EMPLOYMENT COMMITTEE |
23 May 2017 |
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Is the final decision on the recommendations in this report to be made at this meeting? |
Yes |
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Appointment of Sub-Committees |
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Final Decision-Maker |
Employment Committee |
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Lead Head of Service |
Angela Woodhouse, Head of Policy and Communications |
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Lead Officer and Report Author |
Caroline Matthews, Democratic Services Officer |
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Classification |
Public |
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Wards affected |
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This report makes the following recommendations to this Committee: |
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That
the Committee appoint to the Sub-Committees as set out in paragraph 2.3 of
the report
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This report relates to the following corporate priorities: |
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· Keeping Maidstone Borough an attractive place for all - none · Securing a successful economy for Maidstone Borough - none |
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Timetable |
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Meeting |
Date |
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Employment Committee |
23 May 2017 |
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Appointment of Sub-Committees |
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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 The
Director of Finance and Business Improvement held discussions with the Group
Leaders of both the Independent and UKIP political parties in October 2016 and
it was agreed that the Group Leader for the Independents would be appointed to
the Sub-Committees where indicated for the remainder of the municipal year 2016/17
and that the Group Leader for UKIP would be appointed for the municipal year
2017/18.
2.3 The
allocation for the Sub-Committees for Employment Committee would be as
follows:-
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 Conservatives, 2
Liberal Democrats and 1 Independent or UKIP)
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)
The Investigatory Sub-Committee would deal
with disciplinary matters for protected officers
Panel to consist of 3 Councillors (politically balanced at 1 Conservative, 1
Liberal Democrat and 1 UKIP or Independent)
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 1 Conservative, 1 Liberal Democrat
and 1 UKIP or Independent)
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 1
Conservative, 1 Liberal Democrat and 1 UKIP or Independent)
2.4 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. If the political balance of the Council were to change these arrangements would have to be reviewed.
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.
3.2 The Committee may choose not to have politically balanced Sub-Committees and agree that they will be made up from members of the Employment Committee.
4.
PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS
4.1 The preferred option would be to appoint to the Sub-Committees as set out in paragraph 2.3.
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5. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION
5.1 Once the appointments are made, these will be held for the new municipal year 2017/18.
6. CROSS-CUTTING ISSUES AND IMPLICATIONS
Issue |
Implications |
Sign-off |
Impact on Corporate Priorities |
There are no impacts on corporate priorities. |
Head of Policy & Communications |
Risk Management |
Failure to appoint to these Sub-Committees could create difficulties for the Council in undertaking these functions |
Head of Policy & Communications |
Financial |
There are no financial implications |
Section 151 Officer & Finance Team |
Staffing |
There are no staffing implications |
Head of Policy & Communications |
Legal |
The recommended option relating to the appointment of the Sub-Committees will comply with the provisions of the Local Government and Housing Act 1989 (the Act) and the Council’s Constitution. The Committee can decide to remove the need for political balance on the sub-committees using the procedure under Section 17 of the Act as set out in the report. |
Interim Deputy Head of Legal Partnership |
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 Policy & Communications |
Community Safety |
There are no community safety implications |
Head of Policy & Communications |
Human Rights Act |
There are no human rights implications |
Head of Policy & Communications |
Procurement |
There are no procurement implications |
Head of Policy & Communications |
Asset Management |
There are no asset management implications |
Head of Policy & Communications |
7. REPORT APPENDICES
Appendix A
8. BACKGROUND PAPERS
None