To consider matters referred to the Council for determination, including:

A.  Report of the Interim Director of Finance

Council Tax Support Scheme

To give effect to the decision of the Council held on 17 December 2012 (minute 92 refers), the Council is requested to formally approve and adopt the Council Tax Support Scheme (to be circulated with the Council supplement).

In respect of B and C below, copies of the related reports can be provided for Council members on request.

B.  Employment and Appointments Committee – 20 December, 2012

Minute 52

Senior Management Restructure

C.  Cabinet – 20 December, 2012

Minute 149

Delegation on Employment Issues

The following items were considered by Cabinet and Employment and Appointments Committee at their meetings on 24 January. The relevant minutes will be provided in the Council supplement for the Council’s consideration.

D.  Cabinet – 24 January, 2013

Minute 165

Collection Fund 2012/2013

Minute 166

Council Tax Discounts – Annual Review

Minute 167

Council Tax Base

E.  Employment and Appointments Committee – 24 January, 2013

Minute 57

The Employment Contract of the Chief Executive and Head of Paid Service

The Leader of the Council thanked the many staff in the Department of Technical Services’ Highways Section for their commitment and hard work during the recent spell of cold weather.

A number of matters were submitted for approval by the Council, as follows:

A. The Council received a report from the Interim Director of Finance together with a full detailed Council Tax Support Scheme which the Council was requested to formally adopt, giving effect to the decision of Council on 17 December, 2012 (minute 92 refers).

B.  Employment and Appointments Committee – 20 December, 2012

Minute 52 - Senior Management Restructure

C.  Cabinet – 20 December, 2012

Minute 149 - Delegation on Employment Issues

D.  Cabinet – 24 January, 2013

Minute 165 - Collection Fund 2012/2013

Minute 166 - Council Tax Discounts – Annual Review

Minute 167 - Council Tax Base

E.  Employment and Appointments Committee – 24 January, 2013

Minute 57 - The Employment Contract of the Chief Executive and Head of Paid Service

Each matter was moved in turn by Councillor P Davies and seconded by Councillor G Davies and after some debate on items, A, B, C and E, and Councillor P Davies having replied, it was –

Resolved –

(1)  (55:7) (One abstention) - That the Local Council Tax Support Scheme, as set out in Appendix 2 to the report, be approved and adopted.

(2)  (62:0) (One abstention) – That minute 52 (Employment and Appointments Committee – 20/12/12) - Senior Management Restructure, be approved.

(3)  (55:7) (One abstention) – That minute 149 (Cabinet – 20/12/12) – Delegation on Employment Issues, be approved, but that the Chief Executive report quarterly, rather than annually to the Employment and Appointments Committee on the operation of the arrangements for conducting appeals.

(4)  (62:0) (One abstention) – That minute 165 (Cabinet – 24/1/13) - Collection Fund 2012 / 2013; minute 166 (Cabinet – 24/1/13) - Council Tax Discounts – Annual Review; and minute 167 (Cabinet – 24/1/13) - Council Tax Base, be approved.

Prior to a vote on item E (Minute 57 (Employment and Appointments Committee – 24/1/13) -The Employment Contract of the Chief Executive and Head of Paid Service), Councillor Green along with five Conservative Members, asked that a ‘card vote’ be recorded.

The Council divided as follows –

For the Motion (36) Councillors RL Abbey, J Crabtree, G Davies, P Davies, WJ Davies, D Dodd, P Doughty, S Foulkes, P Glasman, RJ Gregson, P Hackett, S Hodrien, M Johnston, AER Jones, C Jones, B Kenny, A Leech, M McLaughlin, CM Meaden, B Mooney, C Muspratt, S Niblock, T Norbury, D Realey, DE Roberts, J Salter, H Smith, PA Smith, W Smith, J Stapleton, M Sullivan, J Walsh, S Whittingham, I Williams, KJ Williams and J Williamson.

Against the Motion (26) Councillors C Blakeley, E Boult, A Brighouse, W Clements, T Cox, L Fraser, PN Gilchrist, JE Green, J Hale, T Harney, P Hayes, AC Hodson, K Hodson, M Hornby, P Kearney, SE Kelly, I Lewis, GD Mitchell, SR Mountney,  ...  view the full minutes text for item 98

The Head of Human Resources and Organisational Development submitted a report in relation to the Employment Contract of the Chief Executive and Head of Paid Service which, following the decision of the Cabinet (minute 177 (24 January 2013) refers) invited this Committee to recommend to the Council, at its meeting on 28 January 2013, that Graham Burgess be offered the position of Chief Executive and Head of Paid Service on a permanent basis. He had commenced employment on 3 September 2012 and his fixed-term appointment was due to expire in August 2014. She commented that whilst the Council retained a Chief Executive post, there would be a cost of employment regardless of whether it was a fixed term or permanent arrangement.

The recent Peer Challenge Review had concluded that significant progress had been made against the Improvement Plan and that the plans that were in place were appropriate, but came with a high risk. A permanent appointment would help reduce that risk as the review also stated that having the corporate leadership to deliver the improvement and change agendas was fundamental.

The Council required stability and leadership at Senior Management Level over a longer period of time which would allow the focus to remain on addressing the financial challenge facing the organisation while delivering the essential improvements required to the Council’s corporate governance. It was therefore recommended that the current Chief Executive and Head of Paid Service, Graham Burgess, be offered the post on a permanent basis and if accepted, be appointed accordingly.

The Leader of the Conservative Group expressed his view that although the Chief Executive had performed well since his appointment and that significant progress had been made against the Improvement Plan, there was no need to deal with the matter at the present time, given there was certainty in relation to his employment contract, which was not due to expire until 2014. Councillor Mrs Rennie echoed the comments of Councillor Green regarding the certainty of contract term and also questioned whether the recruitment process for the Chief Executive would send out the wrong message given the possibility that Council staff were facing redundancy and that the Chief Executive had been appointed without proper scrutiny.

The Leader of the Council referred to the potential risk of instability and uncertainty of a continued fixed-term arrangement in the context of such a challenging financial environment and referred to the potential negative impact on the Council’s medium and long term strategic and financial planning if the Council needed to start a further recruitment process. He commented also that the situation was inconsistent with the appointment by the Council of permanent Strategic Directors, whilst the Chief Executive remained on a short term contract. Councillor Johnston commented that the use of short term contracts should be avoided where possible and that the recommendation for the Chief Executive’s permanent appointment sent out a positive message in terms of stability and leadership of the Council.

On a Motion by Councillor P Davies and seconded by  ...  view the full minutes text for item 57