Members are asked to consider whether they have personal or prejudicial interests in connection with any item(s) on this agenda and, if so, to declare them and state what they are.

Members of the Committee were requested to declare whether they had an interest, either personal or prejudicial, in any item on the agenda and, if so, to declare it and state the nature of such interest. No such declarations were made.

Councillor Green queried how many Members might have had any direct input into the production of any of the reports on the agenda and that if so they should declare it.

The Leader of the Council responded that as Leader he took an interest in all the reports coming before the Committee. The Chair commented that as Chair of the Committee he maintained fairly close contact with a number of officers.

The Director of Law, HR and Asset Management stated that it was a report writer’s responsibility to put forward all the relevant information to ensure Members could make an informed decision.

To receive the minutes of the meetings held on 9 June and 11 August, 2011.

The Committee was requested to receive the minutes of the meetings held on 9 June and 11 August, 2011.

In respect of minute 5 (9/6/11) the Head of HR and Organisational Development informed the meeting that in respect of the upgraded payroll system she suggested that this would best be done as a workshop to enable Members to see the system in operation.

Resolved – That the minutes of the meetings held on 9 June and 11 August, 2011, be approved.

The Director of Law, HR and Asset Management submitted a report which provided an update on the People Strategy achievements for 2010/2011 and which presented the draft, refreshed People Strategy Implementation Plan for 2011-12. The aim of the Strategy was to ensure that the Council had an effective and productive workforce to meet its current and future objectives, the principles being that people who were well led, healthy, motivated and developed were more likely to deliver effectively.

Responding to questions from Councillor Green, the Head of HR and OD stated that the pace, priorities and emphasis of the Activity Plan might be influenced by the recent report on corporate governance.

Resolved –

(1) That the People Strategy achievements for 2010-2011 be noted.

(2) That the People Strategy Implementation Plan for 2011-12 be approved.

The Director of Law, HR and Asset Management submitted a report which set out the details of the proposed revised Whistleblowing Policy and procedure.

On 14 April 2011, Cabinet had accepted a report from an independent investigation undertaken by Martin Smith into allegations of bullying and abuse raised by Martin Morton, a former employee in Adult Social Services. The Cabinet resolved, inter alia, to:

“(3) (a) - instructs the Chief Executive Designate to ensure that the Council’s policies in relation to Harassment Bullying and Victimisation (HBV); Grievances; and Whistleblowing are all reviewed as a matter of urgency: with a view to incorporating those changes and improvements recommended by Mr Smith (and all other provisions that officers consider appropriate), to ensure that the policies are up to date and fit for purpose;

(3) (b) - following completion of (a) above, a timely and comprehensive programme of training for all Council managers be put in place to ensure that the revised policies are understood and applied throughout the Authority;

(3) (d) - the Chief Executive takes all necessary action to ensure that Resolution 3(a) (relating to the Council’s corporate governance arrangements for dealing with employees’ complaints) is implemented as soon as practicable;”

The Director’s report addressed specifically the Council’s Whistleblowing policy and procedure. Further reports would follow to this Committee in relation to harassment, bullying and victimisation, grievances, and upon a Council case work system, with details of the training packages to support their effective implementation.

It was critical for the Council to have a clear, robust and transparent policy and procedure for dealing with Whistleblowing disclosures. The revised policy and procedure was designed to strengthen current arrangements and ensure that any concern about the Council’s business matters which could adversely affect service users, employees, and / or the public could be raised and fully investigated without employees fearing the consequences of doing so.

Adoption of the policy and subscription to an external, independent organisation to allow employees to seek advice and guidance on issues of concern would enable the Council to demonstrate its full commitment to the highest standards and integrity of public service.

Responding to comments from Members the Director and Head of HR and OD sought to clarify the roles of the Chief Executive and the Chair of the Audit and Risk Management Committee in the Whistleblowing process. A whistleblower not happy with a response could seek a review of the available evidence through the Chief Executive who might consult with the Chair of the Audit and Risk Management Committee and that, if they, the whistleblower, were still unhappy with any further response there would be the option to refer the matter to an external body, a course of action which was always open to the whistleblower. The Head of HR and OD acknowledged the need for the policy to be more explicit in this regard.

The Leader of the Council suggested that a seminar / workshop could be held for Members on the policy particularly as the Council  ...  view the full minutes text for item 21.

The Director of Finance submitted a report which outlined the Bribery Act 2010, and set out its implications for Wirral Council and also the sanctions which were applicable to the Council, in the event of a prosecution under the Act.

A period of consultation preceded the implementation of the Act which was initially planned for 1 April 2011. Following the period of consultation the implementation date was delayed and on 30 March 2011 the Ministry of Justice announced that the implementation date would be 1 July 2011. The Anti Bribery Policy was approved by Cabinet on 2 June 2011 (minute 14 refers) and recommended for consideration and approval at this Committee.

Resolved – That the Anti-Bribery Policy, submitted as Appendix 1 to the report, be approved.

The Director of Law, HR and Asset Management submitted a report updating the Committee on the current attendance management position.

A breakdown of sickness absence figures for Quarter 1 and comparative data for 2008/9, 2009/10 and 2010/11, by quarter and by full year, was shown in appendix 1 to the report. Sickness levels for Quarter 1 (2.09 days) showed an improvement against both previous years (2.51, 2.49 and 2.76) with six out of seven departments showing an improvement on the corresponding quarter the previous year.

The Head of HR and OD, responding to comments from Members, stated that the figures for the Department of Adult Social Services were the highest across the Council, a consistent pattern across other local authorities, and work was continuing in targeting the higher levels of absence there. She outlined how the self serve system would work, which would give accurate up to date information with automatic alerts when triggers were reached.

Resolved – That the report and current sickness absence data be noted.

The Director of Law, HR and Asset Management submitted a report which gave a summary of the monitoring and analysis of the Council’s workforce for 2010/11 (1 April 2010 to 31 March 2011) and the proposed outcomes and actions to be taken as a result. Appendices to the report fulfilled the Council’s specific employment duties in relation to employment for race, gender and disability.

In respect of the overall workforce numbers, the Head of HR and OD reported that the next report would show a 17-18% drop in the workforce numbers, taking account of the numbers of employees who had left through the EVR/VS exercise.

Resolved – That the report be noted.

The Director of Law, HR and Asset Management, submitted a report providing an update on the management of workforce change and outlined progress on the successful redeployment of employees throughout the Council.

There were currently 16 people on the redeployment register.

Resolved – That the report be noted.

The Director of Finance submitted a report which recommended changes to the management of the Revenues, Benefits & Customer Services Division which now incorporated libraries, following the release of employees through early Voluntary Retirement and Voluntary Severance Scheme (EVR/VS). The vast majority of staffing changes had been agreed under delegation by the Director of Finance and Head of Human Resources as they related to posts graded up to and including spinal column point 49. Two posts required Committee approval as they were graded above point 49. No additional funding was required for these changes.

Resolved -

That the following changes to posts in the Revenues, Benefits and Customer Services Division of the Finance Department, graded above spinal column point 49 and to be contained within current divisional budgets, be approved:

·  The post of Principal Income Officer (PO3) be deleted and the post Council Tax Manager (EPO2) be retitled Revenues Manager and be graded (EPO6).

·  The post of Head of Customer Services (EPO2) be regraded to (EPO6) to reflect the additional duties and responsibilities of the post.

The Interim Director of Corporate Services submitted a report which sought the Committee’s approval to appoint an Inward Investment Manager to carry out targeted inward investment activities, promoting Wirral as a business investment location to drive economic growth and create new jobs within the Borough.

It was proposed that the post be established at grade EPO8, located within the Investment Strategy team in the Corporate Services Department, and would be funded from existing resources.

Resolved – That the establishment of a post of Inward Investment Manager, EPO8, within the Corporate Services Department and funded from within existing resources, be approved.

The Interim Director of Corporate Services submitted a report which sought the Committee’s approval for the creation of a new post of Social Enterprise Manager within the existing Invest Wirral structure of the Corporate Services Department. The post would be responsible for developing and managing social enterprise services which would deliver business support to new and existing social enterprise projects in the Borough. The post holder would work closely with social entrepreneurs in forming new ventures, support existing social enterprises to identify barriers to success, develop and implement strategy and facilitate the development of core organisational infrastructure.

It was proposed that the post would be established at grade PO10 and funded from resources secured within the budget for 2011/12.

Resolved - That the establishment of a post of Social Enterprise Manager, PO10, within the Corporate Services Department to work with existing social enterprises and to support the development of new social enterprises, be approved.

Item Deferred

The Head of HR and OD informed the Committee that this item would be brought to a future meeting.

The minutes of the Employment and Appointments Sub-Committee held on 14 July, 2011, are submitted for information.

The minutes of the Employment and Appointments Sub-Committee meeting held on 14 July, 2011 were submitted for information.

Resolved – That the minutes be noted.

The minutes of the Appeals Sub-Committee meetings held on 9 and 16 June, 26 Julyand 9 August, 2011 are submitted for information.

The minutes of the Appeals Sub-Committee meetings held on 9 and 16 June, 26 July, and 9 August, 2011 were submitted for information.

Resolved – That the minutes be noted.

The Interim Director of Adult Social Services submitted a report on the proposed restructure of his department following the Early Voluntary Retirement and Voluntary Severance exercise (EVR/VS). 

The Cabinet received a report at its meeting on 22 September, 2011 (minute 131 refers) outlining restructuring proposals for the department in which it recommended that the Employment and Appointments Committee approve the establishment of a number of posts that were above spinal column point 49. Budgetary provision of £900,000 had been identified to implement the overall revised staffing structure.

Responding to questions from Members about the timing of the re-structure, given the pending appointment of a new Director, the Head of HR and OD said that this was important at this time due to the need to re-structure following the re-provision of services and the number of voluntary leavers. The re-structured department had been developed based on service blocks with sufficient flexibility for further re-structure. It was important to provide stability at this time. A new Director might wish to come back with further proposals.

Resolved -

(1) That the re-structuring of the Department of Adult Social Services from four Branch Service Areas to five Branch Service areas, including the creation of the Joint Safeguarding Adults and Children branch with the Department of Children and Young People, be approved.

(2) That the following posts be established:

(i)  The Interim Head of Adults’ Service provision now to be re-designated to Head of Personal Support post DCO3a (£66,017 – £73,352) on a permanent basis.

(ii)  The post of Interim Head of Safeguarding post DCO3a (£66,017 – £73,352) on a permanent basis. This post to be 50% funded from Adult Social Services and 50% funded from Children and Young People’s Department.

(iii)A new post of Principal Manager – Regaining Independence, EPO6 (£43,900 - £46,423) within the Personal Assessment and Planning branch.

(iv)A new post of Principal Manager – Support Provision EPO6 (£43,900 - £46,423) within the Personal Support Branch.

(v)  A new post of Principal Manager – Specialist Needs, EPO10 (£47,297 - £49,827) within the Personal Support Branch.

(vi)A new post of Principal Manager – Early Support and Advice, EPO6 (£43,900 - £46,423) be established (£43,900 - £46,423) Community Services.

(3) That the post of Integrated Commissioning Manager, EPO6 be deleted.

(4) That Committee notes that a delegated report will be presented to the Chief Executive, Director of Finance and Head of HR/OD proposing to establish 31.3 posts below spinal column point 49 and delete a further 14 posts as part of the overall restructure of the Department.

The Leader of the Council commented that the Chief Executive’s report referred to the previous interim management arrangements put in place by the previous administration and queried whether any members of the Committee who had had an influence on the previous management arrangements needed to declare an interest.

Some Members expressed concern that the report on the Interim Management Arrangements had only appeared at very short notice, giving very little time to read what was a very detailed report. Councillor Johnston having only received the report at 2.30pm that afternoon.

It was moved by Councillor Green and seconded by Councillor Mrs L Rennie, that –

“Consideration of the report be deferred until Members had had a full opportunity to look at all the issues contained within the report and an opportunity to discuss these with colleagues.”

The motion was put and lost (4:5 on the Chair’s casting vote).

The Chief Executive then introduced his report on proposed management arrangements, which contained 13 recommendations and with the Committee’s permission, circulated a 14^th.

Members indicated that they would have a number of questions and that some of the questions could lead to the identification of individuals referred to in the exempt part of the report. The Committee, in accordance with minute 34, then went into exempt session to consider the details contained within the exempt part of the report.

The public may be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information.

RECOMMENDED –

That in accordance with section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business, on the grounds that they involve the likely disclosure of exempt information as defined by the relevant paragraphs of Part 1 of Schedule 12A to that Act. The public interest test has been applied and favours exclusion.

Resolved - That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined by paragraph 1 of Part I of Schedule 12A (as amended) to that Act. The public interest test has been applied and favours exclusion.

Further to minute 32 ante, the Committee considered the exempt appendix to the Interim Director of Adult Social Services’ report.

Resolved – That this Committee appoints, on a permanent basis, as from 30 September, 2011:

(i)  Christine Beyga to the post of Head of Personal Support, DCO3a, and;

(ii)  Caroline McKenna to the post of Head of Joint Adults’ and Children’s Safeguarding, DCO3a.

Further to minute 33 ante, the Committee considered the details of the Chief Executive’s report on Interim Management Arrangements.

He responded to a number of comments from Members on the details contained within the report and appendices and assured the Committee that he had spoken to those officers referred to in the report, who were currently out of the country and that they were aware of the recommendations. Considerable care had been taken in making the recommendations, all of which were consistent with the Council’s own internal processes.

The Chief Executive also spoke of his admiration for the work of David Armstrong in his role as Interim Director of Children’s Services and paid tribute to the successful way in which he was running the department.

Councillor McArdle moved the 14 recommendations in the Chief Executive’s report and this was seconded by Councillor Foulkes.

The Committee then considered and voted upon each recommendation in turn, and it was –

Resolved -

(1) (5:3) That the Director of Finance be appointed as Deputy Chief Executive and Director of Finance for a fixed period until the end of April 2012, and that for the time being Corporate Performance Management be placed under the Deputy Chief Executive.

(2) (8:0) That the Cabinet Committee be asked to consider the creation of a dedicated Policy Unit working directly to the Chief Executive, and the creation of a new post of Head of Policy Unit.

(3) (5:4 on the Chair’s casting vote) That the post holder of Interim Head of Corporate Planning, Engagement and Communications be assigned to a newly designated post of Head of Communications and Community Engagement with the responsibilities set out in paragraph 5.9 of the report.

(4) (5:3) That the posts of Director of Regeneration, Housing and Planning; Head of Strategic Development and Regeneration and Head of Housing be established on a permanent basis and that an appropriate recruitment process to fill these posts be commenced.

(5) (8:0) That the post of Head of Personal Support in the Department of Adult Social Services be established on a permanent basis and the current post holder be appointed (see minutes 32 and 35 ante).

(6) (8:0) That the post of Head of Joint Adults and Children’s Safeguarding be established on a permanent basis and that the current post holder be assimilated into this post (see minutes 32 and 35 ante).

(7) (5:3) That the post of Head of Finance and Performance in the Department of Adult Social Services be established on a permanent basis, and that a recruitment process to fill the post is commenced.

(8) (8:0) That the Interim Director of Children’s Services be asked to continue as the Acting Director of Children’s Services for a further year on a fixed term basis, and that an external  recruitment process takes place to ensure that a new Director of Children’s Services is in post by the end of September 2012.

(9) (8:0) On the new Director of Children’s Services taking up post, the current Interim  ...  view the full minutes text for item 36.

The Director of Law, HR and Asset Management provided details of allegations of serious or gross misconduct made against employees and advised of the action taken in each case.

A Member commented that it would be helpful to have information in the report on any cases that went to Employment Tribunals.

Resolved – That the report be noted.