Part 3 - Appendix 2
– Joint Committee Terms of Reference
Guildford Borough
Council and Waverley Borough Council Joint Senior Staff Committee
– Composition and Terms of Reference
The Joint Senior Staff Committee is to be
established in accordance with Section 102 (1) (b) of the Local
Government Act 1972 (Appointment of committees).
1.
Membership
The Joint Senior
Staff Committee shall comprise 6 Councillors, being the respective
Leader of each Council plus two Councillors appointed by Guildford
Borough Council (one of whom shall be the Leader of the principal
Opposition Group) and two Councillors appointed by Waverley Borough
Council (one of whom shall be the Leader of the principal
Opposition Group). The Committee shall be politically balanced for
each Council in accordance with the provisions of the Local
Government and Housing Act 1989.
2.
Appointment
Appointments shall
be made in accordance with the Local Government (Committees and
Political Groups) Regulations 1990.
3.
Quorum
The quorum for a
meeting of the Joint Senior Staff Committee shall be 3 members
(subject to each Council being represented at any meeting by at
least 1 member).
4.
Time & location of
meetings
The venue and
commencement time for meetings of the Joint Senior Staff Committee
shall be determined by the Joint Monitoring Officer in consultation
with the Leader of each Council, and shall normally alternate
between the Civic Office of each Council.
5.
Chairman
The Joint Senior
Staff Committee shall be chaired by the Leader of the Council at
whose civic office the meeting is held. In their absence the
meeting will be chaired by the Leader of the Council not hosting
the meeting. In the absence of both Leaders, the chair will be
elected by the meeting on the basis of a majority vote.
6.
Voting
Decisions of the
Joint Senior Staff Committee shall be made by a majority vote of
those members present and voting. A vote will be taken either by
way of a show of hands or by electronic means. The Chairman shall
have no second or casting vote. In circumstances where a majority
decision cannot be made by the Joint Senior Staff Committee, the
delegation of powers and function to the Committee, relating to
that decision, will immediately cease. Any such decision will be
referred to each Council for determination.
7.
Role
Adopting and
exercising such of the functions of Guildford Borough Council and
Waverley Borough Council (“the Councils”) as can be
delegated by those Councils in respect of the appointment and
disciplinary action relating to the Councils’ Joint Chief
Executive, Joint Chief Officers and Joint Deputy Chief Officers as
provided for by the Local Authorities (Standing Orders) (England)
Regulations 2001 (as amended) or any successor regulations.
8.
Frequency of meetings
Meetings will be
arranged by the Joint Monitoring Officer in consultation with the
Leader of each Council, on such occasions as is necessary to
determine any business within its terms of reference.
9.
Substitute members
In the event of an
appointed Councillor being unable to attend any meeting of the
Joint Senior Staff Committee, the relevant Political Group Leader
may appoint a Substitute Member, from the same Council, provided
that prior written notice of such substitution is given to the
Monitoring Officer by 5pm the working day prior to the meeting.
10.
Delegations
The Joint Senior
Staff Committee may arrange for the discharge of their functions by
an Officer and in doing so will set out clearly any limits upon
such delegation.
11.
Working Groups
The Joint Senior
Staff Committee may establish working groups to assist them in
their work and in doing so will set clear terms of reference for
them. Such working groups shall not be decision-making bodies.
12.
Sub-Committees
The Joint Senior
Staff Committee may establish sub-committees consisting solely of
the Members of one Council, to consider matters relating only to
that Council.
13.
Officer Employment Procedure
Rules
The Joint Senior
Staff Committee shall operate in compliance with the Officer
Employment Procedure Rules adopted by each Council into their
Constitution.
14.0 Functions and
Responsibilities
14.1 Joint
Chief Executive/Head of Paid Service
(i)
Subject to (ii) below, to undertake and determine on behalf of the
Councils all aspects of the process for the recruitment and
selection of the Joint Chief Executive/Head of Paid Service,
including final approval of the terms and conditions of employment
(based on current provisions) for that post.
(ii)
The final decision as to the appointment of the joint Chief
Executive/Head of Paid Service shall be reserved to each Council,
and subject to no material or well-founded objection to the making
of an offer of appointment being received by the Leader of either
Council on behalf of their respective Executives.
(iii)
To determine pension discretions relating to the Joint Chief
Executive/ Head of Paid Service.
(iv)
To consider any financial settlement of an affected employee who is
unsuccessful in respect of the selection of the Joint Chief
Executive/Head of Paid Service, and to make recommendations as
appropriate for formal approval by each Council.
(v)
To confirm into post, or otherwise, the successful candidate
following any probationary or trial period.
(vi)
To be responsible for ad-hoc employment matters affecting the Joint
Chief Executive/Head of Paid Service post, including consideration
and determination of any ‘cost of living’ pay
award.
(vii)
To be responsible, subject to viii) below for any disciplinary
action regarding the Joint Chief Executive / Head of Paid
Service.
(viii)
The final decision to dismiss the Joint Chief Executive / Head of
Paid Service shall be reserved to each Council and shall be subject
to no material or well-founded objection to the proposed dismissal
being received by the Leader of either Council on behalf of their
respective Executives.
14.2
Joint Statutory Officer posts
(i)
Subject to (ii) below, to undertake and determine on behalf of the
Councils all aspects of the process of recruitment and selection of
any Joint Statutory Officer post.
(ii)
The final decision as to the appointment of any Joint Statutory
Officer posts shall be reserved to each Council and, subject to no
material or well-founded objection to the making of an offer of
appointment being received by the Leader of either Council on
behalf of their respective Executives
(iii)
To determine pension discretions relating to any Joint Statutory
Officer posts.
(iv)
To consider any financial settlement of an affected employee who is
unsuccessful in respect of the selection of any Joint Statutory
Officer posts, and where necessary to make recommendations as
appropriate for formal approval by each Council.
(v)
To be responsible for ad-hoc employment matters affecting any Joint
Statutory Officer posts.
(vi)
To be responsible, subject to vii) below, for any disciplinary
action regarding any Joint Statutory Officer.
(vii)
The final decision to dismiss any Joint Statutory Officer shall be
reserved to each Council and shall be subject to no material or
well-founded objection to the proposed dismissal being received by
the Leader of either Council on behalf of their respective
Executives.
14.3
Joint Strategic
Directors
(i)
Subject to (ii) below, to undertake and determine on behalf of the
Councils all aspects of the process for the appointment of any
Joint Strategic Director.
(ii)
The appointment of any Joint Strategic Director shall be subject to
no material or well-founded objection to the making of an offer of
appointment being received by the Leader of either Council on
behalf of their respective Executives.
(iii)
To determine pension discretions relating to any Joint Strategic
Director.
(iv)
To consider any financial settlement of an affected employee who is
unsuccessful in respect of the selection and appointment of any
Joint Strategic Director, and where necessary to make
recommendations as appropriate for formal approval by each
Council.
(v)
To be responsible for ad-hoc employment matters affecting any Joint
Strategic Director post.
(vi)
To be responsible, subject to vii) below, for any disciplinary
action regarding any Joint Strategic Director.
(vii)
The dismissal of any Joint Strategic Director shall be subject to
no material or well-founded objection to the proposed dismissal
being received by the Leader of either Council on behalf of their
respective Executives.
15. Servicing the
Joint Senior Staff Committee
The Joint Senior Staff Committee shall be
serviced by staff as agreed between the Democratic Services
Managers of each Council.
The Joint Senior Staff Committee will be
supported by professional advisors including legal advisors or
human resources advisors as appropriate. The views of such advisors
must be taken into account.
16. Meetings of the
joint senior staff committee shall be conducted in accordance with
the following procedure:
1.
A meeting of the Joint Senior Staff Committee shall be summoned by
the Joint Monitoring Officer who shall give a minimum of five clear
working days’ notice (or less in the case of urgency).
2.
Meetings of the Joint Senior Staff Committee shall be held in
public except in so far as the matters for decision relate to
issues which can be dealt with in private in accordance with
Section 100A (4) and (5) of the Local Government Act 1972 (as
amended) and the Committee resolve to exclude the public.
3.
The order of business at meetings of the Joint Senior Staff
Committee shall include the following:
(a)
Apologies for Absence and Substitute Members;
(b)
Declarations of Interests;
(c)
Agreement and adoption of the Minutes of the previous meeting;
(d)
Matters set out in the agenda for the meeting;
(e)
Matters not set out in the agenda for the meeting but which the
chairman agrees pursuant to Section 100B (4) (b) of the Local
Government Act 1972 (as amended) should be considered at the
meeting as a matter of urgency.