Dear Copeland Borough Council,

Please can you set out in detail the recruitment process that was followed for the recent appointment of the Director of Commercial and Corporate Resources.

1. Where and how was the vacancy advertised?
2. Please supply me with a copy of the advertisement of the vacancy.
3. How many candidates applied?
4. How many candidates were shortlisted?
5. Who sat on the shortlisting panel and what is their role in the authority?
6. Who sat on the interview panel and what is their role in the authority?

In addition, please can you advise of the current salary of the Director of Commercial and Corporate Resources? Is the salary level that set by council in December 2015 and if not, please advise when the decision was taken to amend the salary and who made that decision.

The salaries of all council officers earning over £50,000 per annum should be clearly displayed on your website. I cannot find this information. Please therefore advise me of the current salary level of the Managing Director and of the Director of Customer and Community Services and advise when these salary levels were set and by whom.

Yours faithfully,

Sarah Johnson

Dear Copeland Borough Council,

Further to my initial FOI request, for the purpose of clarification please assume "salary" means the overall remuneration package, including basic salary plus any additional payments whether one off or continuing, including for example (but not limited to) market supplement, incentive payment, any additional payments to cover travel/accommodation costs, performance bonus, special responsibility allowance, S151 pay supplement etc.

Yours faithfully,

Sarah Johnson

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Ms Johnson,

 

I acknowledge receipt of your Request for Information under the Freedom of
Information Act 2000.

 

Your request is being considered and you will receive any recorded
information held by Copeland Borough Council within the statutory
timescale of 20 working days as defined by the Freedom of Information Act
2000, subject to the information not being exempt or containing a
reference to a third party.

 

For your information, the Act defines a number of exemptions, which may
prevent release of the information you have requested.  There will be an
assessment and if any of the exemption categories apply then the
information will not be released.  You will be informed if this is the
case, including your rights of appeal.

 

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you.  You will be informed if this is the case.

 

There may be a fee payable for this information.  This will be considered
and you will be informed if a fee is payable.  In this event the fee must
be paid before the information is processed and released.  The 20 working
day time limit for responses is suspended until receipt of the payment.

 

If you have any queries or concerns then please contact me.

 

Further information is also available from the Information Commissioner
at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone 01625 545700

[1]https://ico.org.uk/

 

Yours sincerely

 

 

Cliff Walker

Information Management Officer

Business Support

Copeland Borough Council

 

Tel: 01946 59 8529

Email: [2][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[3]www.copeland.gov.uk, [4][Copeland Borough Council request email]

[5]Description: cid:image001.png@01CE1E6D.7E7E5480

Working to improve lives, communities and the prosperity of Copeland

 

From: Sarah Johnson <[6][FOI #432461 email]

Dear Copeland Borough Council,

Please can you set out in detail the recruitment process that was followed
for the recent appointment of the Director of Commercial and Corporate
Resources.

1. Where and how was the vacancy advertised?
2. Please supply me with a copy of the advertisement of the vacancy.
3. How many candidates applied?
4. How many candidates were shortlisted?
5. Who sat on the shortlisting panel and what is their role in the
authority?
6. Who sat on the interview panel and what is their role in the authority?

In addition, please can you advise of the current salary of the Director
of Commercial and Corporate Resources? Is the salary level that set by
council in December 2015 and if not, please advise when the decision was
taken to amend the salary and who made that decision.

The salaries of all council officers earning over £50,000 per annum should
be clearly displayed on your website. I cannot find this information.
Please therefore advise me of the current salary level of the Managing
Director and of the Director of Customer and Community Services and advise
when these salary levels were set and by whom.

Yours faithfully,

Sarah Johnson

------------------------------------------------------------------------

From: Sarah Johnson <[7][FOI #432461 email]>
Sent: 17 September 2017 12:10
To: Info
Subject: Re: Freedom of Information request - Director Appointment and
salary

 

Dear Copeland Borough Council,

Further to my initial FOI request, for the purpose of clarification please
assume "salary" means the overall remuneration package, including basic
salary plus any additional payments whether one off or continuing,
including for example (but not limited to) market supplement, incentive
payment,  any additional payments to cover travel/accommodation costs,
performance bonus, special responsibility allowance, S151 pay supplement 
etc.

Yours faithfully,

Sarah Johnson

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #432461 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[10]https://emea01.safelinks.protection.outl...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

Clifford Walker, Copeland Borough Council

Dear Madam,

  

I am writing to you in relation to your recent Freedom of Information
request to Copeland Borough Council dated 18 September 2017 which is
reproduced below.

 

Copeland Borough Council remains committed to openness and transparency
and does hold some recorded information in answer to your query. However
due to the circumstances outlined below and the current well documented
recent situation around IT capabilities we do not, at this stage intend to
disclose this information. There are concerns around pseudomisation and
identification issues and as a public authority we have to ensure that all
such requests are both legitimate and valid. There is a danger that some
enquiries may be submitted to circumvent the legislation and we must
remain committed to providing the best professional service possible to
the general public.

 

In this regard and following the advice we have received from the
Information Commissioners Office (ICO) which relates to Freedom of
Information (FOI) requests made via social media and whatdotheyknow.com,
'Public authorities do not need to respond to such requests for
information unless the requestor's real name is clear. If their name is
not clear, for example their username is a pseudonym or only contains part
of their real name, the request is not valid'.

 

A request for information is not valid if it does not, in accordance with
s.8 (1b) Freedom of Information Act 2000 (FOIA), state the name of the
applicant and an address for correspondence. As we believe your request
uses a pseudonym instead of your actual name we do not consider it to be a
valid request. Accordingly, we are not obliged to respond to it.

 

However, the ICO does recommend that should you wish to resubmit your
request using your real name then we will be able to process and provide a
response to your request.

 

In order to fulfil your requirements, I have also been authorised to
invite you personally to attend the Copeland Centre, Catherine Street,
Whitehaven where we can discuss the issues raised. I am more than happy to
arrange such a visit at your convenience.

 

Should you decide to decline the invitation I would make a respectful
request for acceptable identification which could be in the form of a
driving license, utility bill or something similar that establishes your
full name, date of birth and address with photo ID. An original copy of
the proof of identity document should be sent to the below address, or
produced in person.

I will place this request 6399/17 on hold pending receipt of
identification from you. Please note that if no identification is received
within 20 working days, the request will be withdrawn.

I hope this response is acceptable to you and that you appreciate the
safeguards that have to be adopted, but do not hesitate to contact me if
you wish to clarify anything further.

 

The Council makes every effort to make sure that the services it provides
are as efficient and effective as possible, and this includes any requests
under the Freedom of Information Act.

If you believe that your request has not been dealt with satisfactorily
you should follow the Council’s complaints procedure.

 

If you have followed the complaints procedure and are still not happy with
how your request has been dealt with you may also contact the:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry/Information Line: 01625 545 745

Where you will also find further guidance about submitting a freedom of
information request: [1]www.ico.org.uk

 

Many thanks for your support and understanding in this matter.

 

Regards,

 

Cliff Walker

Information Management Officer

Business Support

Copeland Borough Council

Tel: 01946 59 8529

Email: [2][email address]

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[3]www.copeland.gov.uk, [4][Copeland Borough Council request email]

 

From: Sarah Johnson <[5][FOI #432461 email]

Dear Copeland Borough Council,

Please can you set out in detail the recruitment process that was followed
for the recent appointment of the Director of Commercial and Corporate
Resources.

1. Where and how was the vacancy advertised?
2. Please supply me with a copy of the advertisement of the vacancy.
3. How many candidates applied?
4. How many candidates were shortlisted?
5. Who sat on the shortlisting panel and what is their role in the
authority?
6. Who sat on the interview panel and what is their role in the authority?

In addition, please can you advise of the current salary of the Director
of Commercial and Corporate Resources? Is the salary level that set by
council in December 2015 and if not, please advise when the decision was
taken to amend the salary and who made that decision.

The salaries of all council officers earning over £50,000 per annum should
be clearly displayed on your website. I cannot find this information.
Please therefore advise me of the current salary level of the Managing
Director and of the Director of Customer and Community Services and advise
when these salary levels were set and by whom.

Yours faithfully,

Sarah Johnson

------------------------------------------------------------------------

From: Sarah Johnson <[6][FOI #432461 email]>
Sent: 17 September 2017 12:10
To: Info
Subject: Re: Freedom of Information request - Director Appointment and
salary

 

Dear Copeland Borough Council,

Further to my initial FOI request, for the purpose of clarification please
assume "salary" means the overall remuneration package, including basic
salary plus any additional payments whether one off or continuing,
including for example (but not limited to) market supplement, incentive
payment,  any additional payments to cover travel/accommodation costs,
performance bonus, special responsibility allowance, S151 pay supplement 
etc.

Yours faithfully,

Sarah Johnson

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #432461 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[9]https://emea01.safelinks.protection.outl...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

Richard Taylor left an annotation ()

I see the council have a current Pay Policy Statement, approved by the council which sets out the salaries for the Managing Director and Directors and provides information on how the salaries were set:

http://copeland.moderngov.co.uk/document...

Sarah Johnson left an annotation ()

Richard - thank you - yes, I see that it is now available but their website had been out of action for a number of weeks so the information was not readily available. Stating the salary in the PPS is not a formal decision on the level of that salary.

Dear Clifford Walker,

Thank you for your prompt response.

Yours sincerely,

Sarah Johnson

Richard Taylor left an annotation ()

A similar request has now been made by someone else at:

https://www.whatdotheyknow.com/request/a...

Roger Probert left an annotation ()

CBC always use the "you might not exist to avoid answering questions they don't wish to answer"

Steven Robinson left an annotation ()

This was on the CBC website but once I started to ask questions it was removed. It should answer your FOI but show just what improper conduct has been taking place. This report is going to the CBC Council meeting i ndecember

SALARY AND APPOINTMENT OF DIRECTOR OF COMMERCIAL AND
CORPORATE RESOURCES AND SALARY OF MANAGING DIRECTOR
Portfolio Holder: Non-Executive function.
Report author: Clinton Boyce, Solicitor.
Summary of report: To advise the Executive of a decision made on behalf the
Executive on a non-Executive function and the steps
taken to correct the matter. To report to Council, as
required by the approved Pay Policy Statement, the
appointment, by the Personnel Panel, of Mrs Fiona
Rooney to the post of Director of Commercial and
Corporate Resources.
Recommendations: Executive:
(1) To note the report; and
(2) To consider and prepare its response as required
by section 5A(8) of the Local Government and
Housing Act 1989 on this matter.
Council:
(1) That the appointment by the Personnel Panel be
noted;
(2) That the decisions of the Personnel Panel on the
31st October 2017 and of the Overview and
Scrutiny Committee of the 7th November 2017 in
respect of proposed process changes be noted;
(3) That the response of the Executive be noted; and
(4) That a further report be made to Council in early
2018 on changes to the Constitution, the Pay
Policy Statement and the Managing Change policy
proposed by the Personnel Panel and the
Overview and Scrutiny Committee.
1.0 INTRODUCTION
1.1 Council on the 1st October 2015 ‘noted the Chief Executive Urgent Action
decision to appoint Fiona Rooney as Section 151 Officer to the Council with
effect from 10 August 2015’. Council was advised there had been a need to
appoint Mrs Rooney, Interim Director of Strategic Commissioning and
Resources as the Council’s Section 151 Officer from the 10th August 2015.
The role needed to be filled as a matter of urgency as the Deputy Section 151
Officer was due to leave the Council on the 14 August 2015.
1.2 Section 151 of the Local Government Act 1972 states that “Without prejudice
to section 111 above, every local authority shall make arrangements for the
proper administration of their financial affairs and shall secure that one of their
officers has responsibility for the administration of those affairs”. As the
section 151 officer must be an officer of the Council, as no other persons were
immediately available to fill the post, together with the fact that Mrs Rooney
satisfied the statutory requirements (a member of one of the specified
accounting bodies or holding the post of responsible financial officer prior to
29th September 1988 (section 113, Local Government Finance Act 1988)) Mrs
Rooney was appointed as such and became an employee of the Council
from the 10th August 2015 albeit on a nominal salary of £1/month. No further
benefits were payable. She also remained a consultant providing a range of
financial and management services to the Council.
1.3 Council on the 3rd December 2015 approved a restructuring of the Council’s
Corporate Leadership Team. Relevant to this matter Council approved, on the
3rd December 2015, the following recommendations:
(a) That the proposal to re-designate the existing post of Director of
Economic Growth as Managing Director, to act as head of paid service,
and be responsible for the realigned functions and services set out in
paragraph 2 and appendix 4 of the report, and on the salary set out in
paragraph 2 of the report, be approved;
(b) That the post referred to in (a), the Managing Director, be appointed
the Council’s statutory head of paid service and also as the statutory
electoral registration officer and returning officer for local, other
elections or referenda;
(d) That the existing post of Director of Resources and Strategic
Commissioning be re-designated as the Director of Commercial and
Corporate Resources and be responsible for the realigned function and
services set out in paragraph 2 and appendix 4 of the report and on the
salary set out in paragraph 2 of the report be approved;
(f) That the recruitment process in respect of the vacant post of the
Commercial and Corporate Resources Director be commenced with a
view to filling that post by the 1st April 2016.
1.4 The salary of the Managing Director was fixed as a spot salary on £92,000
and that of the Director of Commercial and Corporate Resources at £80,000.
The remaining third director, the Director of Customer and Community
Services, was placed on a salary of £75,000. The difference of £5,000 was to
reflect section 151 duties. A spot salary means one without incremental
progression but still entitled to annual national pay awards received.
2.0 CURRENT POSITION
Appointment of Director
2.1 In respect of recommendation (f) the post of Commercial and Corporate
Resources Director was not filled by the 1st April 2016. Instead the Council
continued to engage the interim consultant, Mrs Rooney, to undertake that
role. This was due to a number of reasons. Firstly, she was dealing with the
closure of accounts for previous years and members were aware of the
difficulties arising from them. They took some time to close and Mrs Rooney
had detailed knowledge of the problems with the accounts. Secondly, the
other qualified accountants left the Council’s employment leaving Mrs Rooney
as the only qualified person with a working knowledge. Thirdly, staffing
restructurings were ongoing – firstly, external facing services and secondly,
support services. Mrs Rooney’s knowledge and level of expertise was
required for both, particularly in the restructuring of her own interim
directorate. As matters were developing – problems with the accounts, lack of
the qualified accountants and restructurings – it was essential that there was
continuity of knowledge provided by the only remaining qualified CIPFA
accountant. During this time Mrs Rooney was seen as essential to resolving
these three issues and the permanent appointment was delayed pending the
resolution of these strategic and pressing issues.
2.2 The matters referred to in 2.1 were not substantially resolved until the end of
March 2017. At this point the question arose of how best to fill the permanent
post. External legal advice was sought as it was considered that Mrs Rooney
might have a right to be assimilated to the post in any event. That advice was
that Mrs Rooney was entitled to be assimilated to the role of Director of
Commercial and Corporate Resources.
2.3 The legal advice centres around the Fixed-term Employees (Prevention of
Less Favourable Treatment) Regulations 2002. These regulations state that a
fixed-term employee has the right not to be treated by his employer less
favourably than the employer treats a comparable permanent employee as
regards the terms of his contract or by being subjected to any other detriment
by any act, or deliberate failure to act, of his employer. A comparable
permanent employee is another employee of the same employer working in
the same establishment and ‘engaged in the same or broadly similar work
having regard, where relevant, to whether they have a similar level of
qualification and skills’. In this case the comparable employees are the other
two directors who the Council assimilated in 2015.
2.4 One of the rights in not being treated less favourably is ‘the opportunity to
secure any permanent position in the establishment’. This right applies only if
the discriminatory treatment cannot be justified on objective grounds. Such
grounds are where the contract of the fixed term employee is already, taken
as a whole, at least as favourable as the comparable employee’s contract.
2.5 Additionally the Council’s Managing Change Policy which deals with
assimilation and appointment of staff states that ‘the broad principles of the
policy also apply to Chief Officers’.
2.6 Taking into account the above Regulations and the Policy legal advice was
that Mrs Rooney, as interim Director of Commercial and Corporate
Resources, should be treat the same as the other two directors and also
assimilated to the new post. The assimilation was on the basis that at least
70% of the duties were the same, the only variations being the addition of
commercial and human resources, the latter including health and safety. The
new post was of commensurate grade and the interim post holder met the
essential requirements of the job profile. In fact she was the only person in the
establishment who met the essential requirements.
2.7 The elected mayor, wishing to conclude staffing restructurings and bring some
stability on employment issues, and on the basis of that legal advice,
assimilated Mrs Rooney to the post in the same manner as Council
assimilated the other two directors in December 2015.
Salaries
2.8 The right to be assimilated was to the post created by Council in December
2015 which was at a salary of £80,000. Whilst a spot salary the post still was
entitled to annual pay award increases. This, by the 1st April 2017, had
increased the £80,000 salary to c£82,500. The elected mayor on that date
increased the salary to £84,500 and then awarded a 10% allocation for
section 151 duties. This additional £8,450 increased the salary to £92,950.
2.9 It is not clear why this further 10% was added given that the salary difference
between the two non-managing directors already accounted for the section
151 duties.
2.10 Given the increase in the Director of Commercial and Corporate Resources
salary the elected mayor increased the Managing Director’s spot salary from
c£94,870 (the original spot salary of £92,000 plus annual pay award
increases) to £98,000.
2.11 The increase in the salaries was justified by benchmarking with other
authorities within Cumbria. The base salaries of equivalent chief executive
officer roles (excluding additional allowances) is between £94,778 and
£110,000 per annum. Director salaries in Cumbria are between £70,000 and
£86,000 but it is difficult to compare like with like as some directors do not
have section 151 responsibilities and in Copeland there are no heads of
service support to directors.
2.12 The report to Council in December 2015 which reviewed the Director salaries
set out benchmarking relating to a recent survey carried out by Epay Check
in September 2015 on senior pay in local government of 70% of Councils
and over 4,000 posts. This showed that the Managing Director’s pay was still
below the grossed median annual basic pay of £106,800 for a tier 1 post in a
shire district council. The data showed that in the lower quartile for a shire
district with a working population of less than 50,000 that the lower quartile
pay was £94,610 with the median being £103,229. The median of chief
executive salaries for all local authorities (not just with a working population
below 50,000) was known to be district councils, £114,000; English unitary
authorities, £157,000; metropolitan councils, £174,000; county councils,
£182,000 and London boroughs, £184,000. The increased salary of the
Managing Director still falls short of the 2015 figures for the median pay of a
shire district with a population below 50,000 (£103,229) and well below the
median salary of all district councils (£114,000)
2.13 In respect of the non-managing directors’ salaries the Epay Check data in
September 2015 showed the lower quartile salary for a tier 2 post in a shire
district having a work force of less than 50,000 people as £61,750 with the
median and upper quartiles being respectively £74,441 and £75,546. The
non-managing director posts however was expected to be more than a tier 2
post. The structure intended at that time was to be flatter with all three
Directors reporting directly to the members and the post holders taking full
responsibility for the functions allocated to them. The true tier 2 posts in the
Council are at manager level. It was recommended that the salary of £75,000
was agreed for the two non-managing director posts with it being short of the
upper quartile salary for a tier 2 post and far below the lower quartile salary for
a tier 1 post of £94,610 as referred to above. The increased salary of the
Commercial and Corporate Resources Director to £92,950 remains below that
lower quartile tier 1 post salary.
3.0 EXECUTIVE POWERS
3.1 Council approved the annual Pay Policy Statement (‘the Statement’) on the
21st March 2017.
3.2 In terms of appointment of a director the Statement, at paragraph 35, states
that a director appointment can only be made by the Appointments and
Appeals Panel, now the Personnel Panel. This requirement corresponds with
the employment procedure rules contained in the constitution which states
that that Panel shall appoint chief officers. In this respect the Executive had
no power to appoint the interim Director of Commercial and Corporate
Resources to the permanent role. This requirement of the Statement together
with the employment procedure rules is reflected in law by paragraph I.37 of
schedule 1 to the Local Authorities (Functions and Responsibilities) (England)
Regulations 2000 which states that the Executive shall not have power to
‘appoint staff, and to determine the terms and conditions on which they hold
office…’. Paragraph 19 of the Statement states that ‘Posts over £50,000 will
be the subject of a report to Full Council’.
3.3 In respect of the salary increases the approved Statement contains a
contradiction. Paragraph 12 conflicts with paragraph 35. Paragraph 12 reads:
“To ensure the Council has sufficient flexibility to cope with a
variety of circumstances in the recruitment and retention of
employees, a Director, in conjunction with the Head of Paid Service
(Elected Mayor where Director posts are involved) may agree the
use of additional payments for individual categories of posts,
individual posts or individual employees. Such payments will take
full and proper account of all provisions of relevant employment
law and Council policies as approved”.
Paragraph 35 reads:
“In accordance with the Constitution of the Council, the Executive
is responsible for strategic policy decisions in respect of
employment matters. Decisions in relation to the recruitment, pay,
terms and conditions and severance arrangements of employees of the
Council rest with the Head of Paid Services except where they relate to
Chief Officers in which case they rest with the Appointments and
Appeals Committee”.
The Regulations referred to above state that the terms and conditions of all
employees is not an Executive function. The Council’s constitution reserves to
Council the power to determine the terms and conditions on which the Head
of Paid Service, Section 151 Officer and Monitoring Officer hold office.
However section 41 of the Localism Act 2011 requires determinations relating
to remuneration, etc. of chief officers to comply with its Statement in
making the determination.
4.0 FIRST DECISION
4.1 The elected mayor appointed Mrs Rooney as interim postholder to the
permanent position and increased the salary to £92,950. In consequence of
that he then increased the Managing Director’s salary to £98,000. Both
decisions were outside the powers of the Mayor and the Executive but who
were acting on the basis of the external legal advice provided which created a
no choice scenario and paragraph 12 of the Statement, previously approved
by Council, which allowed salary variations by the elected mayor.
4.2 In respect of the appointment, the correct decision maker, in the report
author’s opinion, was the Personnel Panel which held the power to appoint
under the employment procedure rules contained in the constitution (‘The
Appointment and Appeals Panel will appoint Chief Officers’ other than the
Managing Director) and paragraph 35 of the Statement (‘Decisions in relation
to the recruitment… [of] Chief Officers …rest with the Appointment and
Appeals Panel’). The Personal Panel assumed the role of the Appointment
and Appeals Panel following a decision of Council on the 28th June 2016.
Such appointment must, in accordance with paragraph 19 of the Statement,
be the subject of a report to full Council.
(The terms of reference of the Personnel Panel in respect of the appointment
of chief officers is unclear when it states
“To consider applications for, conduct interviews for, and make
recommendations to Council on the appointment of those officers
which cannot by virtue of the Local Authorities (Standing Orders)
(England) Regulations 2001 be appointed by the Head of Paid Service
or an officer nominated by her. Such officers are the head of paid
service, the Chief Finance Officer, the Monitoring Officer and other
persons reporting directly to the head of paid service, statutory or nonstatutory
chief officer as defined.”
The 2001 Regulations state that the Head of Paid Service or an officer
nominated by her must appoint all staff other than the Head of Paid Service
herself, and a list of other senior officer posts. The Regulations continue that
Council itself must approve the appointment of the Head of Paid Service.
In respect of those senior officers the Regulations are silent leaving it for the
authority to state whether the Head of Paid Service may appoint those officers
in addition to being obliged to appoint all other officers or whether a
Committee should appoint those officers. The only requirement of the
Regulations is that ‘where a committee or sub-committee of the authority is
discharging on behalf of the authority the function of the appointment [of one
of specified senior officers] at least one member of the executive must be a
member of that committee or sub-committee’. On this latter point Council on
the 28th June 2016 resolved that “when a member of the Executive is
required, in accordance with the Local Authorities (Standing Orders)
(England) Regulations 2001, to be a member of the Panel the Mayor shall
either discharge that function himself or by arranging for another member of
the Executive to do so’.
The report author considers that the discrepancy within the terms of reference
was corrected by Council adopting this year’s Statement which clearly
delegates to the Personnel Panel the power to appoint chief officers).
4.3 In respect of the salaries, the correct decision maker was, in the opinion of the
report author, the Personnel Panel under paragraph 35 of the Statement. As
stated above the Constitution reserves power to determine the terms and
condition on which the three statutory officers hold office. However Council
when it adopted this years Statement clearly delegated that power to the
Personnel Panel.
4.4 What is clear is that power to appoint and adjust the salaries was a nonexecutive
function.
5.0 SECOND DECISION
5.1 To correct the error the Personnel Panel met on the 31st October 2017 and
endorsed the appointment of Mrs Rooney as the permanent Director of
Corporate and Commercial Resources and the revised remuneration of that
post and of the Managing Director, all with effect from the 1st April 2017.
5.2 The Personnel Panel were advised of the external solicitor’s advice and this is
contained in the part II report on this agenda.
5.3 The Personnel Panel expressed concern at the position the Council now
found itself in and required the draft pay policy statement for 2018/19 to be
reviewed by them prior to submission to Council in February/March 2019.
6.0 REVIEW OF SECOND DECISION
The decision of the Personnel Panel was ‘called in’ by the Overview and
Scrutiny Committee. They also expressed concern but in supporting the
appointment requested steps to be taken as a matter of urgency to review the
Managing Change policy and the constitution to ensure that the discrepancies
between the Statement, the Managing Change Policy and the Constitution
were resolved and to this end established a task and finish group to review
the Managing Change Policy. Alongside Personnel Panel reporting on the
Statement and the existing task and finish group dealing with constitutional
changes this should resolve the discrepancies to prevent a recurrence.
7.0 BUDGET
Budget for the increased salaries can be contained within the base budgets in
the relevant cost centres and no additional funding is required.
8.0 CONCLUSIONS
8.1 The earlier decision of the Executive was made on external legal advice
relating to the 2002 Regulations. The interim postholder was entitled, in law,
to be assimilated to the Director of Commercial and Corporate Services
permanent post. The salaries of all three directors still remain within the lower
quartile or median of those in external comparable positions.
8.2 Regrettably the decision was made by the wrong decision-maker. As the
elected mayor acting as the Executive made a decision when it should not
have done there is a requirement for the Executive to consider this matter
under section 5A of the Local Government and Housing Act 1989. That
section makes the following requirements:
(a) for the monitoring officer to prepare a report and consult with the Head
of Paid Service and section 151 officer;
(b) as soon as practicable after such a report has been prepared to
arrange for a copy of it to be sent to each member of the authority;
(c) The executive is then under a duty to consider the report within 21
days after copies of the report are first sent to members of the
executive;
(d) As soon as practicable after the executive has concluded its
consideration of the report the executive shall prepare a report which
specifies—
(i) what action (if any) the executive has taken in response to the
report;
(ii) what action (if any) the executive proposes to take in response
to that report and when it proposes to take that action; and
(iii) the reasons for taking the action specified in the executive's
report or, as the case may be, for taking no action.
(e) As soon as practicable after the executive has prepared a report a
copy shall be sent to each member of the Council.
8.3 As the Executive was without power to make the decision in the first place no
action can be taken by the Executive to correct the decision. This has been
done by the correct decision maker which is also taking steps to correct the
discrepancies which caused the decision to be made in the first place. They
are supported by the Overview and Scrutiny Committee which is undertaking
additional steps. Reviewed documentation will be presented to Council in
early 2018.
8.4 In terms of an appropriate response from the Executive members are asked
to consider this matter. There is little further action that the Executive can take
other than supporting the other committees in correcting the matter.
8.5 This matter will be reported to Council on the 5th December 2017 to note the
appointment of a post-holder to a post having a salary greater than £50,000 in
accordance with paragraph 19 of the Statement.
9.0 CONSULTEES
9.1 Monitoring Officer: Is report author and legal issues are contained with the
report.
9.2 Deputy section 151 officer: I confirm that the base budgets in the relevant cost
centres are adequate to cover the full projected costs for the year and no
additional funding is required.
9.3 Equality Act issues: Not applicable.
9.4 Other consultees: None.
Appendices:
None.

Mark Hudson left an annotation ()

This document is available via copeland.moderngov.co.uk as the Agenda reports pack for the executive meeting 27th Nov 2017 at 3:30pm.

See http://copeland.moderngov.co.uk/ieListDo...

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