EMPLOYMENT COMMITTEE

18 August 2016

Is the final decision on the recommendations in this report to be made at this meeting?

Yes

 

Appointment of Sub-Committees

 

Final Decision-Maker

Employment Committee

Lead Head of Service

Paul Riley, Head of Finance and Resources

Lead Officer and Report Author

Caroline Matthews, Democratic Services Officer

Classification

Public

Wards affected

 

 

 

This report makes the following recommendations to this Committee:

That the Committee appoint to the Sub-Committees as set out in Section 4 of the report

 

 

 

This report relates to the following corporate priorities:

·         Keeping Maidstone Borough an attractive place for all - none

·         Securing a successful economy for Maidstone Borough - none

 

 

Timetable

Meeting

Date

Employment Committee

18 August 2016



Appointment of Sub-Committees

 

 

1.        PURPOSE OF REPORT AND EXECUTIVE SUMMARY

 

1.1     To appoint to the Committee’s various Sub-Committees as detailed in the body of the report.

 

 

2.        INTRODUCTION AND BACKGROUND

 

2.1     Set out in the body of the report and in Appendix ‘A’ are the various Sub-Committees that the Committee need to appoint to.  It is possible to appoint a Sub-Committee which is not politically balanced and the arrangements for such appointments are set out in paragraph 2.2 below.

 

2.2     Section 17 of the Local Government and Housing Act 1989 provides for exceptions to the political balance requirements.  In essence, the Committee can amend the political balance of a Sub-Committee provided that notice of the intention to give such consideration has been given to all Members of the Committee and when the alternative arrangements are put to the vote at the Committee, no members of the Committee votes against them.

 

 

3.        AVAILABLE OPTIONS

 

3.1     An alternative would be to not appoint to any or all of the Sub-Committees but this is not recommended as it would be going against the decision of Council as set out in the Constitution.

 

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1    The Appointment Sub-Committee would consider the applications received for the posts of Chief Executive and Directors, compile a shortlist for interview and subsequently to interview and make appointments (in the case of the Chief Executive, any appointment is subject to confirmation by full Council)

Panel to consist of 5 Councillors (politically balanced at 2 Con, 2 Lib Dem and 1 Ind)

4.2    The Performance Sub-Committee would review annually the performance of the Chief Executive and Directors, agree targets for the coming financial year, and agree any corrective action which may be required relating to the previous financial year.  To also review the mid-term performance of the Chief Executive.

Panel to consist of 5 Councillors (to include the Group Leaders of the 5 largest parties) (not politically balanced) 

 

4.3    The Investigatory Sub-Committee would deal with disciplinary matters for protected officers

Panel to consist of 3 Councillors (politically balanced at 2 Con and 1 Lib Dem)

4.4    The Hearings Panel would deal with dismissals, except that any decision to dismiss the Head of Paid Service, Chief Finance Officer or Monitoring Officer must be approved by Council.

For the three statutory protected officers, Panel of 3 plus up to two Independent Persons (politically balanced at 2 Con and
1 Lib Dem)

4.5    The Appeals Sub-Committee would hear and determine appeals against decisions taken by the Chief Executive under the disciplinary or capability procedures or hear grievances raised against the Chief Executive under the grievance procedure

Sub Committee to consist of 3 Councillors (politically balanced at 2 Con and 1 Lib Dem)

 

5.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

5.1     Once the appointments are made, these will be held for the remainder of the municipal year.

 

 

6.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

There are no impacts on corporate priorities.

[Head of Service or Manager]

Risk Management

Failure to appoint to these Sub-Committees could create difficulties for the Council in undertaking these functions

[Head of Service or Manager]

Financial

There are no financial implications

[Section 151 Officer & Finance Team]

Staffing

There are no staffing implications

[Head of Service]

Legal

The appointment of the proposed Sub-Committees will comply with the provisions of the Local Government and Housing Act 1989 and the Council’s Constitution

[Legal Team]

Equality Impact Needs Assessment

There are no implications arising from the report

[Policy & Information Manager]

Environmental/Sustainable Development

There are no environmental/sustainable development implications

[Head of Service or Manager]

Community Safety

There are no community safety implications

[Head of Service or Manager]

Human Rights Act

There are no human rights implications

[Head of Service or Manager]

Procurement

There are no procurement implications

[Head of Service & Section 151 Officer]

Asset Management

There are no asset management implications

[Head of Service & Manager]

 

7.        REPORT APPENDICES

 

Appendix A

 

 

8.        BACKGROUND PAPERS

 

None