Agenda item

Report of the Clerk and Monitoring Officer to the Authority

Malcolm Townroe, Clerk and Monitoring Officer to the Authority presented the report which provides an update on:

i.  the ongoing work of the Independent Remuneration Panel, with further information to be submitted to the September 2022 meeting of the Authority;

ii.  proposed amendments to the overarching governance arrangements to ensure the constitution remains relevant and up to date. The approved document will be published on the Service’s website.

a)  Accompanying the covering report are two versions of the scheme of delegation, one of which includes the proposed amendments to update the scheme of delegation track changed.

b)  The amendments proposed are:

i.  Scheme of Delegation 1(d) The Chief Fire Officer shall be empowered, in consultation with the Chair of the Authority, to appoint, establish and disestablishand manage allstaff positionswithin agreed budgetsEstablishing Scheme approved by the Fire & Rescue Authority and in accordance with Personnel regulations, but shall not appoint staff at the level of Deputy Chief Fire Officer, Assistant Chief Fire Officer, or to act in the statutory roles of Treasurer or Monitoring Officer without the approval of the Fire & Rescue Authority;

ii.  Scheme of Delegation Section 2(i) (Inclusion of powers relating to the newly revised Building Safety Act 2022).

iii.  Scheme of Delegation Section 2(iv) Ex-Gratia Payments. The Chief Fire Officer may determine claims for ex-gratia payments, etc up to £1000 (previously £250) in respect of incidents affecting both employees and volunteers whilst they are carrying out duties at the request of the Fire & Rescue Authority and where damage is caused to their personal belongings;

iv.  Scheme of Delegation Section 2(vii) Conversion of Posts. The Chief Fire Officer has delegated authority in consultation with the Chair of the Authority to approve the conversion of uniformedposts to non-uniformed posts;

v.  Scheme of Delegation Section 2(viii) Claims against the Authority. The Chief Fire Officer has delegated authority to settle:

• Any claim against the Authority up to a maximum level of £25,000 (previously £15,000);

• Any claim against the Authority in excess of £25,000 (previously £15,000); following consultation with the Chair, Vice Chair and Opposition Spokesperson(s).

c)  Craig Parkin, Chief Fire Officer, explained that this is part of the process to enable more operational flexibility whilst maintaining accountability and preventing delays. Fire Authority members will maintain scrutiny and delegations will be reported to the relevant committee. Within the pay budget the revised delegation will support the CFO in responding flexibly to the needs of the Service in a timely manner, whilst maintaining member involvement;

d)  Becky Smeathers, Head of Finance and Treasurer to the Authority, assured members that with regard to Pensions, where powers are not set by the Firefighter’s Pension Scheme, there are some local powers of delegation which have been approved by the Authority. However, where previously some blanket delegations were in place, the LGA has now advised that issues should be dealt with on an individual basis. Revision to the delegations will better enable this so it is intended to submit a revised delegation framework to the Finance and Resources Committee in due course for consideration;

e)  the Chair commented that in the simplest of terms, the revision would enable the CFO to undertake the duties which every other Head of Paid Services does within all other Local Authorities; 

Due to the presentation of the report shortly prior to the meeting, some members of the Authority requested that consideration of the report is deferred to the next Authority meeting to enable thorough consideration.

Whilst most members supported the recommendations in principle, a short adjournment between 11.38am and 11.44am was called to enable Lead members and Officers to discuss how the Authority should progress regarding this report.

Following an informal discussion between the Chair, Chief Fire Officer, Clerk and Lead Opposition spokesperson, a revision to recommendation 2 was proposed and seconded as follows:

‘to approve the updated and revised Scheme of Delegation attached as Appendix 1 to this report, subject to a review of the Scheme of Delegation being submitted to the Authority at its December 2022 meeting.’

Members of the Authority requested that all further reports are submitted in a timelier manner to enable Authority members, citizen and Trades Union Representatives to read, digest and effectively respond.

A regular review of the constitution is welcomed.

Resolved:

1)  to note the update on the work being undertaken in respect of the Constitutional Framework and by the Independent Remuneration Panel;

2)  to approve the updated and revised Scheme of Delegation attached as Appendix 1 to the report, subject to a review being submitted to the Authority at its December 2022 meeting.