Agenda and minutes

Councillor W. Breare-Hall (deputy)

Councillor W Breare-Hall – (Deputy)

Councillor C. Whitbread (Chairman) had given apologies for lateness in joining the meeting.

In the absence of the Chairman of the Panel (Councillor C. Whitbread) at the commencement of the meeting, the Vice chairman (Councillor S. Stavrou chaired the meeting until his arrival, whereupon he presided until the conclusion of the meeting.

To note that the following Councillors have been appointed at the Council meeting on 30 July 2013 as deputies for members of this Panel:

Conservative Group (5):   W Breare-Hall, J Philip, B Rolfe, A Watts,  J Wyatt

Liberal Democrats Group:   J H Whitehouse

Loughton Residents’ Association Group:   C Pond

The Panel noted that the following Councillors had been appointed at the Council meeting on 30 July 2013 as Deputies for  Members of this Panel:

Conservative Group (5):         W Breare-Hall, J Philip, B Rolfe, A Watts, J Wyatt

Liberal Democrats Group:      J H Whitehouse

Loughton Residents’ Association Group: C. Pond

I Willett made a declaration of interest concerning the draft report of the Head of Paid Service and the report on voluntary redundancies under item 8 of this meeting in the private section of the agenda.  He also gave a general declaration of interest in connection with the reports by the Chief Executive concerning the new Directorate structure and a specific declaration of interest in relation to the position of the Returning Officer.

He indicated to the Panel that he would withdraw from the meeting at the conclusion of the public session business and that P Maginnis would keep a record of discussions in private session which would then be formulated into a minute at that part of the meeting.

P Maginnis made a declaration of interest concerning the draft report of the Head of Paid Service but remained in the meeting as advisor to the Panel as her post was not the subject of any changes in the current proposal.

To approve as a correct record  the minutes of the meeting held on 22 October 2013 (attached)

RESOLVED:

That the minutes of the meeting held on 22 October 2013 be confirmed and signed by the Chairman as a correct record.

(Chief Executive) To consider a report on outstanding issues relating to the Head of Paid Service report due for submission to the Council meeting on 17 December 2013 (To follow).

The Chief Executive presented a report which responded to the issues raised at the last Panel meeting when members were asked to comment on the proposed Directorate structure.  The Panel noted that the Chief Executive had undertaken to consider and report to this meeting on the issues which arose from consultation, including points raised at the last meeting and to report further on any subsequent developments.

The Chief Executive explained that this was a final opportunity for members to comment on his proposals before he finalised his Head of Paid Service report for submission to the Council meeting on 17 December 2013.

The Chief Executive then outlined the key features of the proposed report:

(a)        Draft Recommendations

The current report set out draft recommendations which would be included in the Head of Paid Service report when published.

(b)       Four Directorate Structure

The report contained an appendix indicating a revised four Directorate structure as the preferred model for the restructuring proposals.  This followed discussions at the last meeting when the Panel had expressed a view that a four Directorate structure would assist the Council in the transition to new working arrangements in a period of financial restrictions.

He went on to explain the key changes to the Directorate structure shown in that Appendix as follows:

(c)        Statutory Officers

The Panel noted that these designations were now shown as part of the duties of the relevant postholders in the new structure.  In the case of the Chief Financial Officer this was included in the Job Description for the Director of Resources whilst the role of Monitoring Officer was included in the Job Description for the Director of Governance.   There were therefore to be no separate Job Descriptions for these roles.

(d)       Deputy Chief Executive

The Panel noted that the designation of “Deputy Chief Executive” had been incorporated in the job description for the Director of Neighbourhoods (formerly “Place”).

(e)       Directorate Titles

The report set out a revised title for the Directorate formerly known as “Place” which was now proposed to be called “Neighbourhoods”.  The former Directorate of Governance and Law now omitted “Law“ from its title and no change was proposed in respect of the Directorate for Communities.  The Panel’s members noted the preference of the Chief Executive for the proposed titles although one member expressed reservations about the proposal for “Neighbourhoods” instead of “Place”.

(f)        Overview and Scrutiny – Lead Officer

Responsibility as Lead Officer for Overview and Scrutiny had now been shown in the responsibilities for the Director of Neighbourhoods/Deputy Chief Executive.  The Panel noted that this reflected the current situation where the officer concerned was leading on Overview and Scrutiny matters.

(g)       Assistant Director Designations

The Panel was advised that only one change is being made namely in respect of the Assistant Director of Neighbourhoods which had been retitled “Assistant Director Neighbourhood Services” so as to distinguish it from the post title  of the Director

(h)       Economic Development

The Chief Executive explained that there was a substantive post (“Assistant  ...  view the full minutes text for item 22.

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.

RESOLVED:

That, under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below on grounds that they would involve the likely disclosure of exempt information as defined in the following paragraphs of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2).

Agenda                 Subject                                                     Exempt Information and

Item Number                                                                          Paragraph Number

6                            Applications for Voluntary Redundancy    1 and 2 – Information relating to an individual or which is likely to reveal the identity of an individual

The Panel had considered whether maintaining the exemption listed above outweighed the potential public interest in disclosing the information and concluded that the Proper Officer was right to place the remaining item on the Agenda in Private Session in view of the sensitive personal information contained therein concerning postholders currently employed by the Council.

(Chief Executive) To consider a report (circulated separately under confidential cover)

The Chief Executive presented a report on voluntary redundancies, at Director and Assistant Director level, proposals to appoint a Proper Officer in order to carry out the functions of notification to the Cabinet Members under the Employment Rules Procedure in respect of the new structure, a financial appraisal of the cost of implementing the proposed four Director structure including the costs of retirement/redundancies and the main duties and responsibilities of Directors and Assistant Directors within the Council under the new arrangements. 

The Panel supported the recommendations set out in the report concerning voluntary redundancies and noted that the Council would not be required to make any compulsory redundancies as part of the process.

On the question of salaries, the Chief Executive stated that the previous view of the Panel had been to recommend salary levels for Directors and Assistant Directors and he had based calculations contained in the report based on a 15% increase for Directors and a 5% increase for Assistant Directors.

The Chief Executive went on to explain that the existing structure would cost approximate £1.5 million and the new structure was estimated to cost £1.2 million thereby achieving savings overall of £300,000.  Various severance cost amounting to £370,000 would be offset within a period of approximately 15.5 months.  The Panel received comparative data on salaries at a similar level in other Essex authorities and in particular Uttlesford District Council and noted that the comparison was based on the proposed increases for salaries at this Council of 15% and 5% as set out above.

The Panel felt that comparisons in respect of Uttlesford District Council and some other Councils were not reliable guides as the populations of those Authorities were lower than the this authority.  In discussion the Panel acknowledged that the new Director roles had significantly changed and this justified the higher level of increase proposed for those positions.  They acknowledged also that Assistant Director roles would also change but not to the same extent as Directors, leading to a smaller percentage increase in those cases.

The Chairman of the Panel concluded the debate by asking each member to confirm their support for the proposed restructuring and the various measures outlined  to bring it into operation. All Panel members confirmed their support for the Chief executive’s report going forward to the Council as described.

RESOLVED:

(1)        That the following proposals of the Chief Executive for inclusion in his forthcoming Head of Paid Service report be supported, namely, approval of voluntary redundancy of post holders in the following existing posts:

Director of Environment and Street Scene

Director of Planning and Economic Development

Assistant to the Chief Executive

Assistant Director (Democratic Services)

Assistant Director (Facilities Management and Emergency Planning)

(2)        That the provisional financial appraisal of the cost of the new four Directorate structure achieving savings of £300,000, with severance costs being offset within a period of 15.5 months be accepted;

(3)        That salary levels in respect of Director positions in the new structure be increased by 15% over  ...  view the full minutes text for item 24.