Agenda item

The Council considered a report on the proposed revision of the Officer Employment Procedure Rules within Part 4 of the Council’s Constitution. The report, together with the proposed new Officer Employment Procedure Rules, had been considered initially by the Joint Constitutions Review Group (JCRG) at its meeting on 30 November 2023. 

As part of the current collaborative work programme to update both Guildford’s and Waverley’s Constitutions, the Joint Executive Head of Legal and Democratic Services had deemed the Officer Employment Procedure Rules as a high priority, requiring urgent attention, particularly at Waverley where none currently existed, and Guildford’s were considerably out of date. 

The proposed new Officer Employment Procedure Rules had been drafted using examples of good practice, based on the statutory framework.  These procedure rules would apply only to the Joint Management Team (JMT).

The Council noted that the JCRG had recommended approval of the new Officer Employment Procedure Rules to both the Corporate Governance & Standards Committee and to Waverley’s Standards & General Purposes Committee at their respective meetings in January, with a further recommendation that each committee recommends the adoption of the new procedure rules to their respective full Council meetings.

The JCRG had also considered related proposals to expand the remit of the existing Joint Appointments Committee to include procedures for disciplinary action against, and the dismissal of, joint senior members of staff.  Consequently, it would also be necessary to change the name of the Committee to “Joint Senior Staff Committee”.

The Council noted that the current terms of reference of the Employment Committee, included matters relating to the employment (including appointment, disciplinary action and dismissal) of the Council’s most senior officers.   The procedures for dealing with those matters were set out in the existing Officer Employment Procedure Rules.  The Employment Committee’s terms of reference did not take into account the collaboration between the two councils, the establishment of the JMT and of the Joint Appointments Committee. They were therefore out of date, of no practical use and were superfluous and in contradiction to the terms of reference of the Joint Appointments Committee. 

Approval of the new Officer Employment Procedure Rules would therefore, as a consequence, require the formal disbandment of the Employment Committee as its remit would be subsumed into the Joint Senior Staff Committee.

It was noted, however, that the Employment Committee’s terms of reference also included “approval of the Council’s human resources policies”, which were not within the remit of the Joint Appointments Committee, or within its expanded remit as the Joint Senior Staff Committee.  It was therefore proposed that this function be delegated to the Head of Paid Service.

The Council noted that, at their meetings held respectively on 8 and 18 January 2024, Waverley’s Standards & General Purposes Committee and the Corporate Governance & Standards Committee had endorsed the proposed new Officer Employment Procedure Rules for adoption by both councils.  The Waverley Committee had suggested a minor amendment, details of which were set out in the report.  The Corporate Governance & Standards Committee supported the amendment and also the proposal to disband the Employment Committee and to delegate the function of approval of human resource policies to the Head of Paid Service.

Upon the motion of the Lead Councillor for Regulatory & Democratic Services, Councillor Merel Rehorst-Smith, seconded by the Leader of the Council, Councillor Julia McShane the Council

RESOLVED:

(1)    That, subject to the agreement of Waverley Borough Council at its extraordinary Council meeting on 24 January 2024:

(a)     the new Officer Employment Procedure Rules, as set out in Appendix 1 to the report submitted to the Council, be adopted into the Constitution with effect from 25 January 2024, subject to the inclusion in the Officer Employment Procedure Rules of a reference to the schedule of proper officers listed in part 3 of the Constitution, and that they replace the Council’s existing Officer Employment Procedure Rules;

(b)    the revised terms of reference for the Joint Appointments Committee and change of its name to “Joint Senior Staff Committee” to reflect its expanded responsibilities, as set out in Appendix 4 to the report, be adopted; and

(c)     the Monitoring Officer be authorised to convene, where necessary, an Independent Panel, as provided for in the Officer Employment Procedure Rules.

(2)    That the Employment Committee be disbanded.

(3)    That the Head of Paid Service be authorised to approve, where necessary, any human resources policies that apply to Guildford Borough Council.

(4)    That the Council confirms the GBC membership of the Joint Senior Staff Committee, for the remainder of the 2023-24 municipal year, as being:

·      Councillor Philip Brooker   

·      Councillor Julia McShane

·      Councillor Fiona White

Reasons:

To ensure that both Guildford and Waverley have adequate arrangements in place to deal with the employment of all officers including senior management and statutory officers.  Approval of the new Officer Employment Procedure Rules will be the first step in the process to align the constitutions of Guildford and Waverley where appropriate to do so.