Agenda item

The Committee is recommended to make the resolutions set out in the report at item 7.

(Report and appendices to follow).

The Executive Head of Legal and Democratic Services addressed the Committee and introduced the proposed Officer Employment Procedure Rules. She explained that The Local Authorities (Standing Orders) (England)(Amendment) Regulations 2015 amended statutory process for dismissing the Head of Paid Service, Monitoring Officer and Chief Finance Officer (“the relevant officers”). The 2015 Regulations outlined a new process to be followed and to be incorporated into Council constitutions and sets out specific arrangements that need to be applied to appointment and dismissal of Chief Officers and Deputy Chief Officers (effectively the ‘Joint Management Team’ between Waverley Borough Council & Guildford Borough Council). She explained that currently WBC does not have a set of procedure rules in place which deal with these requirements. She noted the proposed changes to the Terms of Reference of the ‘Joint Appointments Committee’ in Appendix 4 and highlighted the Committee’s expanded responsibilities including their involvement in appointment, discipline and dismissal of a Senior Officer as set out in Appendix 4, including the change of name to the ‘Joint Senior Staff Committee’.

The Committee raised a query about the use of the term ‘Proper Officer’ throughout the proposed Officer Employment Procedure Rules document and whether this can be specified in the Introduction and Definitions section under part 1.1 of Appendix 1.  The Executive Head of Legal and Democratic Services explained that the Proper Officer is a term set out within the Scheme of Delegation and if this is incorporated into the Officer Employment Procedure Rules, there is a risk of the document becoming outdated if there is a change in future.

The Committee therefore recommended that an amendment is made to the Introduction and Definitions section under part 1.1 of Appendix 1, to include a reference to the relevant clause within the Scheme of Delegation which defines the ‘Proper Officer’.

There was discussion about the proposed re-naming of the Joint Appointments Committee to the ‘Joint Senior Staff Committee’ and potential confusion amongst Councillors about this being an all-staff Committee. Cllr Hyman suggested that the Committee could consider renaming it the ‘Joint Senior Staffing Committee’. The Officers advising the Committee did not feel this would be a point of confusion and noted that any change would be subject to approval from the Guildford Borough Council’s Corporate Governance Committee and Full Council because it is a Joint Committee. The Executive Head of Legal and Democratic Services further advised that this Committee could make a recommendation to Full Council ‘subject to the approval of the Guildford Borough Council Full Council’, however it was advised that this mechanism should only be utilised for serious amendments that have been flagged up by the Committee.

The Executive Head of Legal and Democratic Services further advised, in response to queries from Members, that comments from this Committee can be relayed through herself to the GBC Corporate Governance and Standards Committee on 18 January 2024 for recommendation to the GBC Full Council. Members of the Committee did not feel that an amendment to the name would be necessary.

The Committee discussed the procedure for appointing a Statutory Officer and questions were raised about the distinction between the employing authority (Waverley Borough Council) and the role of the Guildford Borough Council as the Joint Authority. A question was raised about paragraph 3.1 in Appendix 1 and the Committee sought clarity around the process of appointment and designation by both Councils.

The Executive Head of Legal and Democratic Service informed Members that an offer of employment for Statutory Officers would not be made before the formal resolution of designation from the Full Council. The Executive Head of Legal and Democratic Services confirmed that Waverley Borough Council is the employer and will enter into an employment contract with the individual, however, as the role is a joint appointment between both councils, the offer of employment would be subject to approval from both Full Councils. She further noted an example of the distinction between the appointment of the ‘Joint Chief Executive’ role and the designation to the role of the’ Head of Paid Service’ as the Law constitutes that the Council must designate this position. Members were satisfied with the explanations provided.

The Chair invited the Committee to vote on the recommendation set out in part 2 of the report, subject the amendments mentioned in the discussion.

There was a unanimous vote in favour.

The Committee therefore resolved to recommend that Full Council;

1.      Approves the new proposed Officer Employment Procedure Rules as set out in Appendix 1 to the report for formal adoption into the Waverley Borough Council Constitution, subject to: a reference to the ‘Proper officer’ being included in the Introduction and Definitions section (1.1) with reference to the relevant descriptions in the Scheme of Delegation, with Delegated authority to the Executive Head of Legal and Democratic Services to make the amendment, and;

2.      approves the revised Terms of Reference for the Joint Appointments Committee and name change to reflect its expanded responsibilities to the new Joint Senior Staff Committee, as set out in Appendix 4, to the report, for formal adoption into the Waverley Borough Council Constitution, and;

3.      agrees to the Officer Scheme of Delegations to be amended to provide authority for the Monitoring Officer to convene an Independent Panel, as provided for in the Officer Procedure Rules, where necessary.