Agenda item

To agree the proposed changes to the Constitution relating to the Staff Employment Procedure Rules.

Members received a report from Gillian Bevan, the Head of Human Resources - Business Partnering, who explained that the report recommended significant changes to the Staff Employment Procedure Rules. She noted that these changes were part of the Council’s initiative to incorporate lessons learned from previous recruitment exercises and contract extensions reviewed by the Appointments and Disciplinary Committee (ADC). The main goal was to enhance governance and clarify procedures related to senior staffing matters, focusing on improving decision-making processes.

Gillian referred to section 4 of the report, highlighting key points. She indicated that the proposed changes to the staff employment procedure rules were detailed in section 4.3.1, which included updates, improvements, and corrections of drafting errors. For example, on page 46, corrections were made to the Constitution’s Part 2 and Part 3 regarding responsibilities for functions as they pertained to the ADC.

She emphasised that page 46 outlined corrections and cultural changes along with other necessary amendments. Additionally, section 4.3.2reflected established ADC practices, particularly concerning appointment decisions for directors and higher-level positions, with relevant regulations found in the appendix on page 51.

Gillian then discussed changes related to officer delegation arrangements for interim or fixed-term appointments, detailed in section 4.3.5 (page 55). She clarified that the head of paid service would be responsible for making appointments for deputy chief officers and directors lasting less than two years, with ADC members needing to be notified. Any extensions beyond two years would require ADC approval. For corporate directors, the head of paid service would make appointments for up to one year, with extensions again needing ADC approval.

She emphasised the importance of these changes for the Council to remain competitive in the employment market, as current procedures necessitated multiple ADC meetings, which consumed significant officer time. The proposed changes aimed to simplify the process and increase agility in making interim appointments.

Gillian also referred to section 4.3.6, which formalised arrangements for disciplinary matters concerning senior officers. She clarified that the changes made explicit officers’ rights of appeal, including the limited circumstances in which appeals were possible to the Appeals Committee.

She continued by highlighting section 4.3.9, which clarified the rules on suspension (pages 58-59) and confirmed that the terms of reference for the ADC had been amended, as outlined in section 4.4 (page 45).

In conclusion, Gillian stated that the proposed changes aimed to ensure that all staffing matters would be managed by the ADC, including the Council’s annual pay policy statement, thus placing overall staffing responsibility with the ADC. She referenced paragraph 4.6 (page 49), which indicated that an annual report would be provided to the ADC regarding the operation of the rules, ensuring continuous review and improvement.

The Chair confirmed that the proposed changes had been thoroughly reviewed by the Constitution Working Group, which comprised councillors from various parties. He reiterated that the changes had undergone extensive discussion within the working group and were now presented to the committee for consideration.

Councillor Alasdair Stewart who was also a member of the Constitution Working Group, expressed satisfaction with the outcome, stating that the lengthy discussions had been accurately reflected in the current report. He confirmed their support for the recommendations.

The Chair moved to recommend that the committee accept the recommendations as outlined in the report.

For the reasons set out in the report, the General Purposes Committee

RESOLVED to:

2.1.1    Review and comment on the proposed changes to the Constitution   

            contained in paragraph 4.5 of this report and Appendix 1; and

2.1.2     Recommend to Full Council the approval of the proposed changes.