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Jersey Sport: Shadow Board: Establishment and Appointment of Chair

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A decision made 10 December 2015:

Decision Reference:  MD-ESC-2015-0027

Decision Summary Title:

The establishment of a Shadow Board for Jersey Sport and appointment of Chair

Date of Decision Summary:

10th December 2015

Decision Summary Author:

Deputy Chief Executive, EDD

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

The establishment of a Shadow Board for Jersey Sport and appointment of Chair

Date of Written Report:

10th December 2015

Written Report Author:

Deputy Chief Executive, EDD

Written Report:

Public or Exempt?

Public

 

Subject: The establishment of a Shadow Board for Jersey Sport and appointment of Chair

Decision(s):

The Minister for Education, Sport and Culture approved the establishment of a Shadow Board for Jersey Sport and appointment of its Chair.

Reason(s) for Decision:

As recommended within the 2013 ‘Fit for the Future’ sport strategy, the Minister decided to establish an independent organisation - Jersey Sport – put in place a Shadow Board to provide him with strategic advice.

Following an open recruitment exercise overseen by the Jersey Appointments Commission, the Minister also made a decision to appoint a Chair to the new Shadow Board.

Resource Implications:

There are no financial or manpower costs for the States.

Action required:

For the relevant action to be taken to formalise the establishment of the Shadow Board of Jersey Sport and confirm the appointment of Mr Phil Austin as Chair.

Signature:

 

Deputy Rod Bryans

Position:

 

Minister for Education, Sport and Culture

Date Signed:

 

Date of Decision:

Jersey Sport: Shadow Board: Establishment and Appointment of Chair

MINISTER FOR ECONOMIC DEVELOPMENT 
Report

Establishment of a Shadow Board for Jersey Sport

 

Background

The States approved the Fit for the Future sports strategy in October 2013, one key recommendation was that an independent, grant funded body be set up to champion the cause of sport and act as a single voice for the sports community to Government. The development of the Strategy followed significant consultation with the Island’s sporting community and provides a blueprint for sporting development during the period of MTFP 2. 

In 2014, the Education Sport and Culture Department engaged specialist consultants (KKP) to undertake an options appraisal to identify whether there was a need for such a new body to coordinate sport in Jersey and to explore potential delivery structures.

The fundamental component of the appraisal included assessing, defining and refining the exact purpose and potential functions of the proposed new body and the areas of delivery/ provision for which it could/should take responsibility.

On 18th September 2015, a Paper ‘Forming an Independent Organisation for Sport in Jersey’ was discussed at one of Economic Development’s weekly Ministerial Meetings.

The Economic Development Ministerial team agreed to adopt the recommendations of the KKP report and establish an Advisory Panel to put in place measures to establish a Shadow Board structure, oversee a recruitment process and make a recommendation to the Assistant Minister with responsibility for Sport, of a Shadow Board Chair and fellow Board members.

The Assistant Minister with responsibility for Sport, then informed the ESC Ministerial team of his proposed actions and secured its agreement to proceed with the establishment of the Shadow Board and recruitment process.

On 2nd October 2015, a further Paper ‘An Independent Organisation for Sport in Jersey’ was tabled at an EDD Ministerial Meeting.

 

The EDD Ministerial team agreed which of the recommendations within the KKP Report to adopt and could act as a basis upon which to construct Terms of Reference for the interim Advisory Panel leading up to the creation of a proposed Shadow Board structure.

The Assistant Minister with responsibility for Sport subsequently obtained the approval of the ESC Ministerial Team to begin the process of recruitment of a Shadow Board with a Chair and Board Members.

The remit of the Shadow Board once appointed, would be to advise the Assistant Minister on how best to construct an implementation plan and put in place a transition to a formally established and grant funded company/charitable trust, allowing it to engage the Jersey sporting community and put in place an appropriate governance structure to guide the organisation’s future delivery, preparing for the transfer of responsibilities to the new body with its an independent Board.

The Shadow Board it is intended will provide the Assistant Minister advice as to how best agree an implementation plan and put in place a transition to the final company/charitable trust organisation

The terms of reference of the Shadow Board were subsequently agreed by both ESC and EDD and are included in the attached Brief for Chair and Board Members.

Jersey Sport Limited*

 

Chair and Board Member Brief

 

Following a policy decision by the Minister for Education, Sport and Culture (ESC), it is expected that Jersey Sport will begin operating during the summer of 2016 taking on the responsibility for the development of sport in the island.

The creation of the new body was a direct result of a thorough review of sport by ESC in 2013 that led to the implementation of the ‘Fit for the Future Strategy. The review involved extensive consultation involving both the public and stakeholders that highlighted the need within sport for an independent, grant – funded body to act as the ‘voice‘ for sport in Jersey and to act as the focal point for the sectors future development.

The full Board of Jersey Sport will be appointed in early 2016, however prior to this a Shadow Board will be put into place to provide advice to the Assistant Minister with delegated responsibility for Sport (Assistant Minister).

 

Jersey Sport Limited Corporate Structure

 

The structure of Jersey Sport is likely to be that of a ‘Non-Charitable Purpose Trust’ called the ‘The Jersey Sport Development Trust’.

 

The initial objective of the Trust and its Trustees will be to form a company called Jersey Sport Limited whose purpose would be to act as an independent body to lead the development of sport and sport-related interests in the Island.

 

Jersey Sport Limited will shortly become incorporated as a private company, limited by shares under the Companies (Jersey) Law 1991 as amended on the 30th November 2011.

 

The Company will receive its funding from the States of Jersey via a Grant from either the Education or the Economic Development Department. On account of these financial arrangements, the Company will necessarily be subject to Partnership Agreements and Grant Assurance Statements that are compliant with the States of Jersey’s Financial Directions.

 

The Company will have an essential and close relationship with the States of Jersey both in the setting of its strategic objectives however will be structured such that it is an independent body, with the Company’s Governance is via an independent Board.

 

 

The Shadow Board’s Role & Responsibilities

 

The Shadow Board will be responsible to stakeholders for advising the Assistant Minister on the establishment of the organisation, its corporate governance plus the proposed transfer of certain of the States employees to the new company.

 

The Shadow Board will put in place an interim organisation structure in order to ensure the efficient performance of its responsibilities.

 


The Shadow Board's role is to advise the Assistant Minister in the following areas:

                   To provide leadership in the development of Jersey Sport Limited (JSL);

                   To work with EDD Officers to put in place an appropriate corporate entity with Memorandum and Articles that will allow the new body to come into being

                   To establish an interim governance framework to include Risk Assessment, Finance, Audit and HR policies that will allow the new body to work independently of Government of Jersey support within a six month timeframe

                   To establish JSL’s strategic aims, ensure that the necessary financial and human resources are in place for JSL to meet its objectives; and

                   To develop a working relationship with the existing States Sports Development team to acquire knowledge of sports development and establish a Jersey ‘model’ of governance and best practice

                   To define the optimum operational structure for the body and make recommendations to the Assistant Minister where as necessary to implement changes to those contained in the KKP Report recommendations

                                                     To lead the development of an interim strategy and business plan for the new body and ensure that it is subject to rigorous independent challenge

                   To provide input and advice on appointments to the Board and Executive along with determination of terms of appointment.

                   To put in place an HR recruitment process designed to ensure that the body acquires staff with the appropriate skills set and experience to allow it to quickly begin operations

                   To safeguard the interests of States employees seeking to transfer to JSL;

                   To advise the Assistant Minister on the appropriate level and methods of interaction between the body and the sports facilities management functions retained within Government

                   To act as an informed, independent body in seeking to advise the Education Department and Economic Development on securing strong operational working relationships for ‘school estate based’ sports facilities

                   To undertake any other appropriate roles as agreed with the Assistant Minister

 

Shadow Board Composition

 

The Shadow Board is likely to comprise the Chair, a nominated Non-Executive representing the States of Jersey (the Nominated Director), and independent Non-Executives, one of whom will be someone having experience of sport within the educational environment. The minimum number of Directors shall be one and the maximum number of Directors shall be five.

 


The Chair

 

The Chair will lead the Shadow Board in the determination of its strategy and in the achievement of its objectives. The Chair will be appointed by an open recruitment process carried out under the supervision of the Jersey Appointments Commission.

 

The Chair is responsible for organising the business of the Shadow Board, ensuring its effectiveness and setting its Agenda.

 

The Chair will maintain direct links with the Company’s key stakeholders and ensure that regular reports are circulated to the Shadow Board enabling Non-Executive Directors to remain aware of stakeholders’ views. The Chair ensures with States officers, that a programme of effective communications is available for stakeholders and interested sports organisations.

 

 

Shadow Board Directors

 

Shadow Board Directors will be appointed by an open recruitment process carried out under the supervision of the Jersey Appointments Commission.

 

In addition to fulfilling their legal responsibilities as Directors, the Shadow Board Directors are expected to bring independent judgment to bear on issues of strategy, operations and governance.

As well as papers for Board meetings, Shadow Board Directors will receive accounts, reports and information which enable them to scrutinize the future establishment of the new organisation.

 

 

Candidate Profile

 

The Shadow Board is seeking candidates that meet the following criteria:

 

Experience

 

                        A demonstrable record of successful leadership of an organisation within the sport or business sectors and the ability to represent it effectively.

                        An unimpeachable track record within sport or business generally and ideally within Jersey

                        A strong overall understanding of the functioning of the sport sector in Jersey at a strategic level, with the ability to provide sound advice to politicians, States officers and Stakeholders in the execution of their duties

                        Political astuteness in dealing with States and regulatory bodies

                        Strong financial acumen together with the ability to critically review JSL plans, budgets and expenses

 

In addition, for the role of the Chair the candidate would also require the additional qualities:

 

                        Able to command credibility and confidence in the role quickly.

                        Experience and ability in chairing the development and delivery of a complex agenda

                        Presentation, interpersonal and communication skills of the highest order with demonstrable experience of effectively communicating with audiences small and large

 

 

Personal Style and Behaviour

 

                        Comfort in dealing with detailed financial information

                        A high level of analytical ability combined with an ability to take a wide view on sport and sports development matters including an understanding of the practical impact and implementation of decisions.

                        Decisive, clear thinking and consistency.

                        A thorough understanding of, and commitment to, the public interest.

                        Able to convey relevant experience and stature to the local community.

 

 

In addition, for the role of the Chair the candidate would also require the additional qualities:

 

                        A strong personal presence with evident leadership skills, commanding the respect of a wide range of stakeholders.

                        The resilience and integrity to reach well balanced judgements in an impartial, objective and transparent manner.

 

 

Time commitments are varied but include:

 

                   Spending around a day a month on Jersey Sport activities which includes attending around 12 board meetings a year

                   Attending ad hoc meetings as required

                   Attendance at the AGM

                   Attendance at the annual Board strategy sessions

                   Attendance at some JSL events where required

 

In addition the Chair role would require being available to provide advice or consultation to the Assistant Minister as required, often at short notice or out of working hours

 

Overall it is anticipated that the Shadow Board Members will spend such time as is reasonably required in order to discharge their duties, although this would not normally exceed an average of 10 hours per month in any circumstances.

 

 

Fees

 

The fee for the role of Chairman is currently under review, but will be in addition to all reasonable and properly documented expenses incurred in performing the duties of office.

 

It is considered appropriate that Shadow Board Members will only be entitled to receive repayment of reasonable and properly documented expenses.

 

 

 

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