Agenda item

Contract of Employment - Post XEX/01

To consider the current position. Councillor J M Whitehouse to report.

Minutes:

Officers except for C O’Boyle, R Palmer, I Willett and G Lunnun left the meeting for consideration of this matter.

 

As reported earlier in the meeting Councillors Mrs A Grigg and Mrs M Sartin explained their interests in relation to this matter.

 

Councillor Mrs Grigg advised that her interest related to one informal meeting which had been held in 2009 with a member of staff of the solicitors who had subsequently been engaged by the Council to advise on this matter.  She advised that she had determined that her interest was a personal one and was not prejudicial as the Council was no longer being advised by that person who was no longer employed by the practice.  She also pointed out that she had played no other part in the engagement of the firm and she expressed regret that she had not declared a personal interest at previous Council meetings when this matter had been considered and apologised for that oversight.

 

Councillor Mrs M Sartin advised that her interest arose because the Leader of the Council had spoken to her husband about staff contract issues and as a result he had mentioned an employment lawyer known to him.  The lawyer had been a member of staff at the solicitors subsequently engaged by the Council to advise on this matter.  Councillor Mrs Sartin advised that she had not been aware of the discussions between the Leader of the Council and her husband at the time and that she had determined that her interest was a personal one only.  She expressed regret that she had not declared this interest at previous meetings of the Council when this matter had been considered and she apologised for that oversight.

 

Councillor J M Whitehouse submitted a report (tabled) following further negotiations which had taken place since the last meeting of the Council.

 

The members questioned Councillor J M Whitehouse on the report and formulated decisions.  In order to conclude this matter the holder of post XEX/01 was asked to return to the meeting to indicate whether he was prepared to agree the revised terms to terminate his contract including further amendments to the Compromise Agreement and the terms of the Agreement.  The postholder returned to the meeting and pointed out that whilst he was yet to receive advice from his solicitor on the latest terms he would be happy to sign the Compromise Agreement amended as outlined by Councillor J M Whitehouse.

 

The Council expressed their appreciation to the post holder for returning to the meeting and explaining his position.

 

            RESOLVED:

 

            (1)        That the update from Councillor J M Whitehouse on the current position and the background to the report tabled be noted;

 

            (2)        That in response to the post holder’s proposal the Council agree to the revised terms requested by the post holder to terminate his contract including the proposed further amendments to the Compromise Agreement and the terms of the Agreement;

 

            (3)        That the External Auditor be consulted about the terms of the proposed Agreement;

 

            (4)        That Councillors J M Whitehouse and Mrs L Wagland be authorised to make any necessary final changes to the Compromise Agreement and the terms of the Agreement in consultation with the Chairman of Council and subject to considering any views expressed by the External Auditor; and

 

            (5)        That the Chairman of Council be authorised to sign the Compromise Agreement on behalf of the Council.