Appointment of Sub-Committees

 

MAIDSTONE BOROUGH COUNCIL

 

Member and Employment and Development Panel

 

21 JANUARY 2015

 

REPORT OF HEAD OF POLICY AND COMMUNICATIONS

 

Report prepared by Caroline Matthews 

 

 

1.           Appointment of Sub-Committees

 

1.1        Issue for Decision

1.1.1   To consider the appointment of the Panel’s various Sub-Committees.

 

1.2        Recommendation of the Head of Policy and Communications

 

That the Panel appoint the Sub-Committees as set out in Appendix A.

 

1.3        Reasons for Recommendation

 

1.3.1   Set out below are the various Sub-Committees that the Panel need to appoint including their terms of reference, membership and political balance requirements.  It is possible to appoint a Sub-Committee which is not politically balanced, and the arrangements for such appointments are set out in paragraph 1.3.7 below.

1.3.2   Performance Sub-Committee

Terms of Reference:        To review annually the performance of the
                                      Chief Executive and Directors, to agree
                                      targets for the coming financial year, and
                                      agree any corrective action which may be
                                      required relating to the previous financial
                                      year.

Membership:                   5 x Members

Political Balance:             2 x Conservative, 2 x Liberal Democrat
                                     1 x Labour



1.3.3   Appeals Sub-Committee

Terms of Reference:          To hear and determine appeals against
                                       decisions taken by the Chief Executive
                                       under the disciplinary or capability
                                       procedures or to hear grievances raised
                                       against the Chief Executive under the
                                       grievance procedure.

Membership:                    3 x Members

Political Balance:              2 x Conservative, 1 Liberal Democrat

1.3.4   Chief Officers Appeals Sub-Committee

Terms of Reference:         To hear and determine appeals under the
                                      disciplinary procedures for staff on the JNC
                                      Conditions of Service for Chief Officers of
                                      Local Authorities.

Membership:                   5 x Members

Political Balance:              2 x Conservative, 2 Liberal Democrat,
                                      1 x Labour

1.3.5   Investigatory Sub-Committee

Terms of Reference:        To act as an investigatory committee in
                                     disciplinary matters for staff on JNC
                                     Conditions of Service for Chief Officers
                                     of Local Authorities.

Membership:                  5 x Members

                                     Note:  Members of this Sub-Committee must
                                     be different to those appointed to serve on
                                     the Chief Officers Appeals Sub-Committee

Political Balance:            2 x Conservative, 2 Liberal Democrat,
                                    1 x Labour

1.3.6   Joint Consultative Sub-Committee

Terms of Reference:       A consultative forum for views to be
                                    expressed between both parties (the Council
                                    and the Unions) on the Committee regarding
                                    the following issues relating to the
                                    employment of staff by the Council but
                                    excluding individual cases:

                                    - Health and Safety Issues at Work
                                    - Changes in Staff Structures
                                    - Terms of Conditions of Employment

                                    Such views are referred to the appropriate
                                    Council Decision Making Body.

Membership:                 8 x Members

Political Balance:           4 x Conservative, 3 x Liberal Democrat,
                                    1 x Labour

1.3.7   Section 17 of the Local Government and Housing Act 1989 provides
for exceptions to the political balance requirements.  In essence, the Panel 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 Panel and when the alternative arrangements are put to the vote at the Panel, no members of the Panel votes against them.

1.4        Alternative Action and why not Recommended

 

1.4.1   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.

 

1.5        Impact on Corporate Objectives

 

1.5.1   None.

 

1.6        Risk Management

1.6.1   Failure to appoint the Sub-Committees could create difficulties for the Council in undertaking the functions delegated to them.

 

1.7        Other Implications

1.7.1    

1.      Financial

 

 

 

2.           Staffing

 

 

 

3.           Legal

 

 

 

4.           Equality Impact Needs Assessment

 

 

 

5.           Environmental/Sustainable Development

 

 

6.           Community Safety

 

 

7.           Human Rights Act

 

 

8.           Procurement

 

 

9.           Asset Management

 

 

 

1.8        Relevant Documents

 

1.8.1   Appendices

Appendix A – Proposed Membership for the Member and Employment and Development Panel Sub-Committees.

 

1.8.2   Background Documents

None.

 

 

IS THIS A KEY DECISION REPORT?                  THIS BOX MUST BE COMPLETED

 

 


Yes                                               No

 

 

If yes, this is a Key Decision because: ……………………………………………………………..

 

…………………………………………………………………………………………………………………………….

 

 

Wards/Parishes affected: …………………………………………………………………………………..

 

……………………………………………………………………………………………………………………………..