Agenda and minutes

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

No alternate members had been appointed.

(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 A Grigg and J M Whitehouse declared personal interests in item 6 (Information Gathering and Evidence) 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 Angold-Stephens declared a personal interest item 6 (Information Gathering and Evidence) by virtue of being on the Panel that had appointed the current Acting Chief Executive. The member stated that he proposed to remain in the meeting for the duration of the debate.

To consider the notes of the last meeting (attached).

The notes of the meeting held on 10 November 2011 were agreed as a correct record.

To note the Terms of Reference for the Panel as follows:

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.”

The Terms of Reference of the Panel were noted.

The following documents have been attached for members consideration:

(1)        A process diagram for Senior Officer Recruitment;

(2)        Chief Officer Recruitment – Guidance Note;

(3)        Chief Executive – Job Profile;

(4)        Example Council Contract;

(5)        Responses from officers on the proposed review where received;

(6)        Copies of previous reports to Council on appointments 2007 and 1992 (Restricted members only)

The Assistant Director, Corporate Support Services (HR) will be attending the meeting to give evidence to the Panel. Responses from members of the Public Law Partnership will follow.

The Panel considered the following evidence:

(1)        A process diagram for Senior Officer Recruitment;

(2)        Chief Officer Recruitment – Guidance Note;

(3)        Chief Executive – Job Profile;

(4)        Example Council Contract;

(5)        Responses from officers on the proposed review where received;

(6)        Copies of previous reports to Council on appointments 2007 and 1992 (Restricted to members only)

The Assistant Director, Corporate Support Services (HR) attended the meeting to give evidence to the Panel.

It was confirmed that the Acting Chief Executive and the Chief Internal Auditor had raised no issues with processes as part of the Panels consultations stemming from the last meeting.

C O’Boyle reported that she had approached a number of other authorities through the PLP to seek their views on where difficulties in recruitment exercises might lie. Anecdotal comments suggest two main reasons for difficulties: (i) Changes in the Chief Executive and/or the Leadership; and (ii) lack of clarity during advertising and recruitment as to what would be expected of the post holder.

It was also reported that it had been confirmed that support and advice was available from specialists through the PLP at all stages of future employment processes to ensure there were no unintended consequences of any contract.

The Panel considered the draft flowchart and guidance notes and suggested clarification changes to both documents.

It was Agreed that the recommendations of the Panel should be covered in the draft report:

(1)        That careful drafting of delegation to appointments Panel to be clear about extent of powers to recommend to Council any contract variations, appointment, short/long listing etc.

(2)        That reports to members be made in a standard template giving all relevant which will include financial and risk assessments information.

(3)        That specialist legal advice be made to members as appropriate through the PLP and HR advice through VINE and budgeted for by Council.

(4)        That an evaluation process be put in place as a matter of course on each senior recruitment event.

(5)        That after the conclusion of the current exercise, the Officer Employment Procedure Rules be redrafted to:

(i)         incorporate the applicability of section 4 to the Statutory Officer positions;

(ii)        include more detail of the objection to appointment process set out in the constitution; and

(iii)       consider its ongoing appropriateness;

(6)        That the Committee for the Appointment of a Chief Executive be asked to consider:

(i)         appropriate Performance Management and supervision arrangements;

(ii)        ensuring those undertaking Performance Management and supervision to have access to appropriate training and advice; and authority from Council to undertake this role.

(iii)               whether there should be any process put in place for dealing with employment issues short of formal dispute.

(7)        Commending the Flowchart and guidance to the Council.

To agree a programme of dates for meetings.

Agreed that the next meeting of the Panel should be held on 12 January 2012.