EQUALITY AND FAIRNESS COMMISSION Terms of Reference 1. Aims 1.1 The aims of the Equality and Fairness Commission (EFC) will be to: Take a strategic approach on equality and diversity issues that impact on the lives of Nottingham citizens Influence decision making of One Nottingham and its partner organisations to improve the lives of citizens who experience discrimination, disadvantage or deprivation Provide constructive feedback to partners on their policies and practices that leads to positive outcomes for people with protected characteristics. 2. Objectives 2.1 To develop a work programme aligned to the Nottingham Plan, Growth Plan and City Deal. 2.2 To make recommendations to improve the performance of the partnership and its partners. 2.3 To provide constructive feedback to the work of One Nottingham and its theme partnerships in relation to equality, diversity and cohesion. 2.4 Request relevant information in line with its work programme from One Nottingham and/or its partner organisations. 2.5 Ensure that the key priorities within the Nottingham Plan are being delivered in a way which takes full account of the needs of those living and working in Nottingham, particularly in respect of protected characteristics and geographic disadvantage. 2.6 Identify opportunities for joint working across partner organisations on areas such as (but not exclusively) research, consultation and Equality Impact Assessments (EIA) 2.7 To review its work on an annual basis to assess its effectiveness in delivering its work programme and for colleagues to report back to relevant representative organisations. 1 3. How it will work 3.1 The Chair and vice chair of the EFC will be drawn from the membership of the group and serve for up to two years. 3.2 Elections will take place every two years and will follow the election protocol developed by the former Community Equality Forum, attached as Appendix B. 3.3 The EFC will agree a work programme which is aligned with the Nottingham Plan. The work programme will provide the strategic framework for the work of the EFC but may be amended from time to time to reflect changing priorities. 3.4 The EFC will provide constructive feedback to partners in order that they can consider any changes to policy and/or practice. There will be an expectation that partners will report progress back to the EFC on how they have taken account of the EFC’s input. 3.5 The EFC will work with partner organisations through the ON Board and on occasions may approach themed partnership officers direct rather than through ON. 3.6 The appropriate colleague and or portfolio holder from the partner leading on areas of the work programme will be requested to attend the EFC. The EFC will make every effort to ensure that colleagues are briefed about why they are attending and the areas of questioning they might expect. Colleagues will be treated with dignity and respect when they attend and the same is expected of colleagues attending the meeting. 3.7 The EFC will use appropriate advocates to refer areas needing more detailed consideration to appropriate groups or networks which have an interest in promoting specific areas of the protected characteristics, as defined by the Equality Act 2010. 3.8 The Commission will meet bi-monthly and will be administratively supported by Nottingham City Council. 4. Membership 4.1 Membership of the Equality and Fairness Commission will consist of, but not exclusively: Advocates for the protected characteristics as defined by the Equality Act 2010 (disability, gender, race, etc.) An academic A business representative A One Nottingham Board Member 2 The lead Portfolio Holder at the City Council for Equality and Diversity The Head of Equality and Community Relations – non voting member The Director of One Nottingham - non voting member Overview & Scrutiny (as advisor) 4.2 The membership of the Equality and Fairness Commission will be approved by the One Nottingham Board. 4.3 Membership will be reviewed periodically by the EFC to ensure balanced representation from the One Nottingham Partnership and the relevant protected characteristics, as defined by the Equality Act 2010. 4.4 Advocates will be nominated and selected to represent the protected characteristics, as defined by the Equality Act 2010. The advocates will have responsibility for the following areas, recognising that there will be some overlap in work: Disability Gender (to include marital status, Pregnancy & Maternity) Sexual Orientation Age (Older People) Age (Young People) Race (to include Refugees and Asylum Seekers) Religion or Belief Gender Reassignment 5. Roles and responsibilities of the members 5.1 Act as the link between the work of the EFC, priorities set by One Nottingham and groups or networks which have an interest in promoting specific areas of the protected characteristics, as defined by the Equality Act 2010. 5.2 Take responsibility for promoting effective communication between the EFC and groups or networks which have an interest in promoting specific areas of the protected characteristics, as defined by the Equality Act 2010. 5.3 Influence the thinking of decision makers within the partnership and partner organisations and be a critical but constructive ‘friend’. 5.4 Attend regular meetings (at least 75%) and contribute towards making Nottingham a fairer city. 3 5.5 Members representing the protected characteristics, as defined by the Equality Act 2010, will be adding value by bringing the expertise and views of relevant groups or networks to a strategic theme partnership of One Nottingham set up specifically to achieve fairness across the city. 6. Appendices 6.1 Appendix A – Detailed Roles and Responsibilities and Person Specification for the EFC Advocate role. 6.2 Appendix B – Protocol for nominations and elections Contact details Equality and Community Relations Team Nottingham City Council Loxley House Station Street NG2 3GN Tel: 0115 876 2747 Email: equalityanddiversity@nottinghamcity.gov.uk 4 APPENDIX A Roles and responsibilities for Equality & Fairness Commission Members As a member of the Equality and Fairness Commission (EFC) you will be making a commitment to act as a link between the work of the EFC and groups or networks which represent the protected characteristics defined in the Equality Act 2010 (hereon referred to as ‘your network’). To attend regular meetings and contribute towards making Nottingham a fairer city. Your Role Being a voice, independent, objective and pragmatic Taking the views from your network to the Equality and Fairness Commission Acting as a voice for your network, not just the organisation you work for or are a member of Reporting back to your network and publicising the work of the EFC Influencing decisions Influencing the thinking of decision makers among the partnership and its partners Being a critical but constructive ‘friend’ to the work of partnership and its partners Your responsibilities Making a positive contribution to the EFC Attending meetings on a regular basis (at least 75%) Contributing by doing some work away from the meetings when required. Taking a shared responsibility for the findings and work of the commission Being accountable to your network Person Specification for Equality and Fairness Commission Members Purpose To communicate and represent the views and interests of your network on the EFC. You must be able to abide by the Nolan Seven Principles of Public Life during all of your time serving on the EFC (listed at the end of this appendix). Time commitment Preparation and attendance at meetings will require approximately 1 day every two months. Most meetings will take place during office hours (9am – 5pm) 5 This is a voluntary opportunity and reasonable expenses will be reimbursed. Personal Attributes An ability to think independently, objectively and pragmatically A member of a group or network that represents one of the protected characteristics as defined in the Equality Act 2010 An interest in making Nottingham a fairer city Able to develop effective relationships with relevant groups and networks and act as the link with the EFC A commitment to promoting equality of opportunity for all of Nottingham’s people Experience of attending and participating in multi-sector meetings The ability to challenge and question in an objective and non confrontational manner Time and support to take on the role, including the support of your employer Willingness to identify and undergo training for self development The ability to absorb information and identify the key issues A good range of communications skills including listening. THE SEVEN PRINCIPLES OF PUBLIC LIFE SELFLESSNESS Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends. INTEGRITY Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties. OBJECTIVITY In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit. ACCOUNTABILITY Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. OPENNESS Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands. HONESTY 6 Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest. 3.7 LEADERSHIP Holders of public office should promote and support these principles by leadership and example. 7 APPENDIX B - Protocol for nominations and elections 1. Nomination and Elections for Chair and Vice Chair 2. The Chair and Vice Chair(s) shall be elected to serve a period of 2 years when they may stand for re-election, but no person may serve in the same office for more than two consecutive full 2-year periods, but any time served prior to the start of the first period filling a casual vacancy shall not count towards this maximum. 3. The Chair shall notify the Equality and Community Relations Team when an election is due, however, it is the responsibility of the EFC and Equality and Community Relations Team to be mindful of the triggers for an election and ensure compliance with the procedure. Therefore, any EFC Member may alert the Chair and/or Equality and Community Relations Team should they feel one of the following triggers has occurred: a) b) c) d) Nomination papers have not been despatched and the 2-year period of office will elapse before the completion of a full election process. The 2-year period of office has elapsed. The successful challenge of an election’s invalidity. The Chair or Vice Chair(s) has vacated office 4. In the event of the vacation of office by the Chair or vice Chair, an election shall be triggered allowing 2 months for nominations and 2 months’ notice of the meeting at which the election shall take place by secret ballot. In the event of the Chair vacating office, the Vice Chair shall act as Chair until the election of a replacement. All replacements shall serve only the remainder of the term of the vacated office or until a new Chair is elected. 5. The Equality and Community Relations Team will call for nominations for the position of Chair and Vice Chair 2 months prior to the meeting at which the election will take place. Members may nominate another member or themselves for the position of Chair or Vice Chair but no nomination shall proceed without written consent from the nominee. It is the responsibility of the nominee to submit their nomination including the name(s) of any nominators. Members may submit nominations in Accessible Formats. The Equality and Community Relations Team shall circulate a report including all valid nominations, 1 month before the meeting at which an election will take place. This report will not include any nominations received after the closing date. 6. Before any vote takes place the Chair shall call for 2 volunteers from the non voting persons present to act as Returning Officers. Any employees of the City Council are entitled to act in this capacity. No Returning Officer may assist a voting member in any way. 8 7. The Chair and Vice Chair(s) shall be elected by Secret Ballot, where only those present shall be entitled to vote by the most inclusive method agreed by the Disability Involvement Group. Members shall receive 28 days notice of any meeting where an election will take place. Employees of the City Council, Sign Language Interpreters and PAs to Representatives shall not be entitled to vote, but the latter may act as scribes unless acting as a Returning Officer. 8. The Returning Officers shall collect all ballots and adjourn to another room/part of the room to count the votes. The Returning Officers may request assistance from the Equality and Community Relations Team to read any vote in an accessible format, which they are unable to read themselves, for example Braille. 9. Results shall be declared before the end of the meeting at which the vote takes place, but any member present and voting at the meeting shall be entitled to inspect the ballot and raise any objections regarding the validity of the result before the next EFC meeting. 9 1. Protocol for selecting Advocates and Deputy Advocates 2. Advocates and Deputies will be nominated and selected to represent the protected characteristics, as defined by the Equality Act 2010. They will represent one of the following areas, which will be referred to as ‘your Network’: Disability Gender Transgender Sexual Orientation Age (Older People) Age (Young People) Race (to include Refugees and Asylum Seekers) Religion or Belief The Equality Act 2010 also defines the following as protected characteristics: Marriage & Civil Partnership Pregnancy & Maternity 3. All of the Advocates will have a responsibility to ensure that these additional protected characteristics are addressed, where appropriate, through network meetings or at EFC meetings. 4. Collective agreement in selecting the Advocate and Deputy Advocate: 5. Advocates and Deputy Advocates will be selected by approaching existing Networks/Sub groups. They will be asked to select their Advocate and Deputy Advocate according to agreed processes which are in line with the Network/Sub group’s democratic protocol. 6. Once the Network/Sub group have selected their Advocate and Deputy Advocate, details should be forwarded to the Equality & Community Relations team at Nottingham City Council. This can be communicated by: Phone: Email: Post: 0115 8762747 equalityanddiversity@nottinghamcity.gov.uk Equality & Community Relations Team Loxley House Station Street Nottingham NG2 3NG 10 7. Where a collective agreement cannot be reached: 8. Where the Network/Sub group is not able to agree on their Advocate and/or Deputy Advocate, there is provision for nominations to be put forward to the Returning Officer. A form is attached which can be used to submit nominations. Nominations should be submitted by any of the methods described in point 6 (above) 9. Any nomination submitted where an agreement cannot be reached as described in 2.7, must include the following information: 10. The name of the nominee The Network for which they are being nominated (Disability, Race, etc) Whether the nomination is for the Advocate or Deputy Advocate position Your name and the name of the group represented. The nominations will be considered by a selection panel. The panel will be made up of a representative from One Nottingham; a senior officer from Equality & Community Relations, and by a representative from the Voluntary Sector who has not been nominated as an Advocate or Deputy Advocate. The selection will be carried out by matching candidates to the Roles and Responsibilities of the post. The decision of the panel will not be open to appeal. 11 EQUALITY & FAIRNESS COMMISSION ADVOCATE NOMINATION FORM The deadline for receipt of nominations is 12.00pm, Monday 5th January 2015. Please return completed forms to the: Email: equalityanddiversity@nottinghamcity.gov.uk Post: Equality & Community Relations Team Nottingham City Council Station Street Nottingham NG2 3NG Name of nominee Network for which they are being nominated (Disability, Race, etc) Nominated for: Advocate / Deputy Advocate (please specify) The name of your Network/Sub group: 12