RESOURCES AND GENERAL SERVICES COMMITTEE Members of the Resources and General Services Committee are summoned to attend a Meeting at 7.45pm on Wednesday 8 October 2014 at 1 Buckingham Court, Rectory Lane, Loughton to transact the business shown in the agenda. Enid K Walsh Town Clerk 2 October 2014 Councillor S Pewsey (Chairman) Councillor I Lawrence (Vice Chairman) Councillors J Angold-Stephens J Mahoney E Stacey K Angold-Stephens H Mann J Jennings S Murray Note to Councillors: If you are unable to attend the meeting, please phone your apologies to the office on 020 8508 4200. 26 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ AGENDA 1 Apologies for absence To RECEIVE any apologies for absence. 2 Declarations of Interest Councillors to declare any pecuniary or non-pecuniary interest in any items on the agenda. 3 Confirmation of Minutes To CONFIRM the minutes of the meeting held on 16 July 2014. 4 Public Representations To adjourn the meeting to hear any representations from members of the public who have registered a request to address the Committee in accordance with no 5, Appendix C, of the Standing Orders. 5 Matters for Report To REPORT any further significant information on matters which have been previously discussed, in addition to those which may already be included on the agenda. 5.1 Insurance – Min no RG156.2 For information, the cemetery buildings’ contents have now been insured at a cost of £57.78 including insurance premium tax for the period up to 31 March 2015. 5.2 Staffing – Min no RG165.2 The Committee is asked to NOTE the appointment of Mrs Susan Latchford as Allotment Officer on a six-month temporary contract for seven hours per week with effect from 28 July 2014, as agreed at the last meeting. For information, the annual staff appraisal meetings have been held and action and training plans agreed. No significant issues arose. 5.3 * 6 Standing Orders Review – Min no RG161 The Committee is asked to consider the report and recommendation in the attached report (see page 5). Financial Assistance – Christmas Lights The Committee would normally at this time of year consider an application for financial assistance from the High Road Town Centre Partnership for funding towards the Christmas lights on lamp columns in the High Road. These lights are in addition to the illuminated Christmas tree on Kings Green provided by the Town Council. It is now understood that the Chairman of the TCP is not prepared to organise these Christmas lights for 2014 or in the future. Based on past experience, the lack of Christmas lighting in the High Road would inevitably impact on the Town Council’s reputation. The Committee is therefore asked to authorise Council officers to progress plans for the 2014 lighting as a matter of urgency and vire the £4,000 financial assistance budget allocated for this item to the street furniture budget of the Environment and Heritage Committee. It is further noted that the High Road TCP wishes to organise an event for the switching on of the Christmas lights on Thursday 27 November 2014. 1 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ 7 * Finance 7.1 Accounts and Audit 2013/14 – Min no 138 Confirmation has been received from PKF Littlejohn, the Council’s external auditors, that they have completed the audit of the Annual Return for Loughton Town Council for the year ended 31 March 2014. A copy of Section 3 of the Annual Return, the external auditor certificate and opinion, is provided. This confirms that, in their opinion, “the information in the annual return is in accordance with proper practices and no matters had come to their attention giving cause for concern that relevant legislation and regulatory requirements had not been met”. See page 6. For information, the “Notice of Conclusion of Audit and Right to Inspect the Annual Return” has been displayed on the noticeboards since 16 September 2014 and will remain in place for at least 14 days as required by the legislation. 7.2 Internal Audit – Min no RG132.1 The first visit of the internal auditor for the current financial year will be on Wednesday 15 October 2014. The Committee is asked if there is anything in particular that he should examine in more detail during this visit. 7.3 Internal Financial Check Cllr Mahoney undertook a routine inspection of the Council’s financial records on 27 August 2014. Included in his checks were the insurance records and the football bookings papers. No issues arose during this visit. 7.4 Investments The Santander Business Bond matured on 1 October 2014 and the funds of £507,007.62, including the gross interest, transferred to the Town Council’s Santander Business Reserve Account. Officers have considered new investment opportunities for the Council’s reserves; however, interest rates remain low. It is RECOMMENDED that the Council invests £500,000 in a new Business Bond with Santander at a rate of 0.90 per cent gross/AER fixed for 12 months. 7.5 * Financial Position The current financial report is attached together with details of the Committee’s earmarked reserves (see pages 7 – 8). For information, the second instalment of the 2014/15 precept, £290,850, was received from Epping Forest District Council on 26 September 2014. A note of the Council’s current bank balances and most recent reconciliations will be circulated at the meeting. 7.6 Accounts Paid Payments totalling £169,683.44 as detailed on payments schedules nos 163 – 168 have been made since the report to the meeting on 16 July 2014. The schedules and accompanying invoices will be available at the meeting for inspection. 2 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ For information, details of all Council payments in excess of £250 are provided on the Council’s website on the strategic documents page. 8 * 9 * 10 * Quality Council Status A report is attached (see page 9). Environment and Sustainability Policy The Committee is asked to review the Council’s Environment and Sustainability Policy (see pages 10 – 11). Equality Act 2010 The Council has adopted an Equal Opportunities Policy (see pages 12 – 13) and this forms part of the Staff Handbook. However, as a public authority it has additional obligations under Section 149 of the Equality Act 2010. It means that public bodies have to consider all individuals when carrying out their day-to-day work, in shaping policy, in delivering services and in relation to their own employees. It also requires that public bodies: have due regard to the need to eliminate discrimination; advance equality of opportunity; and foster good relations between different people when carrying out their activities. RECOMMENDED that the Town Council adopts the following additional statement regarding Equality and Diversity: Loughton Town Council acknowledges its responsibilities under the Equality Act 2010 and the obligations of the Public Sector Equality Duty in Section 149. The Council is fully committed to recognising and embracing diversity in the local community and pursuing an equal opportunities approach in the employment of its staff and the way in which services are provided for the public. 11 * Community Engagement Strategy The Committee is asked to CONFIRM the Council’s Community Engagement Strategy previously considered by the Strategy and Staff Group (see pages 14 – 15). * Health and Safety Policy The Committee is asked to review the Council’s Health and Safety Policy (see pages 16 – 17). 12 13 * 14 Training – A Statement of Intent The Committee is asked to review the Council’s Training Policy (see pages 18 – 19). Crime and Disorder Policy Under Section 17 of the Crime and Disorder Act 1998, parish and town councils have a duty to consider the impact of all their functions and decisions on crime and disorder in their local area. A useful guide to Section 17 may be found at: http://www.nacro.org.uk/data/files/nacro-2004120294-121.pdf * The Council adopted a Crime and Disorder Policy in September 2002 and the Committee is asked to review this policy (see page 20). 3 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ 15 Flexible Working Policy As reported at the meeting held on 16 July 2014, Min no RG159, every employee who has worked for the Council for more than twenty six weeks now has the statutory right to request flexible working, not just parents and carers. * 16 * 17 The Committee is asked to CONFIRM the draft policy provided by the Council’s personnel service, Peninsula (see pages 21 – 24). Local Government Pension Scheme – Employer Policy Discretions Further to the report at the meeting on 16 July 2014, Min no RG157, the Committee is now asked to CONFIRM the attached draft policy previously considered by the Strategy and Staff Group. See pages 25 – 28. Future Work of the Committee The opportunity for members to suggest topics to be considered by the Committee at a future meeting, subject to the Committee’s agreement. Members are reminded that as part of its overall plan and to complement the budgetmaking process, at its next meeting the Committee will be asked to review its priority list and agree Estimates for 2015/16. Note: No substantive discussion may take place under this item as the required statutory notice of the topics will not have been given. Enid K Walsh TOWN CLERK 2 October 2014 4 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 5.3 Standing Orders Review The Council’s Standing Orders agreed in April 2013 includes those which confirm the requirements of the Public Bodies (Admission to Meetings) Act 1960 (‘the 1960 Act’). Until 5 August 2014, the 1960 Act provided that members of the public had no statutory right to film, take photographs or record full council or committee meetings. Specifically, item “r” currently states the following: Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s prior written consent. On 6 August 2014, the 1960 Act was amended by the Openness of Local Government Bodies Regulations 2014 (“the 2014 Regulations”). The amended 1960 Act provides that a person may not orally report or comment about a meeting as it takes place if he is present at the meeting of a parish council or its committees but otherwise may: a. film, photograph or make an audio recording of a meeting; b. use any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later; c. report or comment on the proceedings in writing during or after a meeting or orally report or comment after the meeting. The new amendments to the 1960 Act mean that the Town Council should not continue to use Standing Order “r” after 5 August 2014. To avoid the need to suspend this Standing Order at all council and committee meetings the Committee is asked to RECOMMEND to full Council that it should be replaced with the following with immediate effect: r A person may not orally report or comment about a meeting as it takes place if he/she is present at the meeting of the Town Council or its committees, but otherwise may; a film, photograph or make an audio recording of a meeting; b use any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later; and c report or comment on the proceedings in writing during or after a meeting or orally report or comment after the meeting. 5 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 7.1 – Accounts and Audit 2013/14 6 Agenda item 7.5 Loughton Town Council 2014/15 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Financial Position Summary Income & Expenditure by Budget Heading 30/09/2014 Month No: 6 Resources & General Services Committee Report Resources and General Services Actual Last Year Actual Year To Date Current Variance Annual Annual Budget Total Funds Available % of Budget Communication Expenditure 17,071 9,256 19,100 9,844 9,844 48.5 % Office Expenses Expenditure 9,073 Income 12 4,884 9 12,500 0 7,616 9 7,616 39.1 % 0.0 % Audit (1) Expenditure 2,800 -1,600 2,900 4,500 4,500 -55.2 % 136,900 279,300 142,400 142,400 49.0 % Central Personnel Expenditure 258,495 Council Expenses Expenditure 11,256 Other Services (2) Expenditure Members’ Expenses 7,391 12,350 4,959 4,959 59.8 % 899 0 11,250 11,250 11,250 0.0 % Expenditure 2,035 32 2,900 2,868 2,868 1.1 % Buckingham Court (3) Expenditure 54,267 Income 10,016 25,979 7,662 56,200 330 30,221 7,332 30,221 46.2 % 2321.8 % Service Re-charge (4) Expenditure -245,000 0 -241,400 -241,400 -241,400 0.0 % 43.9 % Grants (5) Expenditure 39,772 17,118 39,000 21,882 21,882 199,960 194,100 7,671 330 -5,860 7,341 -5,860 103.0 % 2324.6 % 192,289 193,770 1,481 INCOME – EXPENDITURE TOTALS Expenditure 150,667 Income 10,029 Net Expenditure over Income 140,638 NOTES (1) Audit - the amount of -£1,600 relates to the payment to external auditors for the 13/14 accounts, invoice recently received and to be paid on 8 October 2014. (2) The ‘Other Services’ budget includes £9,000 for election expenses, £1,000 for contingency, £250 for the Civic Service and £1,000 for the Citizenship awards. (3) Income at Buckingham Court relates to the hire of the Council Chamber as a training venue. (4) The Annual Service Recharge is -£241,400. Position as at 30/09/14 = -£120,700. (5) The Grants’ budget includes the General Grants (£25,000), Epping Forest District CAB Loughton (£6,000) and Christmas lights (The Broadway and High Road Town Centre Partnerships £4,000 each). General Grants of £22,600 have been awarded but not all claimed. 7 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 7.5 cont’d Earmarked Reserves: A summary of the Committee’s reserves showing the amounts available from reserves in this current financial year is provided below: Resources and General Services Committee Elections 1.04.14 13,000 Noticeboards 2,400 Office expenses 6,820 Communication 1,000 Council expenses 2,884 Accommodation 15,000 Buckingham Court maintenance fund 6,000 Honours board 700 Community events 0 Staff costs 0 Grants (underspend 2013/14) 181 Total 8 £47,985 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 8 Quality Council Scheme The national review has now been completed with a new Quality Council Scheme set to be launched in January 2015. The Essex Association of Local Councils reported in late August that the county has been chosen as a pilot for the new scheme. The name of the new scheme is yet to be confirmed, so for consistency “Quality Council Scheme” is currently being used. The EALC has invited a small number of local councils in Essex to take part in this pilot and achieve the status during this October/ November. EALC Officers will be assisting Councils to undertake the accreditation. There will be no accreditation fee for the pilot councils. Councils not on the pilot will be able to accredit from January 2015. As expressions of interest were required by 12 September 2014, the Town Clerk, in discussion with the Chairman and Vice Chairman of this Committee, put Loughton Town Council forward as one of the pilot councils. The Council will be required to have all the required documentation on its website by midNovember and make a special resolution at a full Council meeting to confirm it achieves the necessary standards. There are likely to be 3 levels; Foundation, Quality and Gold Awards. Councils are expected to achieve each level and then develop on further at their own pace to the next level. For example a Council achieving Gold will need to have achieved Foundation and Quality criteria as well as the Gold. The Town Council will be aiming to achieve gold status. The Council already meets the majority of the requirements set out in the draft criteria and where new policies or reviews of existing policies are needed these appear elsewhere on the agenda. The Committee is asked to CONFIRM this course of action. For information, the Town Clerk has agreed to act as one of the representatives from the Society of Local Council Clerks (Essex) on the accreditation panel. This will be carried out in her own time. 9 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 9 Environment and Sustainability Policy The following policy was adopted in October 2009. Loughton Town Council is committed to promoting a sustainable community in Loughton. It recognises that environmentally friendly policies will bring benefits to the whole town, through greener business practices, improvements to the natural setting, more sustainable development and a healthier lifestyle for all. The Council will lead by example, using environmentally-friendly policies for its own premises and assets which will reduce the impact on the landscape. It recognises however, that changing to more sustainable practices may take time to achieve if council tax payers are not to be unduly burdened; in the longer term, greener policies mean reduced costs for all as well as a better environment. Implementation General The Council will review the provisions of the Climate Change and Sustainable Energy Act 2006 and the Natural Environment and Rural Communities Act 2006 and, in the light of the powers they confer, make recommendations about how they should affect future decisionmaking. The Council will discuss the Nottingham Declaration and consider whether it wishes to adopt and sign the Declaration. Key Action areas Energy Conservation An energy audit of all Council premises and assets will be conducted and where possible measures introduced to reduce consumption, including the introduction of measures such as energy-efficient light bulbs and thermostats. A review of the Council’s energy tariffs will be undertaken with a view to changing to the most sustainable and environmentally friendly packages available. The viability and cost-effectiveness of installing solar panels and other renewable power sources will be considered for all Council premises. Environmental Management System The Council will consider adopting an Environmental Management System (e.g. ISO14001) and benchmarking its environmental profile, adopting best practice where possible and using performance indicators (such as electricity consumption) to measure progress. These indicators would be made available to the public. Green Spaces and Biodiversity The Council will review grounds maintenance contracts to ensure unnecessary work is avoided and contractors follow optimum environmental practices. The use of herbicides and pesticides will be reduced and grounds maintenance contractors required to avoid chemicals on the GB ‘Red List’ and EU ‘Black List’ as those create longterm persistent pollution problems, which would damage wildlife and plant life. The Council will promote biodiversity through its work at the Willingale Road Local Nature Reserve and other green spaces. 10 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Planning The Council will make representations to the higher tiers of local authorities to ensure that proposed developments do not have an adverse environmental impact, .e.g. building in flood plains or excessive water runoff from large areas of hard standing, and that they are built to sustainable standards with the least possible environmental impact as required by the Water Act 2003. Sustainable Procurement Procurement for the Council will be as sustainable as possible, using consumables with low environmental impact and recyclable items where these represent best value for money. Suppliers which themselves operate to environmentally-friendly standards will be preferred. The Council will review its investment and banking policy and, whilst meeting its statutory duties, seek to invest ethically. The Council will consider imposing conditions as part of its Financial Assistance Scheme such that organisations benefiting from the scheme are required to include environmentally friendly outcomes for their projects where relevant. Transport The Council will develop a staff and member travel plan, including a review of staff and member mileage allowances, with a view to promoting car-sharing, public transport use and cycling. The Council will develop a vehicle purchasing policy specifically to consider buying electric or hybrid vehicles. Waste Management The Council will consider the adoption of the Clean Neighbourhoods and Environment Act 2005, looking to improve litter control in the town and reduce the amount of graffiti and flyposting. The Council will introduce a recycling policy with a view to ensuring that its waste actually is recycled in an environmentally friendly way. It will actively seek to reduce the Council’s residual waste. It will support and promote policies from other tiers of local government which encourage recycling. The Council will review its use of paper with a view to restricting mailings to those required by statute, use email where possible and maintaining digital archives. Water Policy Water usage at all Council facilities will be reviewed with a view to introducing conservation measures where appropriate. Businesses and residents will be encouraged to do likewise. The Council’s contractors will be expected to minimise water use. Any new planting schemes will use drought-resistant species. Information on water reduction techniques will be provided to allotment tenants. Schemes to reduce the amount of water runoff and water pollution will be promoted so as to reduce the risk of flooding and habitat damage. The Council will support environmentally sustainable management programmes and oppose development which will adversely affect our river systems such as Loughton Brook and Pyrles Brook. 11 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 10 Equality Act 2010 Equal Opportunities Policy A) STATEMENT OF POLICY 1. We recognise that discrimination is unacceptable and although equality of opportunity has been a long standing feature of our employment practices and procedure, we have made the decision to adopt a formal equal opportunities policy. Breaches of the policy will lead to disciplinary proceedings and, if appropriate, disciplinary action. 2. The aim of the policy is to ensure no job applicant, employee or worker is discriminated against either directly or indirectly on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. 3. We will ensure that the policy is circulated to any agencies responsible for our recruitment and a copy of the policy will be made available for all employees and made known to all applicants for employment. 4. The policy will be communicated to all private contractors reminding them of their responsibilities towards the equality of opportunity. 5. The policy will be implemented in accordance with the appropriate statutory requirements and full account will be taken of all available guidance and in particular any relevant Codes of Practice. 6. We will maintain a neutral working environment in which no employee or worker feels under threat or intimidated. B) RECRUITMENT AND SELECTION 1. The recruitment and selection process is crucially important to any equal opportunities policy. We will endeavour through appropriate training to ensure that employees making selection and recruitment decisions will not discriminate, whether consciously or unconsciously, in making these decisions. 2. Promotion and advancement will be made on merit and all decisions relating to this will be made within the overall framework and principles of this policy. 3. Job descriptions, where used, will be revised to ensure that they are in line with our equal opportunities policy. Job requirements will be reflected accurately in any personnel specifications. 4. We will adopt a consistent, non-discriminatory approach to the advertising of vacancies. 5. We will not confine our recruitment to areas or media sources which provide only, or mainly, applicants of a particular group. 6. All applicants who apply for jobs with us will receive fair treatment and will be considered solely on their ability to do the job. 7. All employees involved in the recruitment process will periodically review their selection criteria to ensure that they are related to the job requirements and do not unlawfully discriminate. 12 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ 8. Shortlisting and interviewing will be carried out by more than one person where possible. 9. Interview questions will be related to the requirements of the job and will not be of a discriminatory nature. 10. We will not disqualify any applicant because he/she is unable to complete an application form unassisted unless personal completion of the form is a valid test of the standard of English required for the safe and effective performance of the job. 11. Selection decisions will not be influenced by any perceived prejudices of other staff. C) TRAINING AND PROMOTION 1. Senior staff will receive training in the application of this policy to ensure that they are aware of its contents and provisions. 2. All promotion will be in line with this policy. D) MONITORING 1. We will maintain and review the employment records of all employees in order to monitor the progress of this policy. 2. Monitoring may involve:- 3. a. the collection and classification of information regarding the race in terms of ethnic/national origin and sex of all applicants and current employees; b. the examination by ethnic/national origin and sex of the distribution of employees and the success rate of the applicants; and c. recording recruitment, training and promotional records of all employees, the decisions reached and the reason for those decisions. The results of any monitoring procedure will be reviewed at regular intervals to assess the effectiveness of the implementation of this policy. Consideration will be given, if necessary, to adjusting this policy to afford greater equality of opportunities to all applicants and staff. 13 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 11 Community Engagement Strategy (draft) The Town Council recognises that it is uniquely placed to represent the views of its constituents and provide community leadership. This strategy sets out how it engages with the local community to identify its needs and aspirations and how it can improve community engagement to give people a voice and involve them in decisions affecting their quality of life. 1. 2. 3. Loughton Town Council aims to: Represent and promote the interests of Loughton and its people of all ages in all its activities; Provide the best possible amenities and services by the efficient use of available resources; Actively involve local people in decisions affecting activities in the local area; Promote equality of opportunity and oppose discrimination; Be open and accountable in all it does; Enhance quality of life by protecting and enhancing Loughton’s ecological and environmental assets. In order to achieve these aims, the Council will: Work closely with residents, local businesses and community groups; Engage with as many people as possible who want to participate in decision making, monitoring services and planning for the future (particularly those hard to reach groups); Ensure, that through the use of a wide range of approaches to public involvement and community engagement, we actively encourage the involvement of residents to capture their views and learn their concerns, and effectively use those views as an integral part of the decision-making process; Ensure that residents have opportunities to be heard at every stage, and the capacity to be effective citizens. Defining the community The Town Council considers the community of Loughton to consist of: All residents of the town; Users of the Town Council’s services; Those who work or own businesses within the town; Young people who live and/or go to school within the town; and Local voluntary organisations, clubs and societies and any group or organisation that represents some or any of the members of the above sections of the community. Additionally, the Town Council recognises that there are certain bodies that are crucial to the quality of life in Loughton and aims to maintain excellent working relationships with these bodies, including Epping Forest District Council, Essex County Council, the Police and the neighbouring town and parish councils. 4. How community engagement is facilitated The Town Council provides the following: 14 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ 5. A website with full details of the Council’s work; A quarterly newsletter, Think Loughton, and annual report delivered to all residents and businesses across the town and also available from libraries and on the website; Regularly updated noticeboards promoting the work of the Council, its partners and other local organisations; Residents may contact the Town Council offices in person and by telephone Monday to Thursday 9am – 5pm and Friday 9am – 4.45pm with an answerphone provided for messages outside these hours. Details of how to contact the Town Clerk’s office and Councillors are provided in the newsletter and on noticeboards and the website; Ensuring all meetings of the Council are open to the public and press with a period set aside for residents to speak; Community forums are held to address important issues affecting the community; Consultation events provide opportunities for residents to give their views on plans for new facilities or services in the town; Additional public meetings are arranged to address controversial issues; Holding a wide range of community events which provide opportunities to engage with the public and raise community spirit; Press releases to manage the media effectively to promote and defend the Council; Use of the Council logo to promote the work of the Council; Good internal communications – making sure staff and members are informed and give out consistent messages and representations on behalf of the community. Town Councillors represent the Council on various outside bodies to ensure good two-way communication with regular reports of these meetings made to the Council. Councillors hold regular surgeries and provide other informal opportunities for residents to speak to them. Improving community engagement The Town Council will: Publicise the positive results from working with the community and other partners; Work closely with Epping Forest Youth Council to ensure the views of young people are taken into account. Identify new opportunities to work with local community groups; Make full use of modern communication methods; Review the Community Engagement Strategy annually to ensure its relevance. This document was adopted by the Council on ………….2014 15 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 12 Health And Safety Policy The following policy was agreed by the Finance and General Policy Committee on 14 April 2004. Contents: I II III General Statement of Intent Organisation Arrangements Part I of this document states the Council’s general aims in regard to employees’ health and safety. Parts II & III set out the action plan to achieve these aims. I 1 General Statement of Intent The Council recognises its responsibility for the health and safety of its employees and is committed to pursue a policy which ensures, so far as is reasonably practicable, the health, safety and welfare of its employees. 2 The commitment exists at all levels of the organisation. 3 The Council notes and accepts its duty as an employer to take all practical and reasonable steps to: safeguard health, safety and welfare at work provide safe systems of work provide and maintain safe plant and equipment provide a safe and healthy working environment provide information and training in safe practices have regard for the health and safety of others who may be affected by the activities of the Council e.g. self-employed people, contractors, other users of the premises, members of the public 4 The Council will have regard to health and safety legislation, approved codes of practice, guidance notes and other relevant information issued by the Health and Safety Executive. 5 Responsibility for health and safety lies with both employers and employees, and the Council expects co-operation from employees to achieve its aims in respect of health and safety. Dereliction of duty in respect of health and safety may be treated as a disciplinary offence. 6 The Council will review and revise its safety policy as necessary and appropriate, will consult with employees on the policy, and will bring the policy and any subsequent amendments to the attention of employees. II 1 Organisation Members of the Council have the overall responsibility for health and safety. 2 Day-to-day responsibility for implementation is delegated to the Town Clerk in the first instance, and then by such further delegation as may be put in place by the Town Clerk. 3 Supervisors of employees are responsible for the detail of the health and safety of those employees. Cont’d 16 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ 4 Employees have a duty to take reasonable care to avoid injury to themselves or others (employees, contractors, public etc) to co-operate to meet statutory requirements not to interfere with or misuse anything provided to protect safety to obey safety rules to familiarise themselves with health and safety instructions to report all accidents and incidents and to assist with the investigation of such. 5 The Town Clerk and other supervisors will meet with employees from time to time and as necessary to discuss matters relating to health and safety. All employees should raise any health and safety concerns with their supervisor or with the Town Clerk as soon as those concerns become apparent. III 1 Arrangements The Council will issue detailed guidance and instruction and give training and supervision as necessary. It will assess the risks arising from its activities and take appropriate action. 2 Detailed policies, procedures, systems and practices in respect of health and safety will be drawn up as necessary for specific aspects of the Council’s activities. They will form annexes to this policy. 3 The Town Clerk and/or other supervisors will from time to time carry out checks to ensure that employees are working safely. Workplaces and equipment will also be subject to regular checks in respect of health and safety. 4 Hazards and defects should be reported to the Town Clerk or a supervisor immediately. If reports are made verbally in the first instance, they should be followed up by a written report confirming the nature of the problem, its severity, and any recommendation for action. 5 The Council will engage the services of specialists as necessary to advise or carry out tasks which it is unable to do itself. 6 The Council will make such reasonable resources available as are required to ensure health and safety at work. 7 Good communication is vital to the success of health and safety arrangements and will be inherent in the activities of the Council and its employees. 17 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 13 Training – A Statement of Intent General 1 The Council has a strong commitment to learning and development by encouraging its councillors and staff to undertake training and so strive for continuous improvement in their knowledge and skills. The Council recognises the importance of continuous development in enabling it to meet the future needs and aspirations of the local community. 2 Identifying Training Needs Councillors: A comprehensive training programme for Councillors will be drawn up by the Town Clerk for the start of each new term of office and reviewed annually thereafter. This will include an induction course for each new council member held prior to the first Annual Meeting of the new Council. Councillors will be encouraged to attend a variety of courses to support their role within the Council. Flexible solutions will be provided to any Councillors with particular needs. Staff: The Council supports relevant training for staff, both one-off and qualification courses. Training needs will be identified at the initial induction meetings held with all new employees and then reviewed at their annual “Review and Development Meetings”. Staff will be encouraged to undertake training both relevant to their specific roles and to extend their skills. Funding: The Council will provide for the cost of training fees and the expense of attending courses for both councillors and staff from within the annual budget. 3 Resources The Council will ensure that training requirements are built into the annual budget process to support the training strategy. In addition to in-house training, the following is a non-exclusive list of training and conference providers to be considered, which will be reviewed annually: Essex Association of Local Councils Epping Forest District Council Society of Local Council Clerks East of England Local Government Association National Association of Local Councils Rural Community Council for Essex 4 Impact of training Training will: help maintain, enhance and expand the quality and range of services offered by the Council 18 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ 5 prepare members for their future roles within the Council assist members to adapt to meet the changing needs of the Council and community allow staff to acquire more confidence in their work ensure the legal requirements are met Review Staff will have the opportunity to review the impact of their training at the annual Review and Development meeting and informal discussions throughout the year. Areas that may prompt additional training are Changes in legislation New or revisions to existing council services Introduction of new qualifications Accidents or incidents at work Complaints Specific requests from staff 6 Members’ requirements Training opportunities for councillors will be identified by the Town Clerk and attendance considered through the agenda process. 7 Council development In the event of new legislation being introduced or an issue arising which requires the attention of all members, the Town Clerk will provide or arrange for a suitable training event to be held. 8 Update and information The Council recognises the need to invest in the future by ensuring that its information source is current. This will be achieved though Access to free information whether through literature of the use of research on the internet. Annual subscriptions to relevant publications Membership of relevant organisations 9 The Council will support its members by: i. Being a member of the Essex Association of Local Councils The Council will support its officers by: i. Supporting the Town Clerk and Deputy Town Clerk’s membership of the Society of Local Council Clerks by paying their subscriptions ii. Encouraging and supporting the Town Clerk and Deputy Town Clerk to become members of the Institute of Local Council Management and to pay their subscriptions. 10 Annual review This Statement will be reviewed annually by the Resources & General Services Committee. 19 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 14 Crime and Disorder Policy 1. The Council adopts a policy to confirm its commitment to crime and disorder reduction. 2. The Council continues to participate in partnerships and initiatives aiming to reduce crime and disorder. 3. The Council will pay due attention to the subject of crime and disorder when considering its functions. 4. Where appropriate, reports to Committees will include reference to crime and disorder for the Committee’s consideration in making decisions. 5. All Committees will be asked to review their activities and functions in the light of crime and disorder, as and when circumstances permit. 20 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 15 Flexible Working Policy A) INTRODUCTION 1) The Council believes that its staff members are its most valuable asset and is committed to attracting and retaining the very best, and utilising all the talent and experience available within the community. It also appreciates that the UK workforce is becoming increasingly diverse and includes a high percentage of parents and individuals with other caring responsibilities, as well as those whose interests and aspirations impact on their time. It therefore appreciates that the standard Monday to Friday, 9am to 5pm working week is, in many cases, incompatible with increasing demand for a better work-life balance. 2) The Council recognises the importance of helping its employees balance their work and home life by offering flexible working arrangements that enable them to balance their working life with other priorities. In turn it recognises that staffing levels must at all times remain in line with the demands of the business. 3) This policy statement aims to set out the ways in which flexible working can increase staff motivation, build better relationships between the Council and its employees, increase the rate of retention of staff, reduce absence, attract new talent, promote work-life balance and reduce employee stress, and in doing so improve the Council's efficiency, productivity and competitiveness. It provides a description of the issues involved, taking into account the possible benefits of each kind of flexible working to both employees and the Council, but also raising possible drawbacks and areas of potential concern. 4) The policy statement considers the following options, but the Council recognises that there may be alternatives, and that the working pattern that may suit any particular individual could be a unique one involving a combination of options: job-sharing; part-time working; annualised hours; compressed hours; flexitime; term-time working; swapping hours; voluntary-reduced working time; working from home; career breaks; flexible shift working. B) THE BUSINESS NEED 1) Although the Council is committed to providing the widest possible range of working patterns for its workforce, both management and employees need to be realistic and to recognise that the full range of flexible working options will not be appropriate for all jobs across all areas of the business. 2) Where an instance of flexible working is proposed the Council will need to take into account a number of criteria including (but not limited to) the following: 21 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ the cost of the proposed arrangement; the effect of the proposed arrangement on other staff; the level of supervision that the post-holder requires; the structure of the department and staff resources; other issues specific to the individual's department; an analysis of the tasks specific to the role, including their frequency and duration; an analysis of the workload of the role. C) ELIGIBILITY Although it is recognised that not all of the flexible working patterns considered will be suitable for all sections of the Council's workforce, there should be no arbitrary barriers. Employees in all areas and levels of the Council will be considered for flexible working regardless of their age, sex, sexual orientation, race, or religion or belief, or whether they have a disability, their level of seniority, their current working pattern, or whether they are employed on a permanent or fixed-term basis. However, there is no automatic right for employees to change to any of the flexible working patterns each application will be considered on the basis of the particular work involved and any detrimental effect the change could have on individual, team or business performance. D) RIGHT TO REQUEST FLEXIBLE WORKING Employees must have 26 weeks' continuous service to make a statutory request for flexible working. Employees must not have made a request for flexible working within 12 months previous to the date of their request. While it is the Council's policy to be flexible on working patterns for all its employees, in order to ensure that it is complying with its legal obligations concerning the right to request flexible working, there may be situations where precedence has to be given to those who are eligible for this right. E) THE APPLICATION An application must: i) be made in writing and state that it is such an application; ii) state whether a previous application has been made under this procedure and, if so, when; iii) specify the change applied for and the date on which it is proposed the change should become effective; iv) explain what effect, if any, the employee thinks making the change applied for would have on the employer and how, in the employee’s opinion, any such effect might be dealt with; vi) be dated. The application must also state whether the variation requested is made in pursuance of a reasonable adjustment under the disability discrimination provisions of the Equality Act 2010. F) PROCEDURE FOR DEALING WITH AN APPLICATION 1) Discussion with Employee A discussion regarding the application will be held with the employee within 28 days of the application, unless the employer notifies the employee in writing of agreement 22 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ to the variation. The time and place of the discussion will be convenient to both employer and employee. 2) Notice of Decision Once a decision has been made by the Council, the employee will be informed within 14 days of the discussion. Where the employer's decision is to agree to the application, the notice will specify the contract variation agreed to and state the date on which the variation is to take effect. Where the decision is to refuse the application, the notice will state which of the specified grounds for refusal are considered to apply, with an explanation of why those grounds apply in relation to the application, and set out the appeal procedure. 3) Right of Appeal An employee may appeal against the Council's decision to refuse an application, within 14 days of the decision. The notice of appeal must be in writing, setting out the grounds for appeal and be dated. The Council will discuss the appeal with the employee within 14 days after the employee's notice’ was given, unless, within that time period, the employer gives the employee written notification that the original decision has been overturned and specifies the variation which has now been agreed and the date on which it will take effect. If an appeal meeting is held, the time and place must be convenient to both employer and employee. Within 14 days after the date of the appeal meeting the employer will give the employee written, dated, notice of the decision on the appeal. Where the employer upholds the appeal the notice will specify the contract variation agreed to and state the date on which it is to take effect. Where the employer dismisses the appeal the notice will state the grounds for the decision and contain a sufficient explanation as to why those grounds apply. 4) Acceptance of Variation Where the Council accepts the employee's application, a permanent variation of the employee's contract will result, unless the Council agrees otherwise. This means that once a change has been made, there is no right for the employee to revert back to their previous terms and conditions. However, further applications for variations may be made provided they are made at least 12 months after the previous application. 5) Timescale An application for flexible working will be concluded within 3 months of the date of the application. G) WITHDRAWAL OF APPLICATION BY EMPLOYEE The Council will treat an application as withdrawn under the statutory provisions where the employee: a) has notified the employer, orally or in writing, that the application is withdrawn; b) without reasonable cause, fails to attend a meeting or appeal meeting more than once; or c) without reasonable cause, refused to provide the employer with information the employer requires in order to assess whether a contract variation should be agreed to. 23 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ The Council will confirm the withdrawal of the application to the employee in writing unless the employee has already provided written notice of the withdrawal. H) EMPLOYEE CONSULTATION/PARTICIPATION 1) While some approaches to flexible working practices will involve changes to individual contracts of employment and be relatively easy to implement, the Council recognises that others such as flexitime or the imposition of annualised hours will have a greater impact on sections of the workforce as a whole. Before any such working pattern is implemented it is therefore committed to in-depth consultation with employees and their representatives, and recognises that gaining their agreement is likely to have a positive impact on the success of the scheme. The Council works on the basis that consultation gives all parties the opportunity to raise the issues that are of greatest importance to them and ensures that they are considered from all angles. 2) Consultation will usually take the form of an employee survey followed by focus groups and a pilot scheme of the new working pattern. The findings of any consultation will be communicated to the workforce, along with any proposed action resulting from the consultation. 3) Where conflicting requests for flexible working are received from employees, the Council may require a compromise to be found so that all requests may be accommodated albeit on different terms as those set out in each request. If no compromise is achievable, the Council may use a random selection method to determine the granting of individual requests. 4) In pursuance of point 3 above, employees should be aware that, if a request is granted, the Council reserves the right to revisit those arrangements should circumstances arise where competing requests mean it may need to seek compromise on a wider scale. I) TRAINING AND SUPPORT The Council recognises that both managers and employees may benefit from training to accustom themselves to working patterns with which they are unfamiliar. 24 Resources and General Services Committee 8 October 2014 _________________________________________________________________________________ Agenda item 16 Local Government Pension Scheme – Employer Policy Discretions The Town Council, as an employer, has been a member of the Essex Pension Fund since February 1997. Under the revised 2014 Local Government Pension Scheme regulations, each employing authority is required to publish and keep under review a policy statement on the exercise of certain of its discretions. This policy is required in case one of its employees or former employees asks for the Council to exercise one of the discretions. The Committee needs to consider the following: 1. Will the Council say YES to exercising the discretion, e.g. allowing a member to take flexible retirement; and if so 2. In what circumstances will it say YES? 2.1. What criteria will it use, if any (a reduction in hours or grade, if there is no financial cost, if the financial strain does not exceed £2,000)? 2.2. What process will it follow to make the decision? 3. Are there any exceptions whereby the discretion might be exercised despite the criteria not being met (where the cost of waiving actuarial reductions may be cheaper than making someone redundant)? 4. Cost – exercising discretionary powers may have cost implications. 5. Restricting discretions – when constructing the policy, the Council should ensure that it does not unnecessarily restrict the Employer’s discretionary powers. 6. Anti-discrimination laws – employers need to have regard, where appropriate, to the ‘Age Regulations’. The following draft policy is based on Essex County Council’s but the Town Council must consider its own response to the individual discretions. When agreed, a copy of the policy will be sent to the Essex Pension Fund. It is RECOMMENDED that in addition to the draft policy items, the following is included in the policy statement: a. Any other discretions which may apply under the LGPS will be dealt with by the Council on their merits on an individual basis; b. The Council reserves the right to amend any of the policies if in its opinion this would be appropriate given the special circumstances of an individual case. The Committee is asked to consider the following draft and CONFIRM the Town Council’s policy in this regard. 25 Local Government Pension Scheme – Employer Policy Discretions Discretion Whether, how much, and in what circumstances to contribute to a shared cost APC or AVC scheme. Regulation R16(2)(e) & R16(4)(d) R17(1) RTP15(1)(d) Draft Employer Policy The Town Council will not set up a shared cost APC or AVC scheme. The only circumstances under which the Town Council will contribute, as required, is where an employee chooses within 30 days following a period of authorised unpaid leave of absence, to purchase pension. An employer can choose if it wishes to contribute to the cost of Addition Pension Contributions or Additional Voluntary Contributions being bought by the member. This discretion is rarely, if ever, used by Fund employers. It is unclear why ECC felt the need to say “The only circumstances under which the County Council will contribute, as required, is where an employee chooses within 30 days following a period of authorised unpaid leave of absence, to purchase pension.” because their contribution in such cases is compulsory, not a discretion. Whether all or some benefits can be paid if an employee reduces their hours or grade (flexible retirement). R30(6) & TP11(2) The Town Council will consider employee requests to take flexible retirement on a case by case basis after taking into account business needs and costs that may apply. A member aged 55 or over who reduces their hours or grade can apply for Flexible Retirement but pension benefits can only be paid with the Employer’s consent. The Employer can set its own criteria in terms of the number or % hours (or no. of grades) must reduce by. In many cases the individual has an actuarial reduction to their benefits and there is no cost to the employer. However, there may be a Financial Strain cost payable by the employer if a member satisfies the “85 year rule” before age 60. Whether to waive, in whole or in part, R30(8) The Town Council will not waive actuarial reductions on a flexible retirement actuarial reduction on benefits paid on for both active, deferred members and suspended tier 3 ill health pensions. flexible retirement. If the Employer consents to Flexible Retirement then the member’s benefits are subject to an actuarial reduction if he has not reached his normal retirement age. The Employer can choose to waive, in whole or in part, those actuarial reductions so the member’s benefits are paid unreduced or with less reduction. If the Employer does waive the reductions then it will have to pay a Financial Strain payment to the Fund. If an employer does consider waiving reductions they should ask the Fund for an estimate of the Financial Strain before making a decision, unless its policy is to waive reductions in all cases which is unlikely. 26 Whether to waive, in whole or in part, actuarial reduction on benefits which a member voluntarily draws before normal pension age. The Town Council will not waive, in whole or part, the actuarial reduction on benefits where a member voluntarily elects to draw his or her benefits before normal pension age. If a member elects to receive his pension benefits before his normal retirement age then his benefits are subject to an actuarial reduction for early payment. The Employer can choose to waive, in whole or in part, those actuarial reductions so the member’s benefits are paid unreduced or with less reduction. If the Employer does waive the reductions then it will have to pay a Financial Strain payment to the Fund If an employer does consider waiving reductions they should ask the Fund for an estimate of the Financial Strain before making a decision, unless its policy is to waive reductions in all cases which is unlikely. Whether to “switch on” the 85 year rule for a member voluntarily drawing benefits on or after age 55 and before age 60. R30(8) TPSch 2, paras 1(2) and 2(2) The Town Council will not “switch on” the 85 year rule for a member voluntarily electing to draw benefits on or after age 55 but before age 60. The “85 year rule” only applied on or after age 60 so the transitional provisions carrying forward the “85 year rule” protections do not apply to voluntary retirement between age 55 and 60 (which is a new provision). A member voluntarily retiring before age 60 will suffer an actuarial reduction to his benefits, even if he satisfies the “85 year rule”. The Employer can choose to “switch on the 85 year rule” (i.e. waive any reductions) so the member’s benefits are paid unreduced or with less reduction. If the Employer does “switch on the 85 year rule” then it will have to pay a Financial Strain payment to the Fund. Whether to waive any actuarial reduction on pre and/or post April 2014 benefits. TP3(1), TPSch 2, paras 2(1) and 2(2), B30(5) and B30A(5) The Town Council will not waive actuarial reductions on pre and or post April 2014 benefits. This mainly covers pre 2014 benefits but also any gaps left by the two Reg 30(8) discretions above. The issues are, therefore, the same as for the two Reg 30(8) discretions above, e.g. The member’s benefits are subject to an actuarial reduction if he has not reached his normal retirement age. The Employer can choose to waive, in whole or in part, those actuarial reductions so the member’s benefits are paid unreduced or with less reduction. 27 If the Employer does waive the reductions then it will have to pay a Financial Strain payment to the Fund. If an employer does consider waiving reductions they should ask the Fund for an estimate of the Financial Strain before making a decision, unless its policy is to waive reductions in all cases which is unlikely. Whether to grant additional pension to an active member or within 6 months of ceasing to be an active member by reason of redundancy or business efficiency (by up to £6,500.00 p. a.). R31 The Town Council will not award additional pension to any member. This is a time-limited temporary discretion only lasting to 30/09/2014 and covers members who ceased between 01/10/13 and 31/03/2014 and ceased because of redundancy or business efficiency. This is, therefore unlikely, to apply to most fund employers but the requirement for a policy is still there. 28
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