Agenda and minutes

To confirm the minutes of the last meeting of the Committee (attached).

            RESOLVED:

That the minutes of the meeting held on 14 February 2011 be confirmed and signed by the Chairman as a correct record.

The Committee noted that there were no substitute members notified for this Committee.

The Committee noted that there were no declarations of interest for this meeting.

To note the following terms of reference for this Committee as agreed by the Council at its meeting on 30.7.10 (Minute 61):

“(a) to consider, in consultation with the Council’s Recruitment Consultants, the person specification, job description and associated matters relating to the recruitment and appointment of the Council’s Chief Executive (Head of Paid Service);

(b) to consider arrangements of advertising the vacancy;

(c) to consider the arrangements for interviewing, assessment and appointment to the Chief Executive position;

(d) to report back to full Council on progress on 28 September 2010;

(e) to report back subsequently to full Council with a recommendation on the person to be appointed to the position of Chief Executive;

(f) to consider alternative means by which the duties of the Chief Executive may be conducted; and

(g) to consider the remuneration appropriate to the role recommended by the Appointment Committee.”

The Committee noted the Terms of Reference for this Committee as set out on the Agenda and as agreed by the Council on 30 July 2010 (Minute 61).

            RESOLVED:

            That any changes to the Terms of Reference of the Committee to be recommended to the Council be considered under the subsequent report concerning the Acting Chief Executive position.

Report attached.

The Committee considered a report of the Assistant to the Chief Executive concerning the current position regarding the temporary appointment of an Acting Chief Executive.

The Committee noted that the current contract extension for this appointment came to end on 31 August 2011 and it would be necessary to make recommendations to the Council meeting on 26 July 2011 concerning the contract.

In discussing the report, the Committee noted that no firm conclusions had yet been reached concerning joint management arrangements with other local authorities and that proposals from Ernst and Young regarding value for money and service efficiency had yet to be received.  The Leader of Council pointed out that the Ernst and Young report could raise issues regarding the management structure of the authority which could influence the work of this Committee in relation to a Chief Executive.  It was noted that the Ernst and Young proposals were unlikely to be received by the Council until October 2011 and that a provisional deadline for consideration by the Council would be the meeting on 1 November 2011.

The Committee also noted that the recruitment advisers appointed by the authority had now ceased to operate and that any recruitment exercise conducted in respect of a Chief Executive or equivalent position would necessitate of the engagement of a new Consultant.

The Committee discussed the current situation regarding the Acting Chief Executive position and noted that Mr D Macnab in fulfilling this role still held the substantive post of Deputy Chief Executive.  The Solicitor to the Council had advised that any extension of the contract was not affected by the Fixed Term (Prevention of Less Favourable Treatment) Regulations 2002 as Mr Macnab remains permanently employed as Deputy Chief Executive.  She had further advised that, were those regulations to be engaged, there must be a consecutive series of fixed term contracts which cumulatively exceed 4 years before the temporary contract of Acting Chief Executive matures into a permanent one.

The Committee noted that funding continued to be available for the “Acting-Up” payment to Mr Macnab in the role of Acting Chief Executive and also salary under spends could be utilised to engage a new Recruitment Consultant.  However, the Committee concluded that pending the submission of the Ernst and Young report to the Council meeting on 1 November 2011, it would be prudent not to commit new resources to the recruitment exercise or the engagement of consultants until the Council’s position on a number of related issues was clear. In view of the timescale for procuring recruitment advice, advertising, interviewing and providing appropriate periods of notice, the Committee concluded that it would be prudent to extend the Acting Chief Executive contract until 31 August 2012 but members hoped this would be the last extension of this contract which they needed to request.  The Committee noted that the deadline referred to in the Committee’s Terms of Reference would therefore need to be amended and recommended to the Council for approval.

            RESOLVED:

            That a report be  ...  view the full minutes text for item 5.

To consider the future position regarding recruitment advice and a permanent appointment.

Questions relating to the job description, person specification and remuneration were deferred on 16 November 2010.

The Committee considered recruitment advice and the way forward on recruitment.

RESOLVED:

            (1)        That the next meeting of the Committee to consider the recruitment process which the Council needed to adopt and timescale for so doing;

(2)        That there should be member involvement with the selection process for a recruitment advisor and that the Chairman of the Committee and the Leader and Deputy Leader should deal with those matters;

(3)        That procurement of consultancy advice should be based on an overall assessment of the suitability of the advisers brought forward not just questions of costs;

(4)        That work should be undertaken to prepare for possible recruitment at a later stage without committing resources.

To be determined.

            RESOLVED:

            That two additional meetings be arranged for September and October 2011 respectively.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

There were no items to be held in the absence of the press and public.