Minutes:
The Committee received a report which asked that consideration be given to a request for a change in terms and conditions for the post of Chief Executive. Members noted that the original request had been part determined in February 2023, when it had been resolved that: -
(a) the Terms and Conditions attached to the post of Chief Executive be amended as follows: -
In addition to the nationally agreed Terms and Conditions
· Three days additional annual leave be granted for the year 2023/24 onwards and each subsequent year; and
(b) the request for a change in Terms and Conditions of the Post of Chief Executive be reviewed again in six months’ time, by the Chief Officer Employment Committee, when more comparable data is available and the outcome of any 2023/2024 pay award has been finalised.
Committee were now asked to determine whether or not to grant the outstanding request in light of having received the comparable data previously requested.
Given there had been an all-out election and change in administration, since the Committee had last met, the Chairman took the opportunity to recap to Members, the report previously considered, the rationale that had been put forward by the Chief Executive previously in support of his request, the Chief Executive’s current package and what that package would look like if the further changes, as detailed at section 1.5 of the report were approved, and finally how the Chief Executive’s current and requested package compared to the benchmarking data.
It was also confirmed that the 23/24 pay award for Chief Executives had been determined and finalised at 3.5%, with Members noting the Chief Executive’s current salary as a result.
In light of the information to-date, the Chairman outlined to Committee a number of questions she considered needed responding to, and areas where further probing may be needed in advance of the Committee being in a position to determine the matter, namely, and in connection with the rationale relating to personal development of other Management Team Members and resilience: -
· Does the Chief Executive have a clear structure for deputising? How is this managed and measured?
· Have the Chief Officers a clear understanding of who will take overall responsibility in the Chief Executive’s absence and are they clear on the delegations in place?
· Is this reflected in Chief Officer Personal Development Reviews so that it can be properly measured on an annual basis?
· Does the Chief Executive have a clear succession plan?
· What is the Chief Executive’s vision for his replacement in time?
The rationale of Health and Well-being was also questioned, given the data demonstrated the Chief Executive’s annual leave package was already in the top quartile of those who had responded to the East Midlands Council survey.
As such it was suggested that the decision be deferred pending receipt of the information to address the points set out above, relating to the personal development arrangements of other Chief Officers.
Debate ensued and the former Leader, as the person who had originally brought the proposal to Committee, again repeated his rationale for supporting the proposed amendment to Terms and Conditions, speaking highly of the achievements realised by the Council and the resilient financial position achieved under the Post Holder’s leadership. Whilst acknowledging the benchmarking position, his personal view on the matter had not changed and he emphasised that bench-marking should only be used as a guide, it was important West Lindsey did what was right for their situation in the first instance.
The suggestion for deferral was supported by some Members. Further debate ensued during which Members shared their thoughts on the request. Whilst some were supportive of the additional leave, the carry forward amount resulting for next year was of concern to others. There was also concern as to the impact on other Officers.
It was formally proposed and seconded that the matter be deferred.
Arising from comments made during the ensuing discussion, it was confirmed that Chief Officers could not access the formal flexi-time schemes available to other Officers. The Committee only had responsibility for Chief Officer packages and not wider employees, and finally any change in contract would not necessarily bind the organisation for the future, but it did come with some risks. These were briefly summarised, but given the general persuasion appeared to be for deferral, Officers indicated they could get further independent advice on the matter for the next meeting.
With deferral having been proposed and seconded, on being put to the vote, the amendment was carried. On that basis it was
RESOLVED that the request for a change in Terms and Conditions of the Post of Chief Executive, as detailed in Section 1.5 of the report be deferred, pending: -
(a) receipt of information from the Chief Executive to address the points relating to personal development of other Management Team Members and resilience set out above;
(b) wider information on the Pay Policy and Chief Officer remuneration packages; and
(c) further clarity on any precedent and risks created should the change in terms and conditions be granted.
Note: Councillor Bierley had left the meeting before the matter was put to the vote.