(County Council – 19th February 2014)
3.3
S38 (a)
3.4
S38 (a) and S40 (2)
3.5
Accordingly, the Panel
AGREED to accept the conclusion of the DIP’s
report S38 (a) and S40 (2)
.
3.6
The Panel then met as a formal Committee of the Council to consider a
proposal by the CEO to agree a settlement to enable her to leave the
Council. The Committee’s view was that this was the best possible
outcome that the Council could realistically achieve in the circumstances
and
AGREED to take a retrospective decision to enter into a Settlement
Agreement with the CEO. The terms of the Settlement Agreement were
within the delegation limits set for the Panel by the Council and in
summary were as follows:
(1) Payment of £40k as a single payment in lieu of 3 months
contractual notice.
(2) Termination of employment to be 14th February 2014.
(3) An agreed reference and internal and external statements.
This was, in effect, the Council’s original offer made to the Chief
Executive at the start of the process and seeks to protect as far as is
possible the reputation of the Council S38 (a) and S40 (2)
. The Panel’s decision means that
theS38 (a)
will not now be taken forward.
3.7
In the interests of transparency, the Settlement Agreement provides the
opportunity of some public communication but if members are
approached at this stage for comments by the press or public the
message should simply be to confirm that the CEO has left the Council
by mutual consent. If you continue to be pressed for comments then
please refer them to Simon Clifford. To comment further would put the
Council at risk of being in breach of the Settlement Agreement.
4. Implications
4.1.
Legal: The position outlined above has been agreed with the legal
representatives of both sides and seek to protect the Council’s interests as far
as is possible.
5.2
Impact Assessment: There are no direct implications to the Council’s
protected characteristics.
5.3
Business Risk: It was important for the sake of the Council that a mutually
acceptable settlement was reached in order for stability to be brought to the
senior management structure of the Council and clarify the Council’s
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(County Council – 19th February 2014)
leadership.
5.4
Financial: As set out above in terms of settlement costs. Legal costs to the
Council are unclear at this stage.
5. Background papers
5.1.
None
Note: For sight of individual background papers please contact the report author.
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