Meeting documents
Employment and Appointments Committee
Monday, 19th November 2007
Present
Chair
IO Coates
Councillors
GJ Ellis, JE Green, T Harney, Mrs P M Williams
Deputy
M McLaughlin (for Cllr PL Davies)
Index to Minutes
- Minute 51 - DECLARATIONS OF INTEREST
- Minute 52 - MINUTES
- Minute 53 - WIRRAL COUNCIL AND WIRRAL PARTNERSHIP HOMES – THE COMMUNITY FUND’S DISCRETIONARY FUND – ‘YOUR WIRRAL’
- Minute 54 - A DELIVERY TEAM FOR THE REGENERATION OF WIRRAL
- Minute 55 - INVESTMENT STRATEGY TEAM
- Minute 56 - PRESS & PUBLIC RELATIONS – FINANCE DEPARTMENT
- Minute 57 - LAND AND PROPERTY IT SYSTEM
- Minute 58 - LOCAL GOVERNMENT PENSION SCHEME REFORM TIERED EMPLOYEE CONTRIBUTIONS
- Minute 59 - BEST VALUE AUTHORITIES STAFF TRANSFERS (PENSIONS) DIRECTION 2007
- Minute 60 - CONSULTATION ON EXTENSION OF 85 YEAR RULE PROTECTION
- Minute 61 - SUBSISTENCE REIMBURSEMENTS
- Minute 62 - REGISTRATION OFFICERS – CHANGE IN EMPLOYMENT STATUS
- Minute 63 - MANAGEMENT OF ATTENDANCE AND PERFORMANCE
- Minute 64 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC
- Minute 65 - EARLY VOLUNTARY RETIREMENT REQUEST
- Minute 66 - ALLEGATIONS AGAINST EMPLOYEES
Minute 51 - DECLARATIONS OF INTEREST
Minute Text :
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.
Minute 52 - MINUTES
Minute Text :
The Committee was requested to receive the minutes of the meetings of the Employment and Appointments Committee held on 25 and 26 July, and 24 September, 2007, which were received by Council on 29 October, 2007.
Minute Decision :
Resolved - That the minutes be received.
Minute 53 - WIRRAL COUNCIL AND WIRRAL PARTNERSHIP HOMES – THE COMMUNITY FUND’S DISCRETIONARY FUND – ‘YOUR WIRRAL’
Minute Text :
The Director of Regeneration submitted a report which sought the Committee's approval to establish a “Your Wirral” Support Officer post, Scale 6 (£20,895 to £22,293 plus on costs), following the agreement of funding by Cabinet on 1 November 2007. Funding of the post would be met from the Your Wirral element of the Community Fund.
The Director outlined the duties of the post which was needed to oversee the process of distribution of the discretionary fund. The fund would provide grants of up to £5,000 to community and voluntary groups for projects, activities or items which met the Community Fund's broad objectives. Applications to the fund were not restricted by geographical area.
Minute Decision :
Resolved - That the establishment of the post of 'Your Wirral' Support Officer, Scale 6, within the Regeneration Department, be approved.
Minute 54 - A DELIVERY TEAM FOR THE REGENERATION OF WIRRAL
Minute Text :
The Director of Regeneration submitted a report which sought the Committee's approval to establish a new Regeneration Delivery Team for Wirral of 17 posts, based within the Regeneration Department.
The Council had been very successful over the past 12 years in attracting external funding to undertake regeneration in Wirral and it had used these funding sources to meet the cost of staff to deliver projects. Much of this time limited funding would cease in March 2008 and therefore the Council had had to consider different ways of delivering regeneration in Wirral. Various models had been explored during the development of the Council’s Investment Strategy and the one agreed by Cabinet on 16 August (minute 176 refers) was for the creation of an in-house regeneration team, but with the ability to buy in specialised short term resources when necessary.
Reporting to the Head of Housing and Regeneration it was proposed to have three teams; Neighbourhoods, Economic Programme and Finance and the report outlined the responsibilities of each of these teams. An appendix was submitted showing the proposed structure, the cost of which would be £721,522. Approximately £200,000 of this would be funded from previously agreed revenue funding, with additional costs being met from the Community Fund. The new structure would not accommodate all of the current staff working in the regeneration teams, the majority of whom were on time limited funding until March, 2008. In respect of the staff displaced, the Council would seek to redeploy them in accordance with the Redeployment Policy. However, should they not be redeployed their employment would be terminated on the grounds of redundancy.
Councillor Ellis expressed concern at the cost of these posts at a time when the Council was in such financial difficulties.
Councillor Green also expressed some nervousness in agreeing to these posts at a time when the Council needed to make some significant savings. He did, however, acknowledge that these posts had to have a level of priority because they were absolutely involved in delivering the investment strategy. He stated that there was a need for some capacity to bid into funds which the Government might release when the Chancellor's Comprehensive Spending Review became fully known and also of the need to have the right people in post.
In response both the Directors of Corporate Services and of Regeneration informed the Committee that delivering the investment strategy was a priority for the Council and that the additional funding required, to replace external monies, would not be from mainstream Council funding. Selection procedures would ensure that the right people were chosen for the posts.
Minute Decision :
Resolved - That the establishment of the Regeneration Team as outlined in Appendix 1 of the Director's report, be approved.
Minute 55 - INVESTMENT STRATEGY TEAM
Minute Text :
The Deputy Chief Executive / Director of Corporate Services submitted a report which sought the Committee's approval to establish a new Investment Strategy Team of 5 FTE posts within the Department of Corporate Services to provide policy and planning work in connection with Wirral Waters and related strategic regeneration developments.
The implementation of Wirral Waters would be delivered by Peel Holdings but the Council would need resources to manage the planning policy and the information to support the major planning applications which were expected over the next few years as part of Wirral Waters and the wider investment Strategy. In addition, the Council would need to ensure coherence between the Wirral Waters development and the other strategic developments across the Borough.
Cabinet had approved funding of £220,000 for the new Investment Strategy Team on 16 August (minute 176 refers), initially from the Community Fund budget.
Councillor Ellis queried how the cost of these posts could be justified at a time of financial crisis.
Councillor McLaughlin stated that there was general agreement at Cabinet that Wirral Waters was a very important project.
Councillor Green acknowledged also the importance of the project and the fact that the proposed investment transcended the cost of the posts.
In response to comments from Councillor Green, the Director of Regeneration stated that he would provide figures on how much the Community Fund would be providing year on year for the next 5 years.
Minute Decision :
Resolved - That the creation of the following 5 posts, to support the delivery of the investment strategy, within the Corporate Services Department, be approved:
1 x Investment Strategy Manager (EPO8)
2 x Senior Planning Officer (PO2/4)
1 x Senior Economic Project Officer (PO10)
1 x Admin Officer (Sc 2)
Minute 56 - PRESS & PUBLIC RELATIONS – FINANCE DEPARTMENT
Minute Text :
The Director of Finance submitted a report which sought the Committee's approval for the creation of a post of Press and Public Relations Officer, PO2 (£26,928 - £29,010) with specific responsibility for issues relating to the Finance Department and outlined the rationale for the proposal.
Cabinet on 1 November, (minute 329 refers) had agreed funding for this post from two sources: 50% contribution from the Pension Fund and 50% from the Insurance Fund, both areas of activity that would benefit significantly from appropriate media management. In keeping with the overall approach to media management it was proposed that the day to day management and supervision of this post would be undertaken by the Head of Marketing in the Corporate Services Department. Accordingly the post holder would be located with the Corporate Communications Team but would liaise with officers of the Finance Department to agree the approach to on going media relations and strategies.
Councillor Green stated that the Insurance Fund, having just returned a surplus of £1.4m to general balances, was already doing well without a dedicated Public Relations Officer and that the Pension Fund sold itself. He suggested that rather than a new post, a realignment of existing PR arrangements could accommodate the publicity needs of the Finance Department.
Councillor McLaughlin expressed some misgivings about making this appointment in advance of the full review of the Marketing and Tourism section.
Councillor Harney suggested that there was a task to be done for the Pension Fund as a lot of people were not joining when starting with the Council.
The Head of Marketing and Tourism, in response to comments from Members, informed the Committee that all Heads of Service had been asked to look at redeployment when filling posts. There were currently 7 Press Officers, one Head Press Officer, one part-time and 5 with Departmental responsibilities. There was a gap in expertise around finance and the pension fund. The review of the service was not just about saving money but delivering a customer centred service and there was no intention of filling the post prior to the report to Cabinet on 29 November.
It was moved and duly seconded that -
"The establishment of an additional post of Press and Public Relations Officer, PO2, with specific responsibility for the Finance Department, within the Corporate Services Department, be approved."
It was moved as an amendment by Councillor Green and seconded by Councillor Ellis that -
"The role of Press and Public Relations Officer, with specific responsibility for the Finance Department, be met from the reallocation of current duties within the Press and Public Relations Office notwithstanding the current review of the Tourism and Marketing Team."
The amendment was put and lost (2:4)
The motion was put and carried (4:2).
Minute Decision :
Resolved (4:2) - That the establishment of an additional post of Press and Public Relations Officer, PO2, with specific responsibility for the Finance Department, within the Corporate Services Department, be approved.
Footnote :
Councillor Harney declared a personal interest in this item as a member of the Pensions Committee.
Minute 57 - LAND AND PROPERTY IT SYSTEM
Minute Text :
The Director of Finance submitted a report which sought the Committee's approval to the creation of a post of Land and Property Systems Manager, PO10 (£33,315 - £35,772). Cabinet on 18 October 2007 (minute 307 refers) had approved the acquisition of a corporate Land and Property system and appropriate hardware together with the creation of a post for the implementation and future management of the system.
The duties of the post would cover two functions, managing the system implementation and then moving onto the ownership and development role. The post would be funded from the Service Re-engineering Investment budget at a cost of £47,900 per annum including oncosts.
Councillor Harney stated that the role of this Committee should be to focus on the job specification etc and the report needed to give reasons as to why the post should be graded at this level.
Councillor Green queried the need for the post and at the grade of PO 10. He stated that there had to be people across the authority with the skills for this role and suggested that the Department should look to see if there was a more cost effective way of delivering the outcomes required. He also suggested that the use of the service re-engineering investment budget for this post would be outrageous when there was no evidence that savings would be achieved in 3 years.
The Director of Corporate Services responded that the grading of the post had been assessed by his HR section in line with the job description produced by the Finance Department. The resources were not available elsewhere to do this job and it was critical to get the right person in post. He acknowledged that the report should be more orientated towards the terms of reference of this Committee.
On a motion by the Chair, duly seconded, it was -
Minute Decision :
Resolved (4:2) - That the establishment of a post of Land and Property Systems Manager, PO10, within the Finance Department, be approved.
Minute 58 - LOCAL GOVERNMENT PENSION SCHEME REFORM TIERED EMPLOYEE CONTRIBUTIONS
Minute Text :
The Director of Finance submitted a report giving details of the new arrangements for the introduction of tiered employee contributions from 1 April 2008. The Local Government Pension Scheme, Benefits, Membership and Contributions Regulations 2007 which would come into force from 1 April 2008 introduced tiered employee contributions ranging from 5.5% to 7.5% as shown in a table in the report.
The Department for Communities and Local Government (DCLG) had confirmed that the cost envelope for the new LGPS amounted to 19.4% of payroll for future LGPS service and this was made up of an expected yield of 6.3% of pay from employees (compared to 5.8% at present), plus 13.1% of payroll from Scheme employers.
In response to comments from Members, the Head of Support Services, Finance Department, informed the Committee that an actuarial review of the Pension Fund had just been completed and, although the amount of contributions from employees would increase, there would be no diminution of the Council contribution but rather a slowing down in the rate of increase.
Minute Decision :
Resolved - That the report be noted.
Minute 59 - BEST VALUE AUTHORITIES STAFF TRANSFERS (PENSIONS) DIRECTION 2007
Minute Text :
The Director of Finance submitted a report which informed Members of the publication of the Direction Order making the protection of employees’ pension rights on transfer a statutory requirement which came into force on 1 October 2007. Until the publication of this Direction Order pensions had not been covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), legislation intended to protect employees’ conditions of service on transfer under Best Value legislation to private contractors.
A recommendation that suitable pension protection should be provided had been included in the Government Guidance set out in the Cabinet Office: Statement of Practice for Staff Transfers in the Public Sector (2000) but a number of authorities had failed to act in accordance with the guidance to ensure suitable arrangements to protect pension rights. The Government had therefore made the Direction Order to make the provision of such protection a statutory requirement.
Minute Decision :
Resolved - That the report be noted.
Minute 60 - CONSULTATION ON EXTENSION OF 85 YEAR RULE PROTECTION
Minute Text :
The Director of Finance submitted a report which informed Members of consultation carried out by the Department for Communities and Local Government (DCLG) to review the current provisions regarding the 85 year rule tapered protections between 2016 and 2020 for certain active members of the Pension Fund. A response to the DCLG consultation had been approved by the Pensions Committee at its meeting on 25 September (minute 13 refers) and a copy was submitted as an appendix to the report.
Councillor Harney made a suggestion that future reports on such matters should refer to what this Committee had previously considered and not solely to the Pensions Committee.
Minute Decision :
Resolved - That the report be noted.
Minute 61 - SUBSISTENCE REIMBURSEMENTS
Minute Text :
In accordance with minute 35 (24/9/07), the Director of Finance submitted a report which provided further information to justify the recommendations, in particular in relation to overnight accommodation, in his report on the second review of Subsistence Allowances. In order to facilitate more appropriate booking of accommodation the Procurement Unit would seek to produce a contract for a preferred provider. The procurement of train and other travel arrangements would also be considered.
The amounts proposed for subsistence were for maximum amounts that would only be reimbursed on the production of a valid receipt. No reimbursement would be made where an officer had received a meal as part of the travel arrangements or at the venue or accommodation. Applying the increase shown in the table in the appendix attached to the report showed that overnight rates had increased; whilst only the day rates for Lunch and Evening Meal had increased over the rates approved from 1 October 2005.
In response to comments from Members, the Head of Support Services, Finance Department, informed the Committee that subsistence budgets for departments were cash limited.
Minute Decision :
Resolved -
(1) That the proposed new maximum reimbursement rates be implemented from 1 December 2007.
(2) That the rates continue to be reviewed on an annual basis by the Director of Finance.
(3) That the Director of Finance examine the options for a preferred provider in respect of accommodation and also for train and other travel arrangements and report back to this Committee.
Minute 62 - REGISTRATION OFFICERS – CHANGE IN EMPLOYMENT STATUS
Minute Text :
The Deputy Chief Executive / Director of Corporate Services submitted a report which set out the implications of the Statistics and Registration Service Act 2007 for the Council’s Registration Service staff.
Both the Registrar General and the registration officers were statutory office holders, with their duties set out in statute. Registration Officers were paid and appointed by local authorities but could only be dismissed by the Registrar General. They had no legal employer and as such had no access to employment tribunals. Through this Act, the Government had changed the employment status of registration officers by moving them into local government employment.
Part 2 of the Act provided for superintendent registrars, registrars and their respective deputies appointed under the Registration Service Act 1953 to become employees of the local authority that appointed them. It also provided for existing terms and conditions and pension rights to remain unaffected by the change of status and gave continuity of service for unfair dismissal and redundancy purposes. Existing responsibilities under the Registration Acts were unaffected.
The Act provided for the retention of existing terms and conditions and the transfer of liabilities when these office holders transferred to local authority employment. No agreement had been reached yet on the implementation date for the Act but it was likely to be before the end of the year. The number of Council employees would increase by 11(10.2 fte) members of staff when the Act was implemented. In practice, the staff would continue to be managed within the Democratic Services function of Legal and Member Services.
Minute Decision :
Resolved - That the report be noted.
Minute 63 - MANAGEMENT OF ATTENDANCE AND PERFORMANCE
Minute Text :
The Deputy Chief Executive / Director of Corporate Services submitted a report which updated the Committee on the management of attendance and performance throughout the authority. The BVPI defined absence level as of September 2007 stood at 9.95 days which was above the target set for 2007/8 of 9.20 days, but below the national target for Metropolitan Authorities of 10.50 days.
The Director also reported upon the steps being taken by departments to effectively manage sickness absence, related corporate initiatives, an analysis of the reasons for sickness absence and drew comparisons with a survey on sickness absence recently published by the Chartered Institute of Personnel and Development.
In response to comments from members, the Head of Human Resources outlined some of the initiatives for work / life balance and stated that options for agile working were currently being examined. Comparative data for sickness would be provided in future reports along with targets for each department.
Minute Decision :
Resolved - That the report be noted.
Minute 64 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC
Minute Text :
Minute Decision :
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.
Minute 65 - EARLY VOLUNTARY RETIREMENT REQUEST
Exempt :
NOT FOR PUBLICATION - Exempt by virtue of paragraph 1 of Part 1 of Schedule 12a (as amended) of the Local Government Act 1972.
Minute Text :
The Director of Adult Social Services submitted a report which sought the Committee's approval to the release of an officer from his department under Early Voluntary Retirement with Redundancy (but without enhancements) as part of a mini restructure. This change would result in a saving for the Department.
In response to comments from Members, the Director of Corporate Services stated that EVR was potentially available to all Council employees as long as two questions could be satisfactorily answered (i) would it achieve efficiency and (ii) was it affordable, the key test being affordability.
Members suggested that it would be useful to see some costs and benefits to the EVR scheme along with how savings could be achieved.
Minute Decision :
Resolved -
(1) That the Early Voluntary Retirement request of Mrs H, an officer within the Adult Social Services Department, be approved.
(2) That the Director of Corporate Services report back to the next meeting of this Committee on the policy for EVR and the associated costs and benefits to the employer and employee.
Minute 66 - ALLEGATIONS AGAINST EMPLOYEES
Exempt :
NOT FOR PUBLICATION - Exempt by virtue of paragraph 1 of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972
Minute Text :
In accordance with minute 27 (Personnel - 11/6/78) and minute 100 (Personnel - 18/12/78), the Director of Corporate Services advised the Committee of those incidents where allegations of serious misconduct had been made against employees of the Council and gave details of the action taken in each case.
Minute Decision :
Resolved - That the report be noted.
(Minutes Published: 27 November 2007)