Report of the Head of Legal, HR and Democratic Services seeking approval for changes to the governance of the Chipperfield Trust, attached.
Minutes:
The report of the Head of Legal, HR and Democratic Services was submitted seeking approval for changes to the governance of the Chipperfield Trust (copy of report circulated with the agenda and appended to signed minutes).
Amendment moved by Councillor Vinson and seconded by Councillor Payne:
In recommendation (i)
(i) Delete all after 'consisting of' and add: '7 independent members with expertise in the visual arts relevant to the Chipperfield Bequest in particular, together with the National Advisor and a representative of the Museums Association ex officio and appropriate officers in attendance, with a quorum of 5, and subject to the terms of reference set out in Appendix 2 together with any other matters that the Committee may deem relevant to the objectives of the Chipperfield Bequest and the wellbeing of the collection and Gallery, and the Conflict of Interest Policy set out at Appendix 3 of this report.’
In recommendation (ii)
(ii) After 'recruit' delete “5”, insert ‘7’;
In recommendation (iii)
(iii) After 'Senior Manager of Leisure' insert‘in consultation with the Arts and Heritage Manager and Gallery Curator,'.
Amended recommendations to read:
(i) That Council establish a Chipperfield Trust Advisory Committee pursuant to s102(4) of the Local Government Act 1972, consisting of 7 independent members with expertise in the visual arts relevant to the Chipperfield Bequest in particular, together with the National Advisor and a representative of the Museums Association ex officio and appropriate officers in attendance, with a quorum of 5, and subject to the terms of reference set out in Appendix 2 together with any other matters that the Committee may deem relevant to the objectives of the Chipperfield Bequest and the wellbeing of the collection and Gallery, and the Conflict of Interest Policy set out at Appendix 3 of this report;
(ii) That Council delegate authority to the Director of Corporate services to undertake a recruitment process to recruit 7 independent members of the Chipperfield Trust Advisory Committee as set out in this report, with appointment following consultation with the Mayor and Group Leaders; and
(iii) That Council delegate authority to the Senior Manager of Leisure, in consultation with the Arts and Heritage Manager and the Gallery Curator, to undertake day to day business of the Trust, including applying for and receiving any external grant funding on behalf of the Trust, and dealing with general management and administrative matters insofar as such matters fall outside their remit of the Advisory Committee.
Subsequent further amendment moved by Councillor Payne and seconded by Councillor Lloyd:
In recommendation (i) in line 3 after “independent Members” insert “with a quorum of 5.”
In line 6 delete “ex-officio”
In line 7 after “attendance” insert “including, as necessary, the Senior Manager (Leisure and Culture) and the gallery curator, and delete “with a quorum of 5”.
In line 12 after “Gallery” insert “including compliance at all times with the Chipperfield Scheme and the protocols of the Museums Association, particularly in the event of consideration of the sale or disposal of works of art for which the direct advice of the Museums Association must be sought, as well as”
Add new recommendation (ii) as set out below
In recommendation (iii) insert at end “and that such process involves a written application and interview, preceded where thought advisable by an initial invitation to apply”
Add additional recommendations (iv) – (ix) as set out below
Amended recommendations to read:
(i) That Council establish a Chipperfield Trust Advisory Committee pursuant to s102(4) of the Local Government Act 1972, consisting of 7 independent members with a quorum of 5, with expertise in the visual arts relevant to the Chipperfield Bequest in particular, together with the National Advisor and a representative of the Museums Association and appropriate officers in attendance including, as necessary, the Senior Manager (Leisure and Culture) and the gallery Curator, and subject to the terms of reference set out in Appendix 2 together with any other matters that the Committee may deem relevant to the objectives of the Chipperfield Bequest and the wellbeing of the collection and Gallery including compliance at all times with the Chipperfield Scheme and the protocols of the Museums Association, particularly in the event of consideration of the sale or disposal of works of art for which the direct advice of the Museums Association must be sought, as well as the Conflict of Interest Policy set out at Appendix 3 of this report;
(ii) That the independent members referred to at paragraph (i) above be drawn from arts, educational and community groups and identified through appropriate publicity on the Council’s website and on the advice of the Curator and other knowledgeable local opinion familiar with the Gallery. Only these seven independent members will have voting rights;
(iii) That Council delegate authority to the Director of Corporate services to undertake a recruitment process to recruit 7 independent members of the Chipperfield Trust Advisory Committee as set out in this report, with appointment following consultation with the Mayor and Group Leaders and that such process involves a written application and interview, preceded where thought advisable by an initial invitation to apply;
(iv) That meetings of the Advisory Committee will be advised through public protocols and written, verbal or personal means by the Museums Association in addition to the National Advisor, the Council’s Arts and Heritage Manager and Gallery Curator as necessary, and that the Committee may avail itself of administrative assistance and minute taking provided by the Council’s officers and be free to seek advice from any appropriate individuals at its discretion;
(v) That in light of the formal process undertaken to recruit independent members to the Committee, any appointment will be for that person or their nominated representative;
(vi) That Council delegate authority to the Senior Manager of Leisure, in consultation with the Arts and Heritage Manager and the Gallery Curator, to undertake day to day business of the Trust, including applying for and receiving any external grant funding on behalf of the Trust, and dealing with general management and administrative matters insofar as such matters fall outside the remit of the Advisory Committee;
(vii) That the Advisory Committee’s Terms of Reference as set out at Appendix 2 to this report are to no longer include the determination as to whether any potential acquisition should be acquired by the Trust or the Council, but are to include familiarisation with the accounts of the Trust and the seeking of expert advice as necessary in order for the Committee to recommend the best investment strategies for the Trust’s funds;
(viii) That the Advisory Committee may consider additions to its Terms of Reference as it considers appropriate and/or in response to suggestions made by the Council as Trustee; and that any resulting recommendations cannot be implemented without approval by Council as Trustees;
(ix) Should Council (acting as Trustee) decide not to follow a
recommendation of the Advisory Committee, the decision taken would need to be reasonable and justified in all the circumstances, including compliance with the Chipperfield Rules and the protocols of the Museums Association. Should the basis for the decision not be substantiated in this way, the decision would be susceptible to Judicial review and/or referral to the Charity Commission.
UPON BEING PUT TO THE VOTE THE AMENDMENT IN THE NAME OF COUNCILLOR VINSON WAS DECLARED CARRIED
UPON BEING PUT TO THE VOTE THE AMENDMENT IN THE NAME OF COUNCILOR PAYNE WAS DECLARED CARRIED
RESOLVED that the recommendations as amended by Councillors Vinson and Payne be approved.
Supporting documents: