Agenda and minutes

An apology for absence was received from Councillor Vanier.

NOTED

In accordance with Part Four – Section B (17) of the Constitution, it being a special meeting of the Committee no other business shall be considered other than those items specified on the order of business below.  

The Democratic Services Manager – Mr Hart, advised that Items 5 and 8 on the Agenda – Reward: Performance Management Scheme for Chief Officers had been marked ‘TO FOLLOW’ on the agenda had been sent to members on 18 March 2015.  The would need to be reasons for lateness given when the Committee considered these items.

NOTED  

A member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct.

There were no declarations of interests.

NOTED

To consider any requests received in accordance with Part 4, Section B, paragraph 29 of the Council’s constitution.

Nil Items.

Report of the Interim  Assistant Director Human Resources - To update the Committee on the outcome of the employee consultation and to seek an appropriate decision

The Chair asked for an introduction of the report.

The Human Resources Advisor – Ms Mathieson informed the meeting that the reasons for lateness in circulating the report had been due to the fact that the employee consultation period had not closed until Monday 16 February 2015 and comments received needed to be given due consideration and included within the circulated report.

Ms Mathieson advised the Committee of its ‘in principle’ decision of 26 January 2015 to cease the Performance Management Schemes for Chief Officers and to make a payment to officers to recompense them for this and to recompense them for the period that the Schemes were not applied in accordance with the terms of the Schemes. The ‘in principle’ decision was then subject to formal employee and trade union consultation,  and subject to the Staffing & Remuneration Committee being informed of the outcome of the consultation exercise prior to a final decision being taken.  Ms Mathieson advised that the report detailed the outcome of the employee and trade union consultation exercise and sought an appropriate decision. Ms Mathieson advised that  previously it had been reported that sixty five employees were in scope of the exercise.  However, following the departure of two employees there were  now sixty three current employees within scope.

In respect of the consultation embarked upon Ms Mathieson highlighted that:

·                         All affected employees were sent a letter on 28 January 2015 detailing the proposal as agreed at the Staffing and Remuneration Committee on 26 January 2015 together with a set of FAQs. A copy of the letter and the FAQs were attached at Appendix A of the report.

·                         Employees attended one of two briefing sessions which took place on 28 January and 4 February 2015. The trade unions had  also been invited to the briefing sessions but did not attend. At each session the employees were briefed on the content of the consultation letter and were given every opportunity to ask any questions.  The questions that were raised at each sessions and the responses given were detailed in Appendix B of the report. Of the sixty three employees who were in scope of this exercise, forty two attended the briefing sessions (67%).

·                         Employees were given the opportunity to provide written comments throughout the consultation period and/or had a one to one meeting with the Chief Operating Officer or officers from Human Resources. Eighteenemployees (29%) supplied written comments detailed in Appendix C of the report and one employee had a one to one meeting. Forty five (71%) employeesdid not provide any comments.

·                         Of the eighteen employees who provided a written comment, fourteen (78%) had been satisfied with the proposal, two (11%) were partly satisfied and two (11%) did not specify either way. Overall sixteen (89%) of the eighteen employees who responded had been  satisfied with the payment offer.

·                         On 6 February 2015 employees were further advised that they would be requested to sign a settlement agreement which would be in full and final settlement of any  ...  view the full minutes text for item 55.

Note from the Democratic Services Manager

Item 8 allows for the consideration of exempt information in relation to Item 5.

Items 8 is likely to be the subject of a motion to exclude the press and public from the meeting as it contains exempt information as defined in Section 100a of the Local Government 1972 – para 4  ; namely information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matters arising between the Authority or a Minister of the Crown and employees of, or office-holders under, the Authority.

As per Item 5

The Committee noted the advice given by Ms Mathieson.

Report of the Chief Operating Officer – To consider and note the Pay Policy Statement 2015/16 and recommend that it be approved by Full Council on 23 March 2015.

The Chair asked for brief introduction of the report.

The Human Resources Advisor – Ms Mathieson informed the Committee that the Council was required to produce an annual Pay Policy Statement to comply with the requirements of the Localism Act 2011.   The Council approved its most recent Pay Policy Statement in July 2014. The attached Pay Policy Statement provided an update for publication in April 2015.

Ms Mathieson advised that the Localism Act 2011 required relevant authorities to prepare and publish an annual Pay Policy Statement.  Under this legislation the Council was obliged to state how the pay of senior managers was determined. In addition, the supplementary guidance issued under section 40 of the Localism Act required full Council to be given the opportunity to vote on any proposed payment upon appointment or termination of employment of £100,000 or more.

 Ms Mathieson advised that it was not proposed that the approval of payment upon appointment or termination of employment of £100,000 per annum or more would be reserved to Full Council. If this was so it would create unnecessary delay in either appointing or finalising the termination of the employment an officer. The risks of this were that the Council may lose a potential appointee whilst they waited for a salary approval. In the case of a termination of employment by way of agreement the officer’s employment could not be ended until the severance payment was agreed. This would create an unnecessary cost as the officer would need to remain on full pay until that decision was taken. Ms Mathieson advised that the Staffing & Remuneration Committee’s current terms of reference provide that it was required to consider and approve payment upon appointment or termination of employment of £100,000 per annum or more.

The legal advisor– Mr Jankowski advised the Committee that it was necessary to amend recommendation 3.2 as stated in the report at the third  line by substituting the word  “may” for “will” as Leading Counsel had advised that if there were any employees contractually entitled to the Performance Management Scheme  for Chief Officers after 31^st March 2015, then that would need to be reflected in the Pay Policy Statement as the Scheme would be in operation in respect of those employees in 2015-2016.  At the current time the Statement simply stated  that “Performance related pay was not used for Chief Officers or Senior Managers”. As it was not known  if there would be any such employees, thus “may” rather than “will” was necessary.

Mr Jankowski advised that if all the employees covered by the Scheme accepted the settlement agreement, then there would be no employees contractually entitled to the Scheme  after 31^st March 2015. However if one or more of them did  not accept the settlement agreement, then it was likely there will be employees contractually entitled to the Scheme after 31^st March 2015, as even if the Council gave them notice of dismissal ( which it would envisage doing save in exceptional circumstances,  then  ...  view the full minutes text for item 59.