Policy And Resources Committee - 11/09/2017

At a MEETING of the POLICY AND RESOURCES COMMITTEE held at Dundee on 11th September, 2017.

Present:-

BAILIES

COUNCILLORS

Councillor John ALEXANDER, Convener, in the Chair.

The minute of meeting of this Committee of 21st August, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillors Lynn and Smith and Bailie Wright declared a non-financial interest in Article III by virtue of being the Council's representatives on the Dundee City Health and Social Care Integration Joint Board.

Councillors Ross, Scott and Richardson, Bailie Roberts and Depute Lord Provost Campbell declared a non‑financial interest in Article IV by virtue of being the Council's representatives on the Tayside Contracts Joint Committee.

Councillors Hunter, Dawson, McCready and Gordon declared a non-financial interest in Article V by virtue of being the Council's representatives on Leisure & Culture Dundee.

Councillors Short and Rendall and Bailie Wright declared a non-financial interest in Article IX by virtue of being the Council's representatives on Dovetail Enterprises.

II MINUTES

(a) PERSONNEL APPEALS SUB-COMMITTEE - 22ND AUGUST, 2017

(b) PERSONNEL APPEALS SUB-COMMITTEE - 23RD AUGUST, 2017

The minutes of meetings of the above Sub-Committees, copies of which are appended hereto, were submitted for information and record purposes (Appendices I and II).

III TERM OF OFFICE - DUNDEE CITY HEALTH AND SOCIAL CARE INTEGRATION JOINT BOARD - CHAIRPERSON AND VICE-CHAIRPERSON

There was submitted Agenda Note AN73-2017 advising that the terms of office of Chairperson and Vice‑Chairperson of the Dundee City Health and Social Care Integration Joint Board would shortly come to an end. Councillor Lynn was the current Chairperson and Doug Cross was the current Vice‑Chairperson. It was reported that the terms of office for the position of Chairperson and Vice‑Chairperson was a matter for the constituent parties at Dundee City Council and NHS Tayside to agree. The Council agreed that the term of office for the Chairperson and Vice-Chairperson respectively be for a period of two years and that this be effective from 25th October, 2016.

IV TAYSIDE CONTRACTS

There was submitted Report No 304-2017 by the Chief Executive proposing amendments to the Minute of Agreement between Angus Council, Dundee City Council and Perth and Kinross Council regarding Tayside Contracts.

The Committee agreed the amendments to the Minute of Agreement, as detailed in paragraph 4.3 of the report, and delegated authority to officers to negotiate and agree other minor amendments as appropriate.

V LEISURE & CULTURE DUNDEE - AMENDMENTS TO CONSTITUTION

There was submitted Report No 218-2017 by the Director, Leisure & Culture seeking approval for amendments to the Constitution of Leisure & Culture Dundee.

The Convener, seconded by Councillor Hunter, moved that the Committee and members of the Leisure & Culture Dundee:-

(i) agree the proposed changes as detailed in the report; and

(ii) agree to introduce six monthly briefing sessions to which all elected members would be invited and at which issues relating to services provided by Leisure & Culture Dundee could be discussed.

As an amendment, Bailie Keenan, seconded by Councillor Marra, moved to delete paragraph 4.7.1 of the report and replace with a new paragraph:-

4.7.1, In order to maintain a majority of independent trustees, the maximum number of charity trustees be raised to 15 with the number appointed by Dundee City Council remaining as it is; four elected members, along with the Managing Director of Leisure & Culture Dundee and Dundee City Council's Executive Director of Corporate Services or equivalent. The number of Independent Charity Trustees who are neither elected members nor officers of the Council will be nine.

On a division, there voted for the motion - the Convener, Councillors Cordell, Dawson, Hunter, Lynn, Murray, Rendall, Ross, Short, Smith, Scott, Duncan, Bailies Roberts, Sawers, Scott, Macpherson and Depute Lord Provost Campbell (17); and for the amendment - Councillors Cruickshank, Gordon, McCready, Malone, Marra, Richardson, Bailies Keenan and Wright (8) - Lord Provost Borthwick declining to vote - whereupon the motion was declared carried.

VI REVENUE MONITORING 2017/2018

There was submitted Report No 275-2017 by the Executive Director of Corporate Services providing elected members with an analysis of the 2017/2018 projected revenue outturn as at 31st July, 2017 monitored against the adjusted 2017/2018 Revenue Budget.

The Committee agreed that the Executive Director of Corporate Services should be asked to provide monthly revenue monitoring and capital monitoring reports.

The Convener, seconded by Bailie Sawers, then moved that the Committee:-

(i) note that the overall General Fund 2017/2018 projected revenue outturn as at 31st July, 2017 is an overspend of 4,182,000 against the adjusted 2017/2018 Revenue Budget;

(ii) note that the Housing Revenue Account as at 31st July, 2017 is projecting a breakeven position against the adjusted HRA 2017/2018 Revenue Budget;

(iii) agree that the Council Management Team will take every reasonable action to ensure that the 2017/2018 revenue expenditure is below or in line with the adjusted Revenue Budget;

(iv) instruct the Executive Director of Corporate Services, in conjunction with the Council Management Team, to continue to monitor the Council's 2017/2018 projected revenue outturn.

As an amendment, Bailie Keenan, seconded by Councillor Marra, moved that the Committee should agree to delete Recommendation (iii) and insert instead:-

Agree that the Executive Director of Corporate Services should be asked to report to the Committee on 30th October, 2017 setting out proposals to bring the 2017/2018 revenue expenditure below or in line with the adjusted 2017/2018 Revenue Budget for consideration by the Committee, provided always that the proposals must not change either the 2017/2018 Council Tax per band as agreed at the Special Meeting of the Policy and Resources Committee on 23rd February, 2017 or residents' Council Tax bills.

On a division, there voted for the motion - the Convener, Councillors Cordell, Dawson, Hunter, Lynn, Murray, Rendall, Ross, Short, Smith, Duncan, Bailies Roberts, Sawers, Macpherson, Depute Lord Provost Campbell and Lord Provost Borthwick (16); and for the amendment - Councillors Cruickshank, Gordon, McCready, Malone, Marra, Richardson, Scott, Bailies Keenan, Wright and Scott (10) - whereupon the motion was declared carried.

VII IT CAPITAL EXPENDITURE

There was submitted Report No 299-2017 by the Executive Director of Corporate Services notifying Committee of the capital expenditure for IT equipment purchased under compliant frameworks such as the Crown Commercial Service procurement scheme and Procurement Scotland framework agreements.

The Committee noted the IT capital purchases amounting to 912,413 covering the period 1st April, 2016 to 31st March, 2017 as detailed in the appendix to the report.

VIII MARKETS IN FINANCIAL INSTRUMENTS DIRECTIVE (MiFID II)

There was submitted Report No 296-2017 by the Executive Director of Corporate Services providing information on the rules for implementation of the Markets in Financial Instruments Directive (MiFID II) effective from 3rd January, 2018.

The Committee noted the content of the report and the intention for Dundee City Council officers to apply to "opt-up", thus electing to be treated as "professional" (rather than retail) clients.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 6 and 9 of Part I of Schedule 7A of the Act.

IX DOVETAIL ENTERPRISES LTD

There was submitted Report No 297-2017 by the Executive Director of Corporate Services.

The Committee approved the recommendations detailed in the report.

John ALEXANDER, Convener.

At a MEETING of the PERSONNEL APPEALS SUB-COMMITTEE held at Dundee on 22nd August, 2017.

APPENDIX I

Present:-

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 26th June, 2017 was held as read.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

There were no declarations of interest.

II APPEAL AGAINST DISMISSAL

It was reported that an appeal against dismissal from an employee of the Health and Social Care Partnership had been submitted.

The Sub-Committee heard the Councils representative and witnesses and, thereafter, the Appellant and her representative.

After questions had been put and answers given by both parties to each other and the witnesses and by members of the Sub-Committee, the parties withdrew.

Thereafter, following careful consideration of all the information, the Sub-Committee agreed that the grounds of the appeal had not been substantiated and that the appeal be not upheld.

Stewart HUNTER, Convener.

At a MEETING of the PERSONNEL APPEALS SUB-COMMITTEE held at Dundee on 23rd August, 2017.

APPENDIX II

Present:-

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 26th June, 2017 was held as read.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

There were no declarations of interest.

II APPEAL AGAINST DISMISSAL

It was reported that an appeal against dismissal from an employee of the Health and Social Care Partnership had been submitted.

The Sub-Committee heard the Councils representative and witnesses and, thereafter, the Appellant and his representative.

After questions had been put and answers given by both parties to each other and the witnesses and by members of the Sub-Committee, the parties withdrew.

Thereafter, following careful consideration of all the information, the Sub-Committee agreed that the grounds of the appeal had not been substantiated and that the appeal be not upheld.

Councillor Malone intimated his dissent from the foregoing decision.

Stewart HUNTER, Convener.