Agenda and minutes

(Assistant to the Chief Executive)  To report the appointment of any substitute members for the meeting.

It was reported that Councillor Johnson was the alternate member in place of Councillor Bassett.

(Assistant to the Chief Executive). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee which relates to a decision of or action by another Committee or Sub Committee of the Council, a Joint Committee or Joint Sub Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

(1)        Councillors D Collins and A Grigg declared personal interests in item 4 (Scoping Report) by virtue of being party to meetings with the former Chief Executive. The members stated that they proposed to remain in the meeting for the duration of the debate.

(2)        Councillor Wagland declared a personal interest item 4 (Scoping Report) by virtue of being Portfolio Holder and Leader. The member stated that she proposed to remain in the meeting for the duration of the debate.

(3)        Councillor Angold-Stephens a personal interest item 4 (Scoping Report) by virtue of being on the Panel that had appointed the current Acting Chief Executive. The member stated that she proposed to remain in the meeting for the duration of the debate.

(Lead Officer) To consider the attached scoping report.

Members discussed a scoping report:

Agreed:

(1)        That the final report of the Panel be aimed at the 6 March meeting of the Overview and Scrutiny Committee;

(2)        That the officers to which the future process apply be limited to Chief Executive; Deputy Chief Executive; Directors; Assistant to the Chief Executive and other statutory officers;

(3)        That the Aims and Objectives of the Panel be agreed and recommended to Overview and Scrutiny Committee as follows:

“To bring forward a procedure for the reporting of complex and sensitive contracts to members and a procedure to be followed in the event of such contracts being entered into.

To report their findings to the Overview and Scrutiny Committee for onward consideration by the Council.

To have agreed written procedures in place in time to inform the outcome of  the recruitment to the position of Chief Executive which is currently vacant and any issues arising from the review by Ernst and Young in respect of the corporate management structure. “

(4)        That the Terms of Reference of the Panel be agreed and recommended to Overview and Scrutiny Committee as follows:

“Terms of Reference

1.         To consider and formulate a written procedure for reporting complex and sensitive senior officer employment contracts to members;

2.         To consider the scope and agree positions to which these arrangements should apply (eg. Chief Executive; Deputy Chief Executive; Directors; Assistant to the Chief Executive and other statutory officers);

3.         To formulate a procedure on how the Council seek advice on the form of contract and other contractual considerations arising from senior staff appointments taking account of lessons learnt from previous cases;

4.         To bring any other recruitment issues arising from the review to the attention of the Committee for the Appointment of the Chief Executive;

5.         To report to the Overview and Scrutiny Committee with recommended procedures by 6 March 2012.”

(5)        That the following be brought forward to member at the next meeting:

(a)        Copies of best practice and potential pitfalls supplied by Public Law Partnership authorities;

            (b)        Options for seeking advice in future recruitment exercises;

            (c)        A process map of current procedure for such appointments;

            (d)        Copies of previous reports on recruitment procedures;

(e)        The views of Acting Chief Executive, Section 151 Officer, Chief Internal Auditors and Assistant Director on the processes involved;

(6)        That the following draft timetable be agreed:

To agree a programme of dates for meetings.

Agreed that the next meeting of the Panel should be held on 15 December 2011 at 7.30 pm.