Present:-

Councillors Hart (Chairman), Clatworthy, Connett, McInnes and Westlake

*22 Minutes

RESOLVED that the minutes of the meeting held on 23 January 2014 be approved as a correct record.

23 Pay Policy Statement 2014/15

The Committee considered the Joint Report of the County Solicitor and Head of Human Resources (HR/14/100) on changes impacting upon the Constitution and Pay Policy Statement for 2014/15 relating to the role and responsibilities of People s Heads of Services for the Child Adult Protection, Children s Social Work and Adult Social Care functions and to the terms and conditions of the Director of Public Heath. The Report also outlined variations required to current protocols and procedures to ensure that where consultants/interim managers might be engaged to undertake senior positions, and were not employees of the Council, the requirements of the Pay Policy Statement nonetheless needed to be complied with, notwithstanding the view that ideally the Council should appoint full-time Officers.

It was MOVED by Councillor Clatworthy, SECONDED by Councillor Parsons, and

RESOLVED

(a) that the County Council endorse the continued engagement of Ms F Fitzpatrick as Head of Children s Social Work and Child Protection via a consultancy arrangement until 31 March 2015 and endorse the changes to the manner in which the discharge of the Council s functions is co-ordinated within the children s social work/child protection and adult social care service areas outlined in Report HR/14/100, as summarised below;

(b) that the process for appointing a permanent replacement be made in good time prior to the arrangements at (a) above coming to an end, as necessary (e.g. commencing in September 2014);

(c) that the increase in salary of the Director of Public Health, in line with existing terms and conditions of employment, be noted.

* DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00pm and finished at 2.13pm

CHIEF OFFICER EMPLOYMENT PROCEDURE RULES

1 These Rules shall be regarded as Standing Orders of the Council for the purposes of The Local Authorities (Standing Orders) (England) Regulations 2001 ('the 2001 Regulations').

2 An Appointments and Remuneration Committee will make recommendations, as appropriate, to the Council with regard to the appointment, remuneration, conditions of service and cessation of employment (including any terms upon cessation) of Chief Officers and Heads of Service, as defined in the Council s Pay Policy Statement and the Committee s Terms of Reference, and any person to be engaged as a consultant or interim manager. The Committee will comprise of the Leaders of the Party Groups and two Cabinet Members nominated by the Leader of the Council (one of whose remits shall, normally, be responsible for the relevant service area within which the Officer would be employed).

3 In addition to the requirements of paragraph 2 above, the Council will have due regard to guidance issued by the Faculty of Public Health and Public Health England on the appointment and remuneration of the Director of Public Health.

4 The appointment, remuneration, conditions of service and cessation of employment (including any terms upon cessation) of all other officers, as defined in the Council s Pay Policy Statement, shall be the responsibility of the Head of Paid Service or his/her nominee and shall not be made by members, except in circumstances where terms upon the cessation of employment require Council approval, in line with statute or guidance issued by the Secretary of State, where paragraphs 8.2 and 8.3 will apply.

5 The appointment, remuneration, conditions of service and cessation of employment (including any terms upon cessation) of an assistant to a political group shall be made in accordance with the wishes of that political group.

6 In all cases, due regard will be given to the Council s employment policies and statutory regulations and guidance.

7.0 Recruitment and appointment

7.1 Declarations

7.1.1 The application of any candidate for appointment shall state whether he or she is the parent, grandparent, partner, child, stepchild, adopted child, grandchild, brother, sister, uncle, aunt, nephew or niece of a member or another officer of the Council or is the partner of such a person. Partners include husbands, wives and civil partnerships.

7.2 Seeking support for appointment

7.2.1 The Council will disqualify any applicant who directly or indirectly seeks the support of any member for an appointment with the Council. The content of this paragraph shall be included in any recruitment information.

7.2.2 No member shall lobby on behalf of a candidate for an appointment with the Council.

7.3 Appointment of Chief Officers and Heads of Service

7.3.1 The Appointments and Remuneration Committee will:

7.3.1.1 draw up a job description and specification setting out the duties of the post and the experience, knowledge, skills and qualifications to be sought in the person to be appointed;

7.3.1.2 determine the remuneration and other terms and conditions for the post, taking into account the Pay Policy Statement, employment policy and statutory regulations and guidance

7.3.1.3 make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it and for a copy of the job description and approved terms and conditions of the post to be sent to every applicant

7.3.1.4 undertake a selection process for all qualified applicants

7.3.1.5 make a recommendation to the Council upon an appropriate appointment.

7.3.2 The Appointments and Remuneration Committee will normally be advised by the Head of Human Resources provided that in relation to remuneration issues where appropriate it will be advised by the Director of South West Provincial Employers, or other suitably qualified person or organisation.

7.3.3 In the event that the Committee is unable to make an appointment, it will be responsible for agreeing what alternative arrangements will be made.

8.0 Determination of the pay, remuneration and terms in the event of the cessation of employment for Chief Officers and Heads of Service

8.1 Pay and remuneration

8.1.1 The Appointments and Remuneration Committee will:

8.1.1.1 make recommendations to the full Council on pay and remuneration, in line with the Council s Pay Policy Statement;

8.1.1.2 for the Director of Public Health, make recommendations in line with national Director of Public Health pay levels;

8.1.1.3 determine any requirement for a formal review of the relevant pay market;

8.1.1.4 where necessary, commission relevant research and analysis and make recommendations thereon.

8.2 Terms upon the cessation of employment

8.2.1 On ceasing employment, the Appointments and Remuneration Committee will determine and make recommendations to the Council whether any payments should be made. Such payments will only be made:

8.2.1.1 In circumstances where compensation is justified (for example on the grounds of redundancy) and

8.2.1.2 In accordance with statutory regulations and guidance and

8.2.1.3 In accordance with the Council s employment policies including the policy statement on employer severance and pension discretions allowed under the Local Government Pension Scheme and/or

8.2.14 Where they comply with the specific term(s) of a Settlement Agreement.

8.3 In making recommendations the Committee shall take account of any data, advice, evidence or views collected from appropriate sources, including the Council s HR function, National and/or Regional Employers Organisations, independent external pay data and submissions made by the Association of Local Authority Chief Executives on behalf of their members.

9.0 Employment Procedures for Chief Officers and Heads of Service

9.1 Matters relating to redundancy, permanent ill-health, expiration of fixed term contracts and/or grievances will be dealt with under established local policies and processes.

9.2 Disciplinary Action

9.2.1 Any decision to take disciplinary action against or to dismiss any employee of the County Council shall be in line with the Council s Disciplinary Policy. In the case of the Director of Public Health this will be in line with Public Health England national policy.

9.2.2 No disciplinary action (including dismissal) shall be taken by the Appointments and Remuneration Committee except for suspension against the Head of the Paid Service, the Monitoring Officer or the Chief Finance Officer other than in accordance with a recommendation in a report made by a Designated Independent Person acting in accordance with Regulation 7 of the 2001 Regulations. Any such suspension shall be on full pay and terminate no later than the expiry of two months from the day on which the suspension takes effect.

The County Council
		Corporate Leadership Team
Phil Norrey Chief Executive (Head of the Paid Service) (Chair)
Heather Barnes Strategic Director, Place						Jennie Stephens Strategic Director, People
				In attendance
Jan Shadbolt County Solicitor (Legal Services Communications) (Monitoring Officer)			Virginia Pearson Director of Public Health					Mary Davis County Treasurer (Chief Finance Officer)
Legal Services Communications					Legal Services Registration of Births, Marriages and Deaths HM Coroners Communications Democratic Services Scrutiny (Scrutiny Officer: Rob Hooper)
Finance					Finance Services
Human Resources					Human Resources Workforce Development
Business Strategy Support Services Public Health					Information and Communications Technology Procurement Services Corporate Asset Strategy Land Property Management (inc. facilities management) Customer Services Public Health ADVA MARACS
Place Economy Enterprise					Economic Development and Regeneration European Relations Training Development of Employability Skills
Planning, Transportation Environment					Spatial, Minerals and Waste Planning Environmental Climate Change School Place Planning Policy Formulation Development Management Historic Environment Countryside Management
Highways Capital Development Waste					Capital Programmes Waste Management Highways Management and Operations Traffic Management Control and Enforcement Engineering and Transport Public Rights of Way Flooding Risk
Services for Communities					Community Strategy Localism Policy Organisational Development Performance Improvement External Affairs Community Safety Trading Standards Emergency Planning Heritage, Arts Culture Libraries and Archives Community Learning Transport Co-ordination Services
People Children s Social Work Services Child Protection					Children s Social Work Children s Safeguarding Placement Services and Adoption Fostering Services Young People s Services Youth Offending Atkinson Unit
Education Learning					School and Educational Performance School Transport School Admissions Special Educational Needs Alternative Educational Provision School Improvement Services 14-25 Further Education
Social Care Commissioning					Strategic Planning Commissioning of Social Care Services Quality Assurance Compliance of Regulated Services Prevention and Early Intervention Services Early Years Services Direct Payments, Personal Brokerage Targeted Support
Adult Social Care					Adult Care Management (including older people, disability services, adult mental health and adult learning disabilities) Adult Safeguarding In-house Service Provision Residential, Day Enabling Provision for older people and adults with disabilities