Issue - meetings

Council is requested to consider whether it wishes to extend the contract with Mr GJ Harlock to continue to serve as Chief Executive and Returning Officer for a further period following the expiry of his present contact on 30 June 2009.

At its meeting on 25 January 2007, Council resolved to extend the contract with Mr GJ Harlock to continue to serve as Chief Executive, Chief Finance Officer and Returning Officer for a further period to 30 June 2009. Members are requested to note that, subject to the appointment of an Executive Director under Agenda Item 14 above, Mr. Harlock will no longer hold the position of Chief Finance Officer.  

In response to a request by the Leader of the Council for flexibility, and in the interests of effective succession planning, Council is RECOMMENDED to appoint Mr. GJ Harlock to the positions of Chief Executive, Electoral Registration Officer and Returning Officer for an indefinite period from 1 July 2009, with access to the previously-agreed termination package at the expiry of six months’ notice in writing by Mr. Harlock.

Council RESOLVED that Mr. GJ Harlock be appointed to the positions of Chief Executive, Electoral Registration Officer and Returning Officer for an indefinite period from 1 July 2009, with access to the previously-agreed termination package at the expiry of six months’ notice in writing by Mr. Harlock. 

The Chief Executive left the meeting during consideration of this item.

Councillor RMA Manning moved, Councillor RT Summerfield seconded and Council RESOLVED that Mr. GJ Harlock be appointed to the positions of Chief Executive, Electoral Registration Officer and Returning Officer for an indefinite period from 1 July 2009, with access to the previously-agreed termination package at the expiry of six months’ notice in writing by Mr. Harlock. 

Council is requested to consider whether it wishes to extend the contract with Mr GJ Harlock to continue to serve as Chief Executive, Chief Finance Officer and Returning Officer for a further period to 30 June 2009.

Mr Harlock was initially appointed on a 1-year fixed-term contract from 1 July 2006, extendable by mutual consent. Mr Harlock has indicated his willingness to continue to serve in the combined posts of Chief Executive, Chief Finance Officer and Returning Officer for a further period of two years.

If Council is minded to approve Mr Harlock’s reappointment, it is suggested that negotiations on the detailed Terms and Conditions be delegated to be undertaken by the Leader of the Council and Resources, Staffing, Information and Customer Services Portfolio Holder in consultation with the Chairmen of the Employment and Scrutiny and Overview Committees.

RECOMMENDATION

That Council determine whether it wishes to extend the contract with Mr GJ Harlock to continue to serve as Chief Executive, Chief Finance Officer and Returning Officer for a further period to 30 June 2009. If Council is minded to approve Mr Harlock’s reappointment, it is recommended that negotiations on the detailed Terms and Conditions be delegated to be undertaken by the Leader of the Council and Resources, Staffing, Information and Customer Services Portfolio Holder in consultation with the Chairmen of the Employment and Scrutiny and Overview Committees.

Council RESOLVED that the contract with Mr GJ Harlock to serve as Chief Executive, Chief Finance Officer and Returning Officer be extended for a further period to 30 June 2009, and that negotiations on the detailed Terms and Conditions be delegated to be undertaken by the Leader of the Council and Resources, Staffing, Information and Customer Services Portfolio Holder in consultation with the Chairmen of the Employment and Scrutiny and Overview Committees.

Council considered a report regarding the Chief Executive’s conditions of employment.

Council RESOLVED that the contract with Mr GJ Harlock to serve as Chief Executive, Chief Finance Officer and Returning Officer be extended for a further period to 30 June 2009, and that negotiations on the detailed Terms and Conditions be delegated to be undertaken by the Leader of the Council and Resources, Staffing, Information and Customer Services Portfolio Holder in consultation with the Chairmen of the Employment and Scrutiny and Overview Committees.

The Committee will be considering options for the appointment of a Chief Executive.  Any recommendations will be distributed as soon as possible. 

Added following the Committee meeting:

            By a unanimous vote, the Committee RECOMMEND TO COUNCIL that

Mr GJ Harlock, Finance and Resources Director be offered a one-year Fixed Term contract, extendable by mutual consent, for the post of Chief Executive, commencing on 1 July 2006. Negotiations regarding the terms of the Finance and Resources Director’s redundancy to be delegated to the Leader of the Council and the current Chief Executive.

RESOLVED that

(a)        the appointment of Mr GJ Harlock, current Finance and Resources Director, as Chief Executive/Head of Paid Service/Section 151 Officer for one year from 1 July 2006 to 30 June 2007 be approved;

(b)        the fixed term contract be extendable by mutual consent of the Council and Mr Harlock; and

(c)        the terms and conditions of such appointment, including as to remuneration, are to be agreed between Mr Harlock and the Chairman of the Transformation Committee and the Chairman and Vice-Chairman of the Employment Committee, taking professional advice as appropriate from the current Chief Executive/Head of Paid Service.

Council was asked to consider revised recommendations, following legal advice, on the appointment of a chief executive.  Members welcomed the first two recommendations, approving the appointment of Mr Harlock, although some would have preferred to see the post advertised.  They were, however, uncomfortable with the suggestion in the third that responsibility for agreement on terms and conditions should be borne by one Member.  Councillor Edwards suggested that the responsible body should be the Transformation Committee or the Employment Committee.  The Chairman of the Transformation Committee responded that, rather than calling an urgent meeting of a whole committee, he would welcome the involvement of the Chairman of the Employment Committee.  At Councillor Edwards’ request, the Vice-Chairman of the Employment Committee was also included.

Councillor Kindersley offered his thanks to his fellow members of the Transformation Committee and to the Management Team for their work and forbearance.  He welcomed Mr Harlock and Mr Hampson to continued working with the Council and wished Mr Ballantyne and Mr Hussell well.

Council, with 1 abstention, RESOLVED that

(a)        the appointment of Mr GJ Harlock, current Finance and Resources Director, as Chief Executive/Head of Paid Service/Section 151 Officer for one year from 1 July 2006 to 30 June 2007 be approved;

(b)        the fixed term contract be extendable by mutual consent of the Council and Mr Harlock; and

(c)        the terms and conditions of such appointment, including as to remuneration, are to be agreed between Mr Harlock and the Chairman of the Transformation Committee and the Chairman and Vice-Chairman of the Employment Committee, taking professional advice as appropriate from the current Chief Executive/Head of Paid Service.

To consider options for the appointment of a Chief Executive.

(a)        By a unanimous vote, the Committee RECOMMEND TO COUNCIL that

Mr GJ Harlock, Finance and Resources Director be offered a one-year Fixed Term contract, extendable by mutual consent, for the post of Chief Executive, commencing on 1 July 2006. Negotiations regarding the terms of the Finance and Resources Director’s redundancy to be delegated to the Leader of the Council and the current Chief Executive.

(b)               The Committee,

REAFFIRMED the approval by Council on 23 February 2006 of the Medium Term Financial Strategy, which included the business proposal from Mouchel Parkman that the salaries of the posts of the new Chief Executive and Executive Director be increased by 10%.

The Chairman reported and confirmed that several options regarding the appointment of a Chief Executive had been discussed with both Members and officers, with the outcome that in order to give South Cambs residents value and a Council fit for purpose, he recommended that the current Finance and Resources Director be offered a one-year Fixed Term Contract, commencing in July.

As a result of this consideration, the Medium Term Financial Strategy approved by Council on 23 February had been revised to take into account the appointment of the Finance and Resources Director for one year in the CEO post and the assimilation of the current Housing and Environmental Health Director in the Executive Director post. The revised figures showed an increase in savings to £406,000. Papers showing both sets of figures were tabled at the meeting.

One Member expressed reservations on how the savings could be implemented; the Chairman responded that due to investment in IT, the exercise should not prove difficult. Another Member reiterated his continued doubts about the formation of a two-tier Management Team system, but was happy to support the interim proposal.

Several Members raised the issue of Section 151 financial responsibility and the need to continue negotiations on its location, together with the involvement of the Employment Committee in the future recruitment process of the Chief Executive.

The Chairman confirmed that both these issues would be addressed at the appropriate time.

In conclusion and by a unanimous vote, the Committee

(a)            RECOMMEND TO COUNCIL that

(i)                 the appointment of Mr GJ Harlock, current Finance and Resources Director, as Chief Executive/Head of Paid Service/Section 151 Officer for one year from 1 July 2006 to 30 June 2007 be approved;

(ii)                the fixed term contract be extendable by mutual consent of the Council and Mr Harlock; and

(iii)              the terms and conditions of such appointment, including as to remuneration, are to be agreed between Mr Harlock and the Chairman of the Transformation Committee, taking professional advice as appropriate from the current Chief Executive/Head of Paid Service.

(b)               REAFFIRMED the approval by Council on 23 February 2006 of the Medium

Term Financial Strategy, which included the business proposal from Mouchel Parkman that the salaries of the posts of the new Chief Executive and Executive Director be increased by 10%.

To finalise the advertisement of the new Chief Executive post. 

The Committee

APPROVED       the advertisement for the new Chief Executive for final drafting, subject to the deletion of the last two sentences in the second paragraph and other typographical changes; the final draft to be circulated to the Committee for checking before publication.

The re-drafted advertisement was considered and it was confirmed that the same wording would be used for internal and external advertisement.  Concerns were expressed that some wording might be seen as imposing a direction on the new Chief Executive and that there was duplication.  After discussion, the Committee, noting that publication was due later in the week,

APPROVED       the advertisement for the new Chief Executive for final drafting, subject to the deletion of the last two sentences in the second paragraph and other typographical changes; the final draft to be circulated to the Committee for typographical checking before publication.

To consider the recommendation of the Transformation Committee at its meeting of 20 February 2006 that

Council, by 31 votes to 7, with 2 abstentions, RESOLVED that

Council further, by 30 votes to 6 with 2 abstentions, RESOLVED that

The Leader applauded the Chief Executive as an asset to the Council and for his willingness to work with Members for the greater good of the Council and the residents of the District.  The Chief Executive had been offered the opportunity to retire early through redundancy and had indicated his wish to accept it.  The Transformation Committee had taken specialist legal advice and recommended acceptance of the terms put forward.

The Leader further explained the potential financial implications should Council refuse the application for voluntary redundancy outright or reject the discretionary element of the proposed package, in view of recent events.  Other than the discretionary element, the proposed payments were in accordance with the Council’s policies on redundancy for any member of staff.

In response to queries, the Leader and officers explained that:

   i.                  The flexibility referred to related to the termination date, which could be adjusted to meet the needs of either Mr Ballantyne or the Council

 ii.                  A compromise agreement was where the employer and the employee reached agreement to refrain from instituting proceedings in relation to the contractual terms of employment. The agreement, once reached, was binding on both parties

iii.                  The difference between the figures now presented and those originally shown as the total cost was because the present figures related to the year 2006/07 only, whereas the earlier figures showed rolled up benefits over a number of years.  The Finance and Resources Director gave a revised total cost figure incorporating the information now being considered by Council.

iv.                  If necessary to cover the interregnum, the Council would appoint an acting Chief Executive or Returning Officer

 v.                  The Council had complied with the Constitution and all statutory requirements in this matter

Councillor Dr Bard asked, and it was agreed, that flexibility on the termination date should be delegated to the Transformation Committee as a whole, with ratification by Cabinet.

Councillor Cathcart reiterated his concerns with the approach of the project; stating his preference for considering the second tier and the shape of the authority before taking the action now proposed.  His concerns were shared by Councillors Mrs Roberts and NJ Scarr.  Councillor Mrs Spink, however, pointed out that a new Chief Executive would have his or her own ideas about the rest of the staff structure and suggested that Council should make this possible.  The Leader added that the Heads of Service structure had been found fit for purpose.  Councillor MJ Mason also expressed his unhappiness with the project, particularly the sidelining of the Employment Committee.  He accepted the challenge of the Leader to provide the Chairman with evidence of non-compliance with policies.

Recorded votes were requested and agreed.

Council, by 31 votes to 7, with 2 abstentions, RESOLVED that

By a majority vote, the Committee RECOMMEND TO COUNCIL that

The Chairman of Council was asked to take steps to take the recommendations to a special meeting of Council.

The Committee

By a majority vote, the Committee RECOMMEND TO COUNCIL that

The Chairman of Council was asked to take steps to take the recommendations to a special meeting of Council.

The Committee