Agenda and minutes

Apologies for absence were received from Simon Duckworth, Alderman Peter Estlin, Alderman & Sheriff Timothy Hailes, Caroline Haines, Deputy Clare James, Deputy Robert Merrett, Hugh Morris, Alderman William Russell, Deputy James Thomson, Sir Mark Boleat.

Ian Seaton declared a Non-pecuniary interest in with respect to RSM’s involvement with the Corporation (Item 22 - Report on Waivers over £50,000 December 2017- March 2018).

To agree the public minutes of the meeting held on 20 February 2018.

RESOLVED – That the public minutes of the meeting held on 20^th February be approved as an accurate record.

Report of the Town Clerk.

The Committee considered a report of the Town Clerk which set out outstanding actions from previous meetings of the Committee.

RESOLVED – That the Committee notes the report.

Report of the Town Clerk.

The Committee considered a report of the Town Clerk which advised Members of the key discussions which had taken place during recent meetings of the Committee’s Sub-Committees.

RESOLVED – That the Committee notes the report.

To note the draft minutes of the following Sub-Committee meetings:

The Committee noted the draft public minutes and verbal updates of the following Sub-Committee meetings:

-        Corporate Asset Sub-Committee held on 19^th March 2018;

-        Efficiency and Performance Sub-Committee held on 21^st March 2018; and

-        Information Technology Sub-Committee held on 26^th March 2018.

RESOLVED – That the public minutes and non-public summary of the Corporate Assets Sub-Committee meeting held on 19^th March be noted.

Report of the Chamberlain.

The Committee considered a report of the Chamberlain which provided updates regarding the top risks within the Departmental Risk Register.

Officers explained that the status for CR23 (City of London Police Funding) had been revised from amber to red. The previous status did not adequately recognise the risks associated with the Police’s long-term Budget.

The Commissioner reminded Members that he was clear about distinguishing between the current pressures on the COLP budget and the possibility that new operational challenges may arise in the future which require extra funding. The Chairman emphasised, that whilst a blank cheque would not be provided and value for money remain crucial, if, in the future, a recognised, legitimate need arose to mitigate a new operational challenge, funds would made available.

The Deputy Chairman informed Members that the status of CR16 (Information Security) was now anticipated to be reduced from red to amber by the end of April.

A Member informed the Committee that the Data Protection Act listed on page 93 (appendix section) displayed the incorrect year (1988) – UK Data Protection Acts were passed in 1984 and 1998.

The Member also sought clarity from officers on the financial impact of a data breach; this was listed as up to £500,000 in the appendix section. He reminded Members that under GDPR the upward limit of the fine was significantly higher. The Comptroller confirmed that the maximum fine is, in fact, 4% of global turnover. Officers agreed to review and revise the text to reflect this.

RESOLVED – That the Committee notes the report.

Report of the Chamberlain.

The Committee considered a report of the Chamberlain which provided Members with information regarding the current balance of the Finance Committee Contingency Funds.

After a recent case of an officer approaching the Chairman for his view on contingency funding for a project, the Chairman reminded Members and officers that the Finance Committee Contingency Fund was for the whole Corporation but excluded policy initiatives. Funding requests for these types of initiatives should be directed at the Policy & Resources Contingency Fund.

On the wider point, Members emphasised that if there were legitimate reasons presented by officer to access the Fund, Members should consider it, however, the Contingency Fund should not be “raided for every idea”, and if some of the fund remained unspent at the end of the financial year then so be it.

Members raised a query on the £60,000 GLA Roads dispute contingency fund (listed in the appendix), was in addition to the £80,000 originally allocated. Officers confirmed that it was an additional sum which would be required later in 2018, as the dispute was due to go to the Supreme Court.

A Member queried the cost of the new Guildhall Club Kitchen servery counter. The Chairman and officers confirmed that the cost amounted to £49,500.

RESOLVED – That the Committee notes the report.

Report of the Chamberlain.

Members considered a Report of the Chamberlain concerning the Departmental Business Plan 2018/19.

In response to a query officers confirmed that City Procurement did not include their forecasted savings in the Plan, the £128,000 listed is income.

RESOLVED – that the Committee approved the Chamberlain’s Department’s high level Business Plan for 2018/19.

Report of the Chamberlain.

Members received a Report of the Chamberlain concerning the eradication of procurement code breach waivers.

Members showed significant support for the new measures, including the Waiver Danger Campaign and the new sanctions.  Members wanted to ensure that this is imposed to maximum effect and wish the Establishment Committee paper to be edited to a “For Decision” paper and introduce that the 3 measures for sub-OjEU (Official Journal of the European Union) should be fast-forwarded for repeat offenders over the previous year. 

ACTION City Procurement to amend the Report and liaise with Town Clerk’s Department to ensure a note goes to Establishment Committee from Finance Committee reflecting this feedback.  One Member commended City Procurement on the journey of getting to this level of compliance and that this final step is important to be backed by Members and Officers alike.

RESOLVED – that the Committee noted the Report.

Report of the Chamberlain.

Members considered a Report of the Chamberlain concerning a quarterly update for the Financial Services Division.

Officers emphasised that the closure of the 2018/19 accounts presents an opportunity to be more radical in the approach taken, as the Corporation moves to having one external auditor for all funds. One benefit should be that the accounts will go out quicker to Members.  

A Member queried what action was taken in response to the amber rating for Business Rates collection. Officers responded that the target for collection was split on a quarterly basis, and the collection team was “ahead of where we were this time last year”. Officers added that the collection trend was previously part of the Chamberlains Department’s KPIs. This can be incorporated again for future iterations of this Report.

RESOLVED – that the Committee noted the Report  

Report of the Chamberlain.

Members considered a Report of the Chamberlain concerning procuring Major Works for the City of London between £1m and £15m.

The Chairman noted that there were parallels between the Strategic Framework proposed in the Report and the Central Government Commercial Framework. Officers emphasised that the Framework presented an opportunity to cut down on delays and bureaucracy.

In response to a query from a Member, officers responded that the Corporation would apply the framework to the City of London’s Freemen’s School despite the School being outside the Corporation’s local authority remit, this was by choice as “we apply the same model across the board”.

Members welcomed the initiative as potentially offering a new flexibility which would better match the needs of the organisation.

Officers confirmed that the term “professional services” applied to any third party involved with our projects.

RESOLVED – that the Committee approved the following:

·         Approve the strategy, implementation and procurement route for Major Works between £1m and £15m, which is to develop 4 strategic frameworks for works within an estimated total annual value range £130m to £245m. These will be procured as follows:

-       Framework 1 – £1m-£4.6m/ OJEU threshold (IPG, CPG, Open Space, Police, Markets and Barbican)

-       Framework 2 –£1m to £4.6m/OJEU threshold (Housing)

-       Framework 3 - £4.6m/OJEU to £15million (IPG, CPG, Open Space, Police, Markets and Barbican)

-       Framework 4 - £4.6m/OJEU to £15million (Housing)

·         Approve the evaluation criteria; the proposed evaluation criteria of 60% quality 40% price is in line with the Procurement Code. The proposed weighting towards quality reflects the priority and focus of getting the quality of the service element right.

·         Approve undertaking of soft market testing in May 2018 and look to procure a strategic solution in September 2018 with a potential award date in March 2019.

Report of the Chamberlain.

Members considered a Report of the Chamberlain concerning the Fair Funding Review.

Members noted that the Corporation was an outlier and at a disadvantage under the current formula. This was compounded by the relative weakness of the Corporation’s lobbying strength compared to some of the larger County Councils across the Country. A Member commended the Report as simple and straightforward and encouraged officers to keep the Committee updated on this issue.

RESOLVED – that the Committee noted the Report.

Report of the Town Clerk.

The Committee considered a report of the Town Clerk which provided information of the action taken by the Town Clerk since the last meeting of the Committee, in consultation with the Chairman and Deputy Chairman, in accordance with Standing Orders 41(a) and 41(b). The decisions related to Bridge House Estates Strategic Review Fund Bids and Culture Mile Funding.

RESOLVED – That the Committee notes the report.

Questions were raised as follows -

In February, the Chairman of Finance had queried whether it was necessary for the Chairman and Deputy Chairman to see every item with regards to the Bridge House Estate Strategic Review funding and requested that officers give some thought to a more proportionate solution.

Officers recommended that individual items over £100k required the Chairman’s and the Deputy Chairman’s approval or where cumulatively the funding needed over a quarter exceeded £300k, but otherwise officers had delegation. Officers also proposed that a quarterly summary of spend is provided. Members agreed with this proposal.

There were no urgent items.

MOTION - That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Local Government Act.

RESOLVED - That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Local Government Act.

Report of the Town Clerk.

The Committee noted a report of the Town Clerk which set out outstanding actions from previous non-public minutes of the Committee.

Report of the Town Clerk.

The Committee noted a report of the Town Clerk which advised Members of the key discussions which had taken place during non-public session at recent meetings of the Committee’s Sub-Committees.

To note the draft non-public minutes of the following Sub-Committee meetings:

The Committee noted the draft non-public minutes of the following Sub-Committee meetings:

-        Corporate Asset Sub-Committee held on 19^th March

The draft non-public minutes of the Corporate Asset Sub-Committee meeting held on 19 March 2018 were noted.

Report of the Chamberlain.

Members considered a report of the Chamberlain.

Report of the Chamberlain.

Members considered a joint Report of the Chamberlain and the Headmaster of the Freemen’s School.

Report of the Director of the Museum of London.

The Committee considered a Report of the Director of the Museum of London.

Report of the Chamberlain.

The Committee considered a Report of the Chamberlain.

Report of the Commissioner of the City of London Police.

N.B. This Report was taken (as a non-public item) after Item 6a.

The Committee considered a Report of the Commissioner of Police.

Report of the Town Clerk.

The Committee noted a report of the Town Clerk detailing four non-public decisions taken under delegated authority procedures since the last meeting.

There were no non-public questions relating to the work of the Committee.

There was one item of urgent business.