, being another informal mixture of senior members and officers.

3.5 The conclusion is that CMT is currently operating exactly as it was originally envisaged, i.e., as an effective sounding board between senior members and officers with the outcomes being notified to all members and the Authority taking any substantive decisions that may be necessary.

4 THE OPTIONS

4.1 Two basic options exist for undertaking the broad consultative role currently performed by CMT. One is to continue with the current arrangements. The other is to formalise CMT into a committee or sub-committee of the Authority.

4.2 The points in favour of continuing with the current arrangements have already been rehearsed earlier in this report. Arguments that members may wish to consider in relation to formalising CMT as a committee or sub-committee of the Authority are as follows:-

i) What further added value would be achieved.

ii) What would the Terms of Reference/Membership of the Committee be, noting that officers may not be constituted as members.

iii) What would the effect of applying access to information rules be on members and officers willingness and freedom to discuss issues around emerging policies and strategies.

5 CONCLUSION

5.1 As can be gleaned from this report, the view is taken that CMT, as currently constituted, performs successfully as an effective early sounding board between senior members and officers. In that role, it enables the Chief Officer to develop policies and strategies in line with the direction likely to be preferred by the Authority. These policies and strategies are then brought before the Authority for consideration and approval.

5.2 Part of this success, it is suggested, is the innovative development of CMT as an all-inclusive forum where a wide range of views are respected and which can be aired freely without constraints that might be perceived to exist if it were a public meeting.

5.3 For these reasons, it is suggested that CMT should retain its existing informal non-executive role.

5.4 The proposals within this report are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998 and the Race Relations (Amendment) Act 2000.

6 RECOMMENDATION

6.1 That the Governance Committee endorses the current non-executive role of CMT, recognising that all members should be kept informed of discussions taking place and that any substantive decisions required will be referred to the Authority.

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.

None.

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