Terms Of Reference And Operating Arrangements

REVIEW OF PUBLIC ADMINISTRATION

LOCAL GOVERNMENT REFORM JOINT FORUM

TERMS OF REFERENCE AND OPERATING ARRANGEMENTS

1.0 CONTEXT

1.1 As part of the overall Review of Public Administration in Northern Ireland it was agreed by the NI Executive and NIC ICTU that formal joint mechanisms would be required at central and sectoral level to address all relevant RPA implementation issues affecting the interests of employees. In this regard the RPA Central Joint Forum was established as the mechanism whereby the principles for RPA implementation, which would ensure the fair and consistent treatment of staff across the public sector, would be agreed. Similar sectoral-specific bodies were also established in Health, Education and for the new NI Libraries Authority.

1.2 In local government the Strategic Leadership Board (SLB) agreed at its meeting on 22 May 2009 to establish a new Local Government Reform Joint Forum (the Joint Forum) to facilitate consultation and negotiation between Employer and Employee representatives on a range of Human Resources (HR) related issues that are cross sectoral in nature and that it should be serviced by the Local Government Staff Commission. This decision was subsequently endorsed by the Minister and he confirmed that the Joint Forum would report to the Regional Transition Co-Ordinating Group (RTCG) and ultimately to SLB.

1.3 The Local Government Staff Commission has a Statutory responsibility under Section 40 (4) (f) of the Local Government Act (Northern Ireland) 1972, as amended by the Housing Orders (NI) 1976 and 1981 and the Local Government (Miscellaneous Provisions) (NI) Order 1992 as follows:

(f) Promoting or assisting the establishment of, or establishing, procedures for the negotiation between councils, the NI Housing Executive and officers of councils or the Executive or associations representing any of them, of standard rates of remuneration, or other terms and conditions of employment, for officers of councils or the Executive and recommending the adoption by councils and the Executive of rates, terms and conditions so negotiated.

This document details the Terms of Reference and Operating Arrangements for the Joint Forum.

2.0 SCOPE & REMIT

2.1 Scope

The scope of the Joint Forum will extend to all staff employed in local government i.e:

· 26 district councils (including Environmental Health and Building Control Group Committees)

· arc21 and SWaMP 2008

· any staff employed by Transition Committees;

and all identified staff employed in the transferring functions who will transfer to the new councils and other local government structures, when established on 16 May 2011. A list of the transferring functions is provided at Annex 1 (as at July 2009).

2.2 Remit

The primary purpose of the Joint Forum is:

To facilitate consultation and negotiation between Employer and Employee representatives on a range of Human Resource (HR) related issues that are cross sectoral in nature in the context of the TUPE Regulations, employers’ statutory obligations, and the NI Executive Principles as recommended by the Public Service Commission.

2.3 The Joint Forum will not encroach on the current responsibilities of the existing collective negotiating machinery in local government, NICS or the wider public sector but the respective Side Members will maintain links between the various bodies and seek the views of their constituents and be appropriately mandated to progress the detailed business of the Joint Forum.

2.4 It is anticipated that the Joint Forum will stand down as soon as possible after 15 May 2011 to be replaced by an agreed mechanism for consultation and negotiation with Trades Unions in the new structures. The Joint Forum may be subject to extension pending review.

3.0 FUNCTIONS

The functions of the Joint Forum will include:

Ø The need to adhere with Section 75 obligations and ensure that all efforts are taken to promote equality of opportunity in filling new posts resulting from the RPA process in line with the Eighth NI Executive Guiding Principle as recommended by the Public Service Commission

Ø Agreeing the principles and arrangements for the transfer of staff which will ensure fair and consistent treatment of all staff affected by the reorganisation of local government and the transfer of functions

Ø Exercising oversight of the application of, and applying, the NI Executive Principles as recommended by the Public Service Commission.

Ø Consulting and negotiating on HR policies and implementation decisions with a view to reaching agreement

Ø Making recommendations to the Regional Transition Co-ordinating Group (RTCG) on any HR policies and implementation decisions agreed by the Joint Forum

Ø Making recommendations to the RTCG for local consultation and negotiation arrangements for Transition Committees

Ø Developing terms of reference and making recommendations to the RTCG for consultation and negotiating machinery for local government post 16 May 2011

Ø Ensuring a comprehensive and progressive approach to the promotion and implementation of equality of opportunity and the elimination of discrimination on the grounds of religious belief, political opinion, racial group, age, marital status, sexual orientation, gender, disability and persons with dependants and persons without

Ø Actively promoting and encouraging the implementation of programmes relating to the training and development of employees

Ø Agreeing the mechanisms for communicating the decisions of the Joint Forum.

4.0 MEMBERSHIP

The Local Government Joint Forum will comprise 14 Members with the appropriate expertise and mandate as follows:

Trade Union Side		Employeers' Side
Up to 7 Trade Union representatives representing the employees:
NIPSA	4 Seats	NIJC/JNC	4 Seats
UNITE	2 Seats	NICS/DSD Representatives	2 Seats
GMB	1 Seat	NIHE Representative	1 Seat

Total = 14 Seats

‘Lead’ Persons

Each Side shall appoint a Lead Person from amongst their respective Joint Forum Members to facilitate the orderly and efficient processing of business during and between meetings.

Substitutes

Any Member may be represented at meetings of the Joint Forum by a substitute with full powers provided a substitute has been properly appointed and notified to the Independent Secretariat.

Task Groups and Sub Groups

The Joint Forum may establish short-life task groups or sub groups as required. Such groups will report to the Joint Forum. Reports will be in writing and will be circulated not less that 5 working days in advance of meetings.

5.0 OPERATING ARRANGEMENTS

5.1 Independent Facilitator

The Joint Forum shall appoint an Independent Facilitator to oversee the work of the Joint Forum and to chair all meetings. The Facilitator will not have a vote.

The duties and responsibilities of the Facilitator will be:

Ø To provide leadership to enable the Joint Forum to act effectively in carrying out its duties and responsibilities.

Ø To foster and maintain a disciplined approach by Joint Forum Members having regard to high standards of procedure, behaviour and ethics.

Ø To ensure effective and proper conduct of business, including making appropriate use of the Secretariat.

Ø Ensure, in consultation with the Secretariat that all items requiring the Joint Forum’s consideration are appropriately tabled.

5.2 Secretariat

Independent Secretariat

The Local Government Staff Commission for NI will provide the Independent Secretariat to the joint body.

The Independent Secretariat will:

Ø Prepare and circulate the Agendas and any papers for the joint meetings. Papers will normally be circulated not less that 5 working days in advance of meetings except in the case of urgent business where papers will be circulated as soon as possible in advance of the meeting.

Ø Prepare the draft Minutes of the joint meetings which will be sent to the Lead Person of each Side for clearance and then formally approved at the next joint meeting.

Ø Prepare background and policy papers and undertake any research or benchmarking as directed by the Independent Facilitator or at the request of the Joint Forum.

Ø Issue Joint Communication Notes from the Joint Forum, after clearance by the Lead Person from each Side, as soon as possible after each meeting outlining progress.

Ø Act as the liaison with the Public Service Commission regarding the work of the Joint Forum.

Sides’ Secretariat Arrangements

The Sides will be responsible for their own Secretariat Arrangements.

5.3 Meeting Arrangements

Schedule of Meetings

A Schedule of Meetings will be agreed at the Joint meeting.

Meetings will normally be held every two weeks or at less frequent intervals if jointly agreed and the date, time and place of meetings will be agreed in advance.

Quorum

The quorum for a meeting to proceed will be four members from each Side (i.e. a half plus one).

Side Meetings

Both the Employers Side and Trade Unions Side representative shall be afforded the opportunity to hold separate meetings immediately prior to the commencement of the main meeting of the Joint Forum. The Independent Secretariat will ensure that facilities for such meetings are provided.

5.4 Decisions

All decisions of the Joint Forum will be issued to the RTCG to ensure that the appropriate dissemination and monitoring mechanisms are employed to ensure that decisions and agreements are applied in a consistent manner across local government and the transferring functions.

5.5 Expenses

Except where otherwise agreed by the Joint Forum, each Side shall be responsible for their own expenses.

6.0 JOINT COMMUNICATIONS

The Independent Secretariat will prepare a Joint Communication Note at the end of every meeting to be cleared by the Lead Persons for wide issue within the sector and across the transferring functions.

7.0 REVIEW OF TERMS OF REFERENCE AND OPERATING ARRANGEMENTS

The Terms of Reference and Operating Arrangements will be agreed at the initial meeting of the Joint Forum and then any proposed amendment must be notified to the Independent Secretariat, for circulation, not less than 5 working days in advance of the meeting.

Annex 1

The table below illustrates the current position in relation to the proposed transferring functions. (Based on the Transfer of Functions Working Group paper of 26 March 2009.)

It should be noted that these transferring functions are currently subject to review and are awaiting Ministerial decisions. Other functions are subject to NI Executive Sub-Committee review.

As at July 2009

DEPARTMENT	FUNCTION
DoE	Planning Built Heritage
DCAL	Leisure & Recreation Sites Armagh County Museum NI Museum Council Local Arts Local Sports
DRD	Local Roads Public Realm Functions Donaghadee Harbour
DSD	Urban Regeneration/Comm. Development Housing Related Functions
DETI	Local Economic Development Local Tourism
OFMDFM	Civil Contingencies Community Relations