MAIDSTONE BOROUGH COUNCIL
MEMBER AND EMPLOYMENT AND DEVELOPMENT PANEL
4TH JULY 2011
REPORT OF HEAD OF HUMAN RESOURCES
Report prepared by Dena Smart, Head of HR Shared Services
1. HR WORK PROGRAMME 2011-2012
1.1 Issue for Decision
1.1.1 To agree the HR work programme for 2011-2012
1.2 Recommendation of the Head of Human Resources
1.2.1 That the Member and Employment and Development Panel (MEDP) note the work areas that are delegated to the panel.
1.3 Reasons for Recommendation
1.3.1 The delegations to the MEDP are set out in Appendix 1 as agreed by full Council.
1.3.2 The importance of the work of the panel is particularly in relation to the non-Executive functions relating to staffing matters on behalf of full Council.
1.3.3 Due to the nature of the work undertaken this can vary considerably as to the demands upon the panel in any year. The main areas of work and the anticipated demand upon the panel this year is set out below.
1.4 Key Work Areas
1.4.1 Recruitment and Selection of Chief Executive and Directors
This is a time consuming process for the panel when it is required. The Council usually engages the services of an external agency to assist with the process but the short listing, interview and selection process is undertaken by the panel. With the size of the current panel it is likely that this would be a sub-committee formed for the purpose.
It is not possible to predict when this activity will be undertaken in the future as and when required.
1.4.2 Annual Performance Review Chief Executive and Directors
A Sub Committee of the panel will be responsible for the annual appraisal of the Chief Executive and will agree the annual performance targets. The current appraisal form and guidance notes can be viewed on the intranet and the 2011 appraisal is in the minutes of this meeting.
The role of the panel for the Chief Executive is as the appraiser, for the Directors the MEDP take a grand-parent role and review the appraisal that has taken place between the Chief Executive and Director.
The performance management processes within the Council enable employees to progress through the incremental scale of their grade subject to satisfactory performance. This review takes place mid year and is held by the Leader and the Chairman of the MEDP.
The time table for the 2011-12 appraisal periods is at Appendix 2.
This responsibility of the MEDP is an annual event and where Members have not been involved on previous occasions training will be provided before the appraisal takes place.
1.4.3 Terms and Conditions for staff (including the Chief Executive)
This is a non-Executive function; however there is often a close relationship between the decisions related to terms and conditions and budget implications. When such a decision is taken that has a financial implication for the Medium Term Financial Strategy the report will also need to go to the Cabinet for agreement.
The work of the MEDP on this area is not routine and does not occur every year. In 2011-12 there should however be at least one report on the area of pay scales for all grades to be considered.
One area of terms and conditions that are delegated to the MEDP as a non-Executive function is that of the Pension Discretions. With the level of anticipated pension changes following the Hutton Review this is likely to need a change to the policy in the near future.
1.4.4 Discipline, Capability and Grievance
The role of the MEDP is to investigate disciplinary matters against the Chief Executive or to hear appeals by the Chief Executive. It is also to hear appeals from members of staff against a disciplinary penalty awarded by the Chief Executive or to hear a grievance against the Chief Executive.
Any action taken on these matters would be by a Sub Committee and in the past have been very rare.
1.4.5 Member Development
The MEDP will receive the Training Needs Analysis (TNA) from the Learning and Development Manager on an annual basis with a proposal for the budget commitment and a training plan. The TNA will have been developed in consultation with Members from all parties and from officers in areas of the Council which regularly interact with Members.
The MEDP can influence the training plan so that it reflects the needs of Members and the organization as a whole and may recommend the plan for implementation.
1.4.6 Trade Union Consultative Forum
There is a very collaborative approach to employee relations at the Council and internal disputes are rare. The trade union, HR and managers work together to ensure that matters are dealt with fairly and equitably and over the last few years this has ensured that we have dealt with change in a constructive manner.
The MEDP gives an opportunity for the trade unions to directly influence the Members of the Council when they feel that a matter is not being appropriately dealt with by management or when they firmly disagree with a decision. One example may be the annual pay award; if the trade unions feel that they have reached an impasse with management the MEDP Sub Committee will be called to enable them to address their views direct to Members. In this instance the MEDP is not the decision making group as the pay award is a budgetary matter so the MEDP would then make recommendations to the Cabinet.
1.5 Impact on Corporate Objectives
1.5.1 A proper process for non-Executive functions is linked to Corporate and Customer Excellence.
1.6 Risk Management
1.6.1 There is no specific risk associated with this report as it is for information only. The report is to ensure that the MEDP is properly briefed on its work for the year.
1.7 Other Implications
1.7.1
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1. Financial
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2. Staffing
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x
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3. Legal
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x |
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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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1.7.2 As this report is for information only there are no specific implications but in most cases the work brought forward to the MEDP will have legal and staffing implications.
1.8 Relevant Documents
1.8.1 Appendices
Appendix 1: Delegated Functions to the MEDP
Appendix 2: Appraisal timetable
1.8.2 Background Documents
None
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IS THIS A KEY DECISION REPORT?
Yes No
If yes, when did it first appear in the Forward Plan?
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This is a Key Decision because: ..
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Wards/Parishes affected: ..
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Appendix 1
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Committee and Membership |
Functions |
Delegation of Functions |
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Member and Employment and Development Panel
12 Members of the authority (including at least two members of the Executive) |
a) To consider the applications received for the posts of Chief Executive and Directors and to compile a short list for interview and subsequently to interview and make appointments (in the case of the Chief Executive any appointment is subject to confirmation by the Full Council).
b) 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.
c) To consider all other matters concerning the terms and conditions of service of the post of Chief Executive, and to recommend accordingly the Council.
d) Power to determine terms and conditions on which staff hold office (including procedures for their dismissal.)
e) To hear and determine appeals under the disciplinary procedures for staff on the JNC Conditions of Service for Chief Officers of Local Authorities
f) 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.
g) To act as an investigatory committee in disciplinary matters for staff on JNC Conditions of Service for Chief Officers of Local Authorities
h) To advise the Cabinet Member for Corporate Services and the Head of Human Resources on Member development priorities where appropriate.
i) A consultative forum for views to be expressed between both parties 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 Works - Changes in Staff Structures - Terms of Conditions of Employment Such views are referred to the appropriate Council Decision Making Body.
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Sub Committee comprising 5 Members
Sub Committee comprising 5 Members
Sub Committee comprising 3 Members
Sub Committee comprising 5 Members (who must be different from those comprising the sub committee under (e) above
A sub committee comprising of 8 Members of the Authority and 8 Trade Union Representatives (6 representatives from UNISON, 1 representative from TGWU and 1 representative from GMB
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Appendix 2
Appraisal Process Timetable Chief Executive and Directors 2011 -2012
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Process |
Dates |
Papers Required |
Deadlines |
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Chief Executive Appraisal and Director review with MEDP |
17th March 2011 |
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Mid Year Review CEO with Chair of MEDP and Leader; |
By mid September 2011 |
Appraisal documents with agreed objectives and development plan to be reviewed and up-dated |
Paperwork to be ready and circulated to Leader & Chair of MEDP by 7 September 2011 with a view to meeting on 14 September 2011 |
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Mid Year Review - Directors with CEO |
After 14 September 2011 |
Appraisal documents with agreed objectives and development plan to be reviewed and up-dated |
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Chief Executive preparation Documents complete for circulation to EDP |
January 2012 |
Previous years appraisal & Mid Year Review Knowledge, Skills and Performance Standards Strategic Direction Competency Framework Appraisal Preparation document Briefing note on appraisal preparation
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Papers to be with Democratic Services by 30 January 2012 for circulation with Agenda |
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Chief Executives appraisal |
w/c 6th February 2012 |
Appraisal produced from the meeting
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Meeting to be set propose Wednesday 8 February 2012 |
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Directors appraisals with CEO |
Between 9 & 15 Feb 2012 |
Directors appraisals then CEO to write up and agreed by Directors by 21 February 2012 |
Agenda to be published on 22 February 2012 |
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EDP review of Directors appraisal |
1st March 2012 |
Previous years appraisal & Mid Year Review Knowledge, Skills and Performance Standards Strategic Direction Competency Framework Appraisal completed by Chief Executive & Director |
All paperwork required by 21 February 2012 |