Agenda item

The Committee considered a protocol to clarify the approvals process in relation to changes linked to senior managers' pay and appointments, following restructures and changes in responsibilities. The procedure provided additional guidance to both supplement and be consistent with the Officer Employment Procedure Rules and Terms of Reference of the Appointments Committee and Appointments Sub-Committee set out in the Council Constitution.

REsolved: That the Protocol as set out below, be approved:

1.         The proposed procedures set out below apply to roles that fall under the constitutional definition of Chief Officer and Deputy Chief Officer. These definitions are:

A.     Chief Officer

§   A  person for who the Council’s Chief Executive is directly responsible– this includes all statutory Chief Officers;

§   A person who, as respects all or most of the duties of the post, is required to report directly or is directly accountable to the Council’s Chief Executive;

§   Any person who, as respects all or most of the duties of the post, is required to report directly, or is directly accountable to, the Council itself or any Committee or Sub-Committee of the Council.

These are, currently;

§   Chief Executive (Head of Paid Service)

§   Deputy Chief Executive & Corporate Director Residents Services

§   Corporate Director of Finance (Chief Finance Officer)

§   Corporate Director of Social Care (Statutory Director of Adult Social Services and Statutory Director of Children’s Services)

§   Director of Public health (Statutory Director of Public Health)

§   Borough Solicitor (Monitoring Officer)

§   Head of Democratic Services (reports to Chief Executive)

§   Head of Human Resources (reports to Chief Executive)

B.    Deputy Chief Officer

§   A person who, as respects of all or most of the duties of the post, is required to report directly, or is directly accountable to, one or more of the statutory or non-statutory Chief Officers

For the purpose of this protocol, these are those that deputise in full for a Chief Officer in their absence, currently;

§   Deputy Director Infrastructure, Procurement, Waste Services and ICT

§   Deputy Director - Housing, Environment, Education and Health & Wellbeing

§   Deputy Director - Planning, Transportation and Regeneration

§   Head of HR, Performance Improvement and Communications

§   Head of Administrative, Technical and Business Support

§   Deputy Director of Public Health (reports to Statutory Chief Officer)

§   Deputy Director - Corporate Finance & Head of Operational Finance

§   Deputy Director - Strategic Finance

§   Head of Business Assurance

§   Head of Revenues and Benefits

§   Human Resources & Organisational Development Service Manager

§   Legal Services Managing Partner (reports to Statutory Chief Officer)

§   Deputy Director - Children's Services

§   Assistant Director - Early Intervention Prevention and Special Educational Needs and Disabilities (SEND)

§   Assistant Director - Adults and Physical Disabilities

§   Assistant Director - Mental Health and Learning Difficulties

§   Assistant Director - Provider and Commissioned Care

2.         This procedure does not apply to Chief Officer graded posts on JNC National Conditions of Service, which do not fall within the constitutional definitions outlined above. These officers’ pay will be determined through standard employment procedures.

PROCEDURES TO APPLY

Appointments

3.         All NEW appointments to the posts of Deputy Chief Executive and Corporate Director will be made by the Appointments Committee – with or without external competition. Additionally, the Appointments Committee will recommend to full Council any appointment for the post of Chief Executive and Head of the Paid Service.

4.         All NEW appointments to other Chief Officer, Statutory or Deputy Chief Officer posts will be made by the Appointments Sub-Committee - with or without external competition. Additionally, as set out in the Council’s Constitution, upon referral by the Leader of the Council, in conjunction with the Chief Executive, the Sub-Committee may interview and appoint any other Chief Officer on JNC National Conditions of Service.

5.         Where an established Chief Officer, Statutory or Deputy Chief Officer is affected by a restructure and a new or revised role is available, for more than one officer, a competitive selection process will be held via either the Appointments Committee or Appointments Sub-Committee, dependent on the post.

6.         Where an established Chief Officer, Statutory or Deputy Chief officer is affected by a restructure and a new or revised role is proposed for a single candidate to “transfer” into - this proposal will be approved by either the Appointments Committee or Appointments Sub-Committee, depending on the post - and either through interview or as a paper decision, as determined by the Chief Executive, in conjunction with the Leader of the Council.

7.         Any new appointment of a Chief Officer, Statutory or Deputy Chief Officer, following approval by the relevant Committee, is subject to the Officer Employment Procedure Rules regarding offers of appointment, which require the Head of Human Resources to notify the Leader of the Council / Cabinet seeking any objections to the appointment.

Remuneration Changes

8.         All changes to Chief Executive, Deputy Chief Executive and Corporate Director posts pay, grading and remuneration, including annual PADA related increases, will be ratified by an Appointments Committee.

9.         For all other Chief Officer, Statutory or Deputy Chief Officer posts, any annual PADA related increases, within existing approved grading scales, will be ratified by the relevant Corporate Director.

10.      In both instances above, these changes exclude any annual nationally negotiated cost of living pay increases, which will be applied automatically.

11.      Proposed permanent re-grades for Chief Officers, Statutory or Deputy Chief Officers (other than the Chief Executive, Deputy Chief Executive and Corporate Directors) will be evaluated by Human Resources and considered by the Corporate Management Team – with any new grade being approved by the Appointments Sub-Committee.

12.      Any temporary Additional Responsibility Allowances, temporary promotion or ‘acting-up’ arrangement for any Chief Officer, Statutory or Deputy Chief Officer (including the Deputy Chief Executive and Corporate Directors), must be for a prescribed duration and authorised by the Chief Executive, with sign-off by the Leader of the Council, before any payment, promotion or acting-up role is agreed (including any time extension to such arrangements).