Agenda and minutes

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

No alternative members were present.

(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 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 a personal interest 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 last meeting held on 15 December 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 Panel noted their Terms of Reference.

To discuss the draft final report (attached).

The Panel considered the final draft of the report that would be submitted to Overview and Scrutiny at it next meeting. Amendments were made to the report as attached at the appendix to these notes.

Specifically the Panel asked 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; and.

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

(iii)       consider its ongoing appropriateness;

It was further suggested by the Panel that the Constitution and Members Services Scrutiny Panel undertake this task and that this request form part of the report to the main Committee.

The Panel also asked that the Committee for the Appointment of a Chief Executive be asked to consider the following issues specific to the post of the Chief Executive:

(i)         clear and measurable performance management and supervision arrangements;

(ii)        ensuring those undertaking performance management and supervision to have undertaken appropriate training and have access to 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.

The Panel were also of the view that the new arrangements should be reviewed after one year of operation and thereafter annually.

            Agreed:

That the report, as amended, be referred the Overview and Scrutiny Committee for approval.

To agree a programme of dates for meetings.

It was agreed that no further meeting was required as this time.