Agenda item

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

The votes cast were:

The Chairman did not vote.

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

The votes cast were:

The Chairman did not vote.

The Chairman reminded Members that the information contained in the restricted paper remained so.