Agenda item

It is recommended that Council considers this report and the attached annexes and: 

1.    Notes the early draft of the outline Heads of Terms of the Inter Authority Agreement contained in Annexe 1 (Exempt) to this report, and that significant further work is necessary to clarify the detail required to agree the Heads of Terms, and that a further report will be submitted to the Council to agree the final Heads of Terms.

2.    Approves, subject to consultation, the draft job description, in respect of the appointment of a Joint Chief Executive as set out in Annexe 2 (Exempt); and to agree the following as recommended by South East Employers in their paper outlining human resources issues which is attached as Annexe 3 (Exempt):

a.            That the title of the new role be Joint Chief Executive (rather than Joint Managing Director). 

b.            That the employing authority should be the existing employer if an internal candidate is appointed. 

c.             That the salary for the new Joint Chief Executive post be a spot salary of £150,000 p.a. including all allowances, duties, and statutory responsibilities with the exception of election duties. 

d.            That the new Joint Chief Executive post is ring-fenced for recruitment from the internal pool of affected employees in the first instance and that if no internal appointment is made then the role shall be advertised externally. 

e.            That, subject to final approval by the Joint Appointments Committee the terms and conditions of employment for an internal appointment will be the existing terms and conditions of the employing authority. 

3.    Approves the establishment of a Joint Appointments Committee and its proposed composition and terms of reference, as set out in Annexe 4.

4.    Subject to recommendation (3) above, to confirm the following appointments to the Joint Appointments Committee:

·                      The Leader of the Council, Councillor Paul Follows 

·                      The Deputy Leader of the Council, Councillor Peter Clark 

·                      The Leader of the Principal Opposition Group, Councillor Stephen Mulliner  

5.    To agree that redundancy and any settlement costs incurred as a result of moving to a Joint Chief Executive shall be shared equally between the Councils and that any pension strain costs (if applicable) will remain the responsibility of the employing authority of the affected officer. It is noted that the cost sharing arrangement for the remainder of the collaboration project will form part of the Inter Authority Agreement.

6.    To agree that the costs referred to in recommendation (5) above be funded from General Fund reserves. 

34.1     At 6.40pm the Chief Executive left the room and did not return for the duration of this item.

34.2     The Leader of the Council moved the recommendations and amendment to the draft job description for a Joint Chief Executive which was duly seconded by Councillor Clark.

34.3     Councillor Hyman spoke on the amendment.  The Mayor called for a vote on the amendment which was agreed by assent.  The Mayor proceeded to the debate on the substantive recommendations as amended. 

34.4     Councillor Mulliner expressed concern over the pace at which the matters were progressing, the relatively small cost savings forecast, the lack of a detailed Inter Authority Agreement (IAA) and the implications for Waverley of the decisions taken.  He sought assurances that irrevocable decisions would not be taken until the appropriate scrutiny had been carried out.  Councillor Jenny Else echoed the concerns over the lack of detail in the draft Heads of Terms.  She felt that the job should be advertised externally, the risk assessment had not been completed sufficiently and the equalities implications had not been given proper consideration.  Councillor Goodridge also expressed concerns over the savings forecast and that the recruitment should be opened up and the job advertised externally.

34.7     The Leader responded to the comments and questions raised in relation to cost and the recruitment process and at the invitation of the Mayor, David Maycock, Employment Director at South East Employers, advised that the Local Government and Housing Act required local authorities to appoint on merit; and the Employment Relations Act required local authorities to ringfence those posts at risk of redundancy and therefore a balance would need to be sought when making decisions on this matter.

34.8     Councillor Gray sought clarification on the allowance received by the postholder for election duties.  The Strategic Director (s151 officer) advised that the returning officer role was a separate employment with a separate payment, the amount of which would be determined on the type of election taking place and therefore it was not possible to give a typical figure.

34.9     Councillor Dickson welcomed the progress made on the collaboration to date and asked whether the role should be advertised externally in the interests of equality and diversity.  Councillor Cosser felt that the recruitment should not be ringfenced to the current postholders as the current proposal would not ensure that both councils were getting the best candidate.  Councillor Peter Martin spoke on the recommendations and echoed earlier concerns over the recruitment process. 

34.10   Councillor Clark urged Councillors to approve the recommendations to enable the Joint Chief Executive to be appointed and begin the work to achieve further savings.  Councillor Hyman sought clarification on the apportionment of the costs and savings and felt that the IAA should be made available before making a decision and given appropriate scrutiny.

34.11   In response, the Leader advised that the IAA would be led by the new Joint Chief Executive and each stage of the process would return to both full Councils for a decision.  David Maycock advised that there was no hierarchy of legislation, both Acts would need to be weighed against each other.  There was a legal duty on local authorities to minimise the number of redundancies and therefore the advice was to attempt to recruit internally first.

34.12   Councillor Merryweather reminded Councillors of the need to make savings and that the approach proposed by Local Partnerships would help to deliver savings.   In response to Councillor questions, David Maycock advised that he had not been involved in the recruitment of joint chief executives in other boroughs and therefore could not comment on those processes; and that in the event of there only being one candidate, that candidate would still need to go through the recruitment process.  In response to a Councillor question, the Strategic Director (s1515 officer) advised that the 2019 Parliamentary Election had attracted a returning officer payment of £2815 but reiterated that this would vary depending on the election.  He clarified that the Electoral Registration Officer and Returning Officer roles were separate statutory roles.

34.13   Councillor Mulliner sought clarification on the two separate pieces of legislation.  In response David Maycock advised that each candidate would go through a rigorous recruitment process and set out the risks of a claim of unfair dismissal.  He reiterated the independent advice of South East Employers to carry out an internal recruitment process in the first instance.  Councillors Rosoman, Gale, Cockburn, Peter Martin, Adams, Williams and Hunt also spoke on this item.  In response to a Councillor question, the Borough Solicitor gave advice on the process for appointing the best person for the role.

34.14   In response to questions from Councillors, the Leader advised that the Chief Executive had been consulting with staff in relation to the collaboration with Guildford throughout the process and there would also be a formal consultation process with the candidates.  The Members of the Joint Appointments Committee would receive training from South East Employers prior to the recruitment process commencing and their recommendation would be considered by both Councils. 

34.15   The Leader summed up and thanked all those who had spoken for their constructive questions and debate.  He requested a recorded vote, in accordance with Procedure Rule 17.4, supported by five Members and it was

RESOLVED that

(1)  the early draft of the outline Heads of Terms of the Inter Authority Agreement contained in Annexe 1 (Exempt) to this report be noted, and that significant further work is necessary to clarify the detail required to agree the Heads of Terms, and that a further report will be submitted to the Council to agree the final Heads of Terms.

(2)  subject to consultation, the draft job description in respect of the appointment of a Joint Chief Executive as set out in Annexe 2 (Exempt) as amended be approved; and the following as recommended by South East Employers in their paper outlining human resources issues which is attached as Annexe 3 (Exempt) be agreed:

(a)  That the title of the new role be Joint Chief Executive (rather than Joint Managing Director).

(b)  That the employing authority should be the existing employer if an internal candidate is appointed.

(c)  That the salary for the new Joint Chief Executive post be a spot salary of £150,000 p.a. including all allowances, duties, and statutory responsibilities with the exception of election duties.

(d)  That the new Joint Chief Executive post is ring-fenced for recruitment from the internal pool of affected employees in the first instance and that if no internal appointment is made then the role shall be advertised externally.

(e)  That, subject to final approval by the Joint Appointments Committee the terms and conditions of employment for an internal appointment will be the existing terms and conditions of the employing authority.

(3)  the establishment of a Joint Appointments Committee and its proposed composition and terms of reference, as set out in Annexe 4 be approved.

(4)  Subject to recommendation (3) above, the following appointments to the Joint Appointments Committee be confirmed:

·         The Leader of the Council, Councillor Paul Follows

·         The Deputy Leader of the Council, Councillor Peter Clark

·         The Leader of the Principal Opposition Group, Councillor Stephen Mulliner

(5)  that redundancy and any settlement costs incurred as a result of moving to a Joint Chief Executive shall be shared equally between the Councils and that any pension strain costs (if applicable) will remain the responsibility of the employing authority of the affected officer. It is noted that the cost sharing arrangement for the remainder of the collaboration project will form part of the Inter Authority Agreement.

(6)  that the costs referred to in recommendation (5) above be funded from General Fund reserves.

For (26)

Councillors Baker, Beaman, Blishen, Clark, D’Arcy, Davidson, Dickson, Follows, Gale, Heagin, Hunt, MacLeod, Penny Marriott, Peter Marriott, Merryweather, Mirylees, Neale, Nicholson, Palmer, Reed, Paul Rivers, the Mayor, Councillor Robini, Rosoman, the Deputy Mayor, Councillor Ward, Wicks and Williams.

Against (18)

Councillors Adams, Cockburn, Cosser, Ellis, David Else, Jenny Else, Floyd-Douglass, Foryszewski, Goodridge, Gray, Henry, Howard, Hyman, Isherwood, Peter Martin, Mulliner, Potts and Sadler.

Abstentions (0)