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Enquiries relating to this agenda please contact Ruth Gladstone Tel: 01609 532555, or 01347 825550 immediately prior to the start of the meeting, or e-mail [email protected] Website of the North Yorkshire Fire and Rescue Service: www.northyorksfire.gov.uk

North Yorkshire Fire and Rescue Authority

Appointments Committee

Meeting of the Appointments Committee to be held on Monday 30 April 2018 at 11.00am at the Board Room, Coxwold House, Birch Way, Easingwold, YO61 3FB (Location plan attached at pages 5 to 7.)

Business

Public Items 1. Minutes of the meeting held on 17 January 2018

(Pages 8 to 10)

2. Declarations of Interest 3. Exclusion of the Public - The Committee is recommended to approve the following –

That, in pursuance of Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of item 5 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Sche1dule 12A to the Local Government Act 1972 as amended by the Local Government (Access to Information)(Variation) Order 2006.

4. Question or Statements from Members of the Public. (Members of the public may ask

questions or make statements at this meeting subject to the provisions of Standing Order 6, which include the requirement to deliver notice (to include the text of the question/statement) in writing or by email to Ruth Gladstone (contact details at the foot of the first page of this Agenda) by midday on Wednesday 25 April 2018.)

Private Item – Report circulated to Members only 5. Vacancy for Chief Fire Officer/Chief Executive – Report of the Legal Adviser, Monitoring

Officer and Secretary to North Yorkshire Fire and Rescue Authority (1 onwards)

Barry Khan Secretary to the North Yorkshire Fire and Rescue Authority County Hall Northallerton

Notes: (a) Emergency Procedures for Meetings

On hearing the fire alarm, you should leave the building by the nearest safe fire exit. Persons should not re-enter the building until authorised to do so by the Fire and Rescue Service.

(b) Audio/Visual Recording and Photography at Meetings Recording is allowed at Authority, committee and sub-committee meetings which are open to the public. Please give due regard to the Authority’s protocol on audio/visual recording and photography at public meetings, a copy of which is available from Ruth Gladstone whose contact details are at the foot of the first page of the Agenda. Anyone wishing to record is asked to contact Ruth Gladstone prior to the start of the meeting. We ask that any recording is clearly visible to anyone at the meeting and that it is non-disruptive.

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NORTH YORKSHIRE FIRE AND RESCUE AUTHORITY

APPOINTMENTS COMMITTEE 1. Membership:

Name

NYFRA Political Group

ConstituentCouncil

1. Aspden, Keith Lib Dem CYC 2. Backhouse, Andrew Con NYCC 3. Blades, David Con NYCC 4. 5.

Randerson, Tony Richardson, Tony

Lab Con

NYCC CYC

2. Substitute Membership: see overleaf Political Composition: Conservative 3 Labour 1 Lib Dem 1 Members not in a NYFRA Political Group 0 Total 5 Quorum: 3. If it is not possible for any Authority Member from a constituent Council to be present

at a meeting of a Committee or Sub-Committee, any Authority Member from that Council may request that particular business is not considered at that meeting. Such requests must be made to the Secretary to the Authority by no later than midday on the working day prior to the meeting. Where such a request is received, the business will not be considered until a Member from that constituent Council can be present. (Standing Order 27(3))

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2. Appointments Committee Substitute Members:

Conservative Group

Lib Dem Group

1. 2. 3.

Swiers, Helen Windass, Robert Ireton, David

1. Webber, Geoff

Labour Group

1. Myers, Danny

Terms of Reference of the Appointments Committee (i) To exercise the functions set out in paragraphs (ii) – (v) below in respect of the

Chief Fire Officer/Chief Executive and his/her Directors.

(ii) To determine an appropriate recruitment package within existing policies as regards salary, benefits and removal expenses in respect of vacancies in the posts at (i).

(iii) To appoint, as necessary, any recruitment consultants in respect of vacancies in

the posts at (i).

(iv) Where a vacancy occurs in a post to which (i) refers, to:-

(a) interview all applicants who meet the Personal Qualities and Attributes, and National Occupational Standards relevant to the post; or

(b) select a short-list of suitable applicants and interview those on that list;

and (in either case)

(c) having carried out such interviews, either appoint one of the candidates to the vacancy, or decide not to appoint any of the candidates, but instead to take such further action in relation to the filling of the post as the Committee may determine.

(v) To evaluate, from time to time, with the support of the Head of Human Resources

as technical adviser, the terms and conditions of the posts to which (i) refers and make necessary changes to them.

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Scale 1/24525Date 9/4/2008

Coxwold House, Birch Way, Easingwold, York, YO61 3FB-Road Map

Centre = 453419 E 469259 NJD

Map scale:Date:Created by:Grid Ref:(c) Crown Copyright. North Yorkshire County Council 100017946 20085

Scale 1/1533Date 12/6/2012

Coxwold House, Easingwold, York YO61 3FB - Street Map

Centre = 453445 E 469150 NALJ


Scale 1/766Date 12/6/2012

Coxwold House, Easingwold, York, YO61 3FB

Centre = 453464 E 469121 NALJ


2018-01-17 NYFRA Appointments Committee/1

North Yorkshire Fire and Rescue Authority

Appointments Committee Minutes of the meeting held on 17 January 2018 at 3.00 pm at Coxwold House, Easingwold. Present:- City Councillor Keith Aspden, County Councillor Andrew Backhouse, County Councillor David Blades, County Councillor Tony Randerson and City Councillor Tony Richardson

Copies of all documents considered are in the Minute Book 1. Election of Chairman Resolved -

That County Councillor Andrew Backhouse be elected as Chairman to serve until the first meeting of the Committee following the Annual Meeting of the Authority to be held in 2018.

County Councillor Andrew Backhouse in the Chair 2. Election of Vice-Chairman Resolved - That City Councillor Tony Richardson be elected as Vice-Chairman to serve until the

first meeting of the Committee following the Annual Meeting of the Authority to be held in 2018.

3. Declarations of Interest It was highlighted that the options for consideration at item 5 included a contract

between NYFRA and either North Yorkshire County Council or the City of York Council. It was reported that each of the five Members present had been granted a dispensation to speak, vote and be included in the quorum during consideration of potential contracts between NYFRA and the Member’s constituent Council.

4. Questions or Statements from Members of the Public There were no questions or statements from members of the public. 5. Vacancy for NYFRA Treasurer/Section 151 Officer Considered - The report of the Chief Fire Officer/Chief Executive which presented options for a

short-term solution for the provision of the Authority Treasurer/Section 151 role, to

ITEM 1

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commence on 2 March 2018, and invited the Committee to determine which of the options to progress to implementation.

The Chief Fire Officer/Chief Executive, in introducing the report, highlighted that three options had been identified and were set out in the report. All three options were broadly cost neutral with current arrangements for budgetary purposes, much depending on the amount of time on Section 151 activities in the case of Service Level Agreement (SLA) options.

During discussion:-

Members discussed and discounted Option 3 “to appoint internally via a secondment” on the basis that it would be unfair to place the NYFRS employee, during such a secondment, in the invidious position of having to advise both current and future employers who might take different positions on different issues. Also appointing internally would not demonstrate collaborative working.

Members discussed Option 1 “to appoint an individual from one of the blue light

services via a SLA”. It was noted that Option 1 would be consistent with the Government’s policy direction for closer collaboration between blue light services and also the direction of travel set out in the Police and Crime Commissioners (PCC’s) local business case to take over governance of NYFRS. The PCC’s local business case included a proposal for a sharing of Section 151 roles across NYFRS and the PCC, although recognised that the sharing of Section 151 roles would need to be achieved over time and following consultation. Members discounted Option 1 on the following grounds:-

The practicalities of entering into a new SLA with the PCC in such a

short time for such a short period. It was unclear as to the immediate familiarity of the PCC’s Section 151

Officer with NYFRS’s financial systems. This was important given the compressed statutory timetable for management review and sign off of the 2017/18 Final Accounts by 31 May 2018 prior to submission to the External Auditors. It was recognised that management review and sign off were key functions of the Section 151 Officer.

The Chief Constable’s Chief Finance Officer was a possibility for a SLA

but the practical considerations of immediate familiarity, as outlined in the previous bullet point in respect of the PCC’s Section 151 Officer, were applicable in the case of the Chief Constable’s Chief Finance Officer.

The Ambulance Trust did not have a Section 151 role as part of its

internal governance arrangements and therefore this this was not a viable option.

Members discussed Option 2 “to appoint an individual from one of the two

constituent local authorities via a SLA”. This Option involved keeping things largely as they were internally for NYFRS and asking North Yorkshire County Council (Option 2a), or the City of York Council (Option 2b), whether they would be willing to undertake the Section 151 role including the Senior Information Risk Officer (SIRO) role. It was noted that this option, if taken, would be consistent with the Government’s policy direction for closer collaboration as reflected in the new duty to collaborate.

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Members discounted the option of a SLA with the City of York Council on the grounds that no SLA currently existed with the City of York Council and therefore time and effort would be required to develop and gain agreement on the terms of the SLA similar to that which would be required in setting up an SLA with the PCC of North Yorkshire Police. It was reported that North Yorkshire County Council (NYCC) had the capacity, and would be able, to deliver NYFRA’s Section 151 role, including the Senior Information Risk Officer (SIRO) role. Members expressed support for the option of an agreement with NYCC primarily on the ground that NYCC was already familiar with NYFRA’s financial systems and also because it could be implemented quickly as a straightforward amendment to a current SLA between NYFRA and NYCC.

The Committee discussed the length of time for which it wished to approve the arrangement for the short-term provision of NYFRA’s Treasurer/Section 151 role. Members commented that an arrangement ending on 1 June 2018, ie on the date on which the PCC was looking for the governance of NYFRS to be transferred to the PCC, might provide insufficient time for the PCC to decide and approve a new management structure and put in place arrangements for it to be implemented from 2 June 2018. It was suggested that the term of the agreement between NYFRA and NYCC might be six months with the flexibility to reduce the period of time to three months. It was also suggested that the Legal Advisor to NYFRA should be authorised to determine the legal wording of the agreement with NYCC.

Resolved -

(a) That the report be noted. (b) That Option 2a, ie to appoint an individual from NYCC via a SLA, be approved

on the basis of a six month contract with the flexibility to reduce the period of time to three months.

(c) That authority be delegated to NYFRA’s Legal Advisor to agree, on behalf of

NYFRA, the legal wording of the agreement. (d) That Gary Fielding, NYCC’s Corporate Director – Strategic Resources, be

appointed as an officer of NYFRA. (e) That the meeting of the Committee scheduled for 15 February 2018 be

cancelled. The meeting concluded at 3.55pm. RAG/RAG

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