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Agenda Item No. 8

 

The Vale of Glamorgan Council

Council: 27th June 2012

Report of the Leader

Senior Management Reduction : Update/Residual Issues

Purpose of the Report

 

To provide an update on the progression of the senior management reduction exercise and to ask Council to approve a number of residual structural/management issues.

Recommendations

1.             That Council approve the report and the recommendations as set out in 2 to 6 below.  

2.             The designation of the Head of Legal Services as the Council's Monitoring Officer on a one year interim basis from 27th June 2012 and subject to review thereafter.

3.             The designation of the Operational Manager (Legal Services) as Deputy Monitoring Officer on a one year interim basis from 27th June 2012 and subject to review thereafter.

4.             The designation of the Head of Accountancy and Audit as the Deputy Section 151 Officer on an interim basis of three years from 1st August 2012.

5.             The designation of the Council's three Directors and Chief Learning and Skills Officer as joint Deputy Managing Directors on a three month rotating basis for the purposes as set out in paragraphs 24 to 29. Such arrangements to commence from 1st August 2012 and continue for the period of the Managing Director's honorarium appointment.

6.             That appropriate changes to the Council's Constitution be made as a consequence of the above recommendations.

Reasons for the Recommendations

To ensure compliance with the requirements of the Council's Constitution, the Local Government and Housing Act 1989, requirements as set out in the Local Government (Wales) Measure 2011 and to ensure sustainable management arrangements.

 

Background and Update

7.             Members will be aware that proposals to implement the senior management reduction arrangements were approved by Council on the 16th April 2012.

8.             Since that date arrangements have been progressed to implement the proposals including:-

·         Confirmation of the designation of Mrs S.Davies as Managing Director as from 1st August 2012.

·         Confirmation of the appointment of Mr R.Thomas as Director of Development Services as from 1st June 2012.

·         Confirmation of the appointment of Mr M. Punter as Director of Visible Services and Housing as from 1st June 2012.

·         Confirmation of the designation of Mr C. Teague as the Council's Section 151 Officer as from 1st August 2012.

9.             In addition to the above arrangements are in place to interview for the new role of Chief Learning and Skills Officer on the 4th July 2012 and the new role of Head of Housing and Building Services on the 12th July 2012.

10.        Members will also be aware that the Local Government (Wales) Measure 2011 requires local authorities to establish a Democratic Services Committee and for that Committee to designate an Officer as Head of Democratic Services.

11.        The composition and terms of reference of the Democratic Services Committee were agreed at the Annual Meeting of Council on 23rd May 2012. The Head of Democratic Services will be a statutory role to undertake the functions set out on the Measure. In summary the functions will include:-

·         Providing support and advice (particularly in relation to the functions of Scrutiny Committees and the Democratic Services Committee)

          -       To the Authority in relation to its meetings

          -       To committees of the Authority and members of committees

          -       To any joint committee which the Local Authority is responsible for organising and the members

                  of that committee

          -       In relation to the functions of Scrutiny Committees, to all Members/Officers

          -       To each member of the Authority carrying out the role of member

·         Promoting the role of the Council's Scrutiny Committees

·         Preparing reports and recommendations in respect of resources required to discharge Democratic Services functions.

12.        The designation of the Head of Democratic Services will need to be considered and approved by the Democratic Services Committee at its inaugural meeting and on the basis of a recommendation from the Head of Paid Service. The proposed recommendation will be the current Operational Manager (Democratic Services). Such designation is felt to be congruent with the current duties of the officer concerned and the requirements set out in the guidelines to the Measure.

13.        As anticipated in the report to Council on the 16th April there are, however a number of additional and residual issues that need further consideration and resolution by Full Council. These are set out in the paragraphs below:

Designation of Monitoring Officer and Deputy Monitoring Officer

14.        Members will be aware of the decision to defer proposals for the permanent appointment of a Monitoring Officer pending a review of capacity in the Legal Section and consideration of all options for meeting this statutory requirement.

15.        The above review is ongoing and will be helpfully informed by the experience of the wider restructuring arrangements over the coming year.

16.        There is, however, a need to ensure that interim arrangements are in place to cover the statutory Monitoring Officer role during the period of the ongoing review and in the light of the redundancy of the Director of Legal, Housing and Public Protection.

17.        On the basis of the above it is proposed to designate the current Head of Legal Services as Monitoring Officer on a one year interim basis as from 27th June 2012 and subject to review thereafter.

18.        The role will cover the statutory requirements as set out in the Section 5 of the Local Government and Housing Act 1989 but will not cover responsibility for Democratic Services (as initially envisaged in the original report to Cabinet in September 2011).   

19.        The postholder currently undertakes the role of Deputy Monitoring Officer and, as such the arrangement will ensure important continuity during the period of the review. The designation will also include the Proper Officer responsibilities in relation to the Freedom of Information Act 2000, Data Protection Act 1998 and Regulation of Investigatory Powers Act 2000.

20.        As part of the requirements of the Local Government and Housing Act 1989 it will also be necessary to put in place arrangements to designate a Deputy Monitoring Officer. To this end it is proposed that the current Operational Manager (Legal Services) is designated as Deputy Monitoring Officer for the same one year period as referred to above, and then subject to review thereafter.

Designation of Deputy Section 151 Officer

21.        Arrangements for the temporary re-designation of the Council's Section 151 Officer responsibilities were agreed by Council on 16th April 2012 and specifically to cover the period during which the Director of Resources will be undertaking the role of Managing Director. This is referred to in paragraph 8 above.

22.        Although it is not a statutory requirement, it is usual practice to nominate a second officer to act in the absence of the designated section 151 officer. The Deputy role is currently undertaken by the Head of Financial Services who, as indicated above will be assuming full responsibility for Section 151 duties as from the 1st August 2012.

23.        In accordance with the above it is proposed that the current Head of Accountancy and Audit is designated as the Deputy Section 151 Officer for the above mentioned  three year period and commencing on 1st August 2012.

Designation/Arrangements for role of Deputy Managing Director

24.        As part of implementing the residual elements of the senior management restructuring arrangements it is important to confirm "deputy" arrangements to cover any absence of the newly designated Managing Director (as Head of Paid Service).

25.        The previous role of Deputy Chief Executive was undertaken by the Director of Legal, Public Protection and Housing and specifically to cover the range of delegations as set out in Part 8 of the Council's Constitution in the absence of the Chief Executive.

26.        The above delegations include the power to act, in consultation with the appropriate Cabinet Member (and with the Leader, Director of Resources and the appropriate Chief Officer on matters involving financial commitments) on issues that require immediate action or where the issues are of such urgency or emergency as not to allow time to convene a meeting of the appropriate body.

27.        Confirmation of such arrangements will also be important to ensure appropriate cover at Council (and other relevant meetings) in the absence of the Managing Director.

28.        In accordance with the above it is proposed that all three current Directors (Director of Social Services, Director of Development Services and Director of Visible Services and Housing) and the new Chief Learning and Skills Officer are formally designated as Joint Deputy Managing Directors and specifically for the above purposes.

29.        It is proposed that the responsibility is exercised by the above officers on a three monthly rotating basis from the 1st August 2012 (starting with the Director of Social Services) and for the period of the Managing Director's interim appointment.

Resource Implications (Financial and Employment)

30.        As set out in the report at Part II of the Council agenda

Legal Implications (to Include Human Rights Implications)

31.        The legal implications and issues are set out in the report

Crime and Disorder Implications

32.        There are no crime and disorder implications directly arising from this report.

Equal Opportunities Implications (to include Welsh Language issues)

33.        The equal opportunities implications were set out in the report to Council of the 16th April 2012

Corporate/Service Objectives

34.        The proposals within this report have been designed to help meet the financial objectives as set out in the Medium Term Financial Plan and to ensure a sustainable management structure for the Council

Policy Framework and Budget

35.        The senior management reduction proposals were approved by Full Council on 16th April 2012.

Consultation (including Ward Member Consultation)

36.        Consultation has taken place with staff concerned and with the recognised trade unions.

Relevant Scrutiny Committee

37.        Corporate Resources.

Background Papers

Council Report 16th April

Cabinet Report 14th March

Scrutiny Committee (Corporate Resources) Report of the 11th October 2011.

Cabinet Report of the 21st September 2011.

Medium Term Financial Plan.

Council Report of the 28th February 2011.

Scrutiny Committee (Corporate Resources) Report of the 24th January 2011.

 

Contact Officer   

R Bergman, Head of Human Resources - Tel: 01446 709357

 

Officers Consulted

See paragraph 36 above

 

Responsible Officer:

Sian Davies, Director of Finance, ICT and Property - Tel: 01446 709202

 

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