Agenda and minutes

Cllr Godwin led welcome and introductions.

Apologies received from Cllr Eddy (Cllr Lesley Alexander in substitute) and Cllr O’Rourke.

There were no declarations of interest.

To receive any announcements from the Chair.

The Chair noted that further to the appointment of the new Chief Executive to Full Council, amendments were required to the Pay Policy Statement and associated governance in relation to the post.

NB. up to 30 minutes is allowed for this item

Petitions, questions and statements will be accepted only if they relate to the business for which the extraordinary meeting has been arranged.

The Committee noted that Steve Paines, Unite was in attendance.

Committee to consider the report for recommendation to Full Council.

The Committee received a report from the Interim Service Director Human Resources, Change and Communications, presented by Sandra Farquharson.

The Committee considered the significant issues in the report and the following points were noted in response to members questions:

The Committee unanimously Resolved:

That the Committee recommends to the Full Council:

1.      That the Council’s Constitution (Part 3, Section 1, Paragraph (j)) be amended to read: “Confirming the appointment of the Head of Paid Service, the Monitoring Officer and the Chief Financial (Section 151) Officer, and confirming the dismissal of the Head of Paid Service, the Monitoring Officer or the Chief Financial (Section 151) Officer”.

2.      That the Terms of Reference of the Human Resources Committee be amended to replace the final two sentences of “Overview” with “In accordance with the Officer Employment Procedure Rules to act as the Investigating and Disciplinary Committee in relation to the Chief Executive and Chief Officers”, and the following to be added to “Functions”: “To hear and determine matters of discipline in relation to the Chief Executive and Chief Officers, including taking action up to and including dismissal. Where dismissal is the outcome in relation to the Head of Paid Service, the Monitoring Officer and the Chief Financial (Section 151) Officer the Committee will recommend this to the Full Council for a final decision”.

3.      That the membership of the Human Resources Committee be amended to include at least one member of the executive, which is required when it is acting as the Investigating and Disciplinary Committee in relation to the Head of Paid Service, or Monitoring Officer or the Chief Financial (Section 151) Officer.

4.      That an Independent Panel be established as a committee of the Council appointed under section 102(4) of the Local Government Act 1972 comprising only independent persons (at least two) appointed under Section 28(7) of the Localism Act 2011 for the following purpose: “To review the decision of the Investigating and Disciplinary Committee to dismiss the Head of Paid Service, the Monitoring Officer and the Chief Financial (Section 151) Officer, and to provide comments on this recommendation to the Full Council for a final decision”

Committee to consider the report for recommendation to Full Council.

The Committee received a report from the Interim Service Director Human Resources, Change and Communications, presented by Sandra Farquharson.

The Committee considered the significant issues in the report and the following points were noted in response to members’ questions:

It was confirmed that the panel would consist of two independent representatives from the Local Government Association (LGA) and that these would be voting members.

The Performance Management Panel would meet annually to assess what if any level of performance-related pay should be awarded.  Any award would become payable at the end of the contract.

The Committee Resolved (with one abstention):

That the Committee recommends to the Full Council that the Council’s Constitution be amended to provide for a Performance Management Panel as set out in this report.

Committee to consider the amendments to the Pay Policy statement for recommendation to Full Council.

The Committee received a report from the Interim Service Director Human Resources, Change and Communications, presented by Sandra Farquharson and considered a public forum statement from Steve Paines, Unite in conjunction with this item.

The Committee was advised of the proposal to amend the Pay Policy at para 8(a) to confirm that any accrued performance related pay will be paid if the contract is terminated early, save for circumstances where the employment is terminated for reasons of Gross Misconduct.

The following points were noted in response to members’ questions:

Concerns were raised in recognition that any potential uplift in salary could breach the Council’s aspiration to maintain a 10:1 ratio.

It was confirmed that the proposed performance related pay uplift of up to 15% was in line with the Council’s current award of performance related pay to Service Directors for recruitment and retention reasons.

The Committee Resolved:

That the Pay Policy Statement for the period 1st March 2017 to 31st March 2018 be approved by the Full Council.