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 Panels 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
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2. Staffing
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3. Legal
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4. Equality Impact Needs Assessment
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5. Environmental/Sustainable Development
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6. Community Safety
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7. Human Rights Act
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8. Procurement
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9. Asset Management
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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: ..
..
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