Meeting documents

General Purposes Committee
Monday, 7th September, 2009 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
GP 09/028 Declarations of interest.
There were no declarations of interest made. However Councillors Allison and Miss Sergison withdrew from the meeting prior to consideration of the item on the Corporate Establishment Review - Budget Savings in order to avoid prejudicing their ability to serve on the Licensing and Appeals Panel to hear any subsequent staff appeals.
GP 09/029 Minutes
RESOLVED: That the Minutes of the meeting of the General Purposes Committee held on 29 June 2009 be approved as a correct record and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE COUNCIL
GP 09/030 Minutes of Electoral Review Working Group
The Minutes of the meeting of the Electoral Review Working Group held on 25 August 2009 were presented.

RECOMMENDED: That the Minutes of the meeting of the Electoral Review Working Group held on 25 August 2009 be received and noted and the recommendations contained therein be adopted as follows:

(1) the submissions made regarding the consultation on the Draft Proposals, as set out at Annex 3 to the report, be noted; and

(2) the publication and adoption of the following proposals be commended to the Council:-

Proposal 1
Councillor representation on parish councils be altered in line with National Association of Local Council recommendations based on expected 2013 electorate, with the exception of Wouldham Parish Council (where 2008 electorate figures will be used), Snodland Town Council (where the overall membership will remain the same as present but the balance between wards will change) and Hildenborough Parish Council (where membership will be the same as at present);

Proposal 2
The parish boundary of Ditton Parish and the parish and parish ward boundary of East Malling & Larkfield Parish be moved to the southern edge of the former Frantschach site to follow the boundary with the former Reedpack site; and

Proposal 3
Recommendations be made to the Electoral Commission to alter Borough Ward and County Division boundaries to reflect the proposed changes made at a parish level.


*Referred to Council
GP 09/031 Partnership Working Arrangements - Guiding Principles
In introducing the Management Team's report the Central Services Director drew attention to the reference to partnership working in the set of principles endorsed by the Council in February 2007 in support of the "Kent Agreement". The Committee was updated on progress in partnership working between the "cluster" of authorities comprising Tonbridge and Malling and Dartford, Gravesham and Sevenoaks Councils.

The report highlighted the advantages and challenges associated with joint working and identified the need to consider "partnership supplements" for those staff who were sharing their time between different authorities.

RECOMMENDED: That

(1) the principles of partnership working, as set out in the report, be endorsed including the provision for partnership supplements; and

(2) decisions regarding the award of partnership supplements be delegated to the Chief Executive, in consultation with the Chairman of the General Purposes Committee, within the parameters contained in the report and Part 3 of the Council's Constituion (functions delegated to officers) be updated accordingly.
*Referred to Council
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
GP 09/032 Audit Commission - Annual Governance Report 2008/09
Consideration was given to the joint report of the Chief Executive and Director of Finance inviting endorsement of the Annual Governance Report for 2008/09 from the Audit Commission which needed to be approved prior to the District Auditor signing off the Accounts. In addition it was recommended that the Chairman of the Committee countersign the Letter of Representation prepared by the Director of Finance.

Mr A Mack (District Auditor)and Mr T Greenlee (Audit Manager) attended the meeting to present the report and answer questions raised by Members. It was noted that there were no material or significant issues that needed to be brought to the attention of the Committee and the District Auditor anticipated being able to issue an unqualified opinion on the Accounts. Details were given of an action plan set out in the Annual Governance Report which had been agreed with the District Auditor following the outcome of the audit.

Members expressed their appreciation of the professionalism of officers in preparing the accounts and the constructive approach of the District Audit team in undertaking the audit.

RESOLVED: That

(1) the Annual Governance Report for 2008/09 be endorsed and approved; and

(2) the Chairman be authorised to countersign the revised Letter of Representation set out at Annex 2 to the report.
GP 09/033 Statement of Accounts 2008/09
Further to the Committee's approval of the unaudited copy of the Statement of Accounts on 29 June 2009, the Director of Finance updated Members on the outcome of the audit of the Council's Accounts. It was noted that whilst there were no material changes required to the Accounts following the audit, some minor technical and textual amendments had been made.

RESOLVED: That the Chairman be authorised to sign the Accounts in the appropriate place.
GP 09/034 2009 Pay Award
Consideration was given to the report of the Chief Executive which put forward a proposal in respect of a pay award for 2009. It was noted that the delay in addressing the matter resulted from the difficult financial position faced by the Borough Council when setting its budget and the effect of the ongoing economic downturn on the major revenue streams. Members were advised that the results of the exercise to identify the £600,000 savings forming part of the Council's Medium Term Financial Strategy were now available to inform consideration of the issue of a pay award.

Details were given of a range of factors to which the Committee should have regard in reaching its decision on the matter including movements in the Retail Price Index, comparative pay settlements, prevailing economic conditions, the Council's budget provision and implications of the withdrawal of private medical insurance. The report therefore proposed a means of containing the costs to the Council while ensuring that its competitive position was not damaged but marginally improved. This involved the implementation of a pay award at the budgeted level but delayed until October 2009.

The Chief Executive advised that support for the approach had been obtained from Unison and staff representatives via the Joint Employee Consultative Committee. Members commended the staff for the way in which they had reacted to the difficult financial position faced by the Council and Mr J Lennox-Short, Unison Branch Secretary, was invited to address the Committee.

RESOLVED: That a pay award be made to all relevant staff, including those in the Leisure Services Business Unit, of 2% with effect from 1 October 2009.

(In presenting the report the Chief Executive declared an interest in the matter.)
GP 09/035 Revised Disciplinary Procedure
The Central Services Director presented a revised Disciplinary Procedure which had been developed as part of an ongoing review of all the Council's employment policies and procedures. It was noted that the Employment Act 2008 initiated new provisions governing the handling of discipline and grievance at work. The new procedure incorporated the principles set out in an ACAS Code of Practice accompaning the Act regarding the actions to be followed by employers and employees when dealing with disputes at work.

RESOLVED: That the Revised Disciplinary Procedure set out at Annex 1 to the report be adopted.
GP 09/036 Tonbridge and Malling Borough Council Apprenticeship Scheme
The report of the Central Services Director outlined the national framework for apprenticeship schemes and provided information about the programmes already operating in neighbouring councils. Consideration was given to proposals for a small Tonbridge and Malling Customer Service Apprenticeship Scheme at an estimated cost of £16,500 per annum to be met from the Council's reserves.

The Committee welcomed the Council's participation in such a scheme which would allow it to make a positive contribution to ensuring the economic vitality of the area and the availability of a skilled workforce for the future. It was noted that the initiative would take place on a pilot basis with progress being reported back to the Committee in due course.

RESOLVED: That a pilot one year Customer Service Apprenticeship Scheme for up to three apprentices and commencing in the autumn be approved.
MATTERS SUBMITTED FOR INFORMATION
GP 09/037 Ombudsman's Annual Review 2008/09
The Chief Executive reported receipt of the annual review by the Local Government Ombudsman, a copy of which was appended to the report. Attention was drawn to a change in the way in which the Ombudsman handled complaints which was reflected in the presentation of complaints information. Members were advised that the number of determined complaints against the Council had decreased in 2008/09 and Tonbridge and Malling had again attracted fewer complaints than any other authority in Kent. Furthermore, for the 18th year in succession there had been no findings of maladministration against the Council.

The Committee was pleased to note that the Ombudsman had commented that the importance placed by the Council on its complaints process had been reflected in the low volume of complaints received and its helpful approach to enquiries. Thanks were recorded to the Chief Executive and staff for fostering this ethos.

RESOLVED: That the report be received and noted.
GP 09/038 Revision to the Salary Policy
The report of the Central Services Director gave details of action taken by the Management Team to amend the Council's Salary Policy in order that the protection of salary scale points would not continue in the event that the grade of the post was increased. It was noted that staff consultation had been undertaken via the Joint Employee Consultative Committee.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
GP 09/039 Exclusion of Press and Public
The Chairman moved, it was seconded and

RESOLVED: That as public discussion would disclose exempt information, the following matters be considered in private.
PART 2 - PRIVATE
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
GP 09/040 Corporate Establishment Review - Budget Savings
(Reason: LGA 1972 Sch 12A Para 1 - Information relating to an individual)

  • (Attachment: 21)Report of Management Team
  • (Attachment: 22)Annex 1
  • (Attachment: 23)Annex 2
  • (Attachment: 24)Annex 3
  • (Attachment: 25)Annex 4
  • (Attachment: 26)Annex 5
  • (Attachment: 27)Annex 6
  • (Attachment: 28)Annex 7
  • (Attachment: 29)Annex 8
Consideration was given to the report of the Management Team which set out the results of a corporate establishment review undertaken as part of the budget savings regime. In introducing the report the Chief Executive emphasised that the identification of savings of around £600,000 had been acknowledged as essential during the setting of the Council's budget for 2009/10. This had required a radical review of the Council's establishment leading to proposals which would result in annual base budget savings of £443,884 within the Corporate Budget and £36,307 (net of lost income) in the Leisure Services Business Unit. The Committee was advised that discussions had already commenced with the staff side and union representatives and relevant statutory consultations were underway.

The report set out establishment proposals on a Service by Service basis which fell within a number of categories including deletion of posts that were currently vacant; restructuring of teams with a view to delivering overall savings; deletion of posts where there were incumbents, leading to redundancies should there be no suitable alternative employment; and deletion of posts where there were incumbents who would either retire by choice or reach the age of 65 in the short to medium term. In deliberating on the proposals Members were given time to read and then gave careful consideration to representations submitted by two members of staff whose posts were recommended for deletion. Attention was drawn to the provisions of the Council's Employment Stability Policy and the Unison Branch Secretary was invited to address the Committee.

Considerable discussion ensued on the overall report and the detailed recommendations for each Service. Appreciation was expressed for the understanding of staff in addressing the need for the Council to deliver the required magnitude of savings. The Committee acknowledged that the scale of establishment reductions would have an impact on the capacity of the organisation and its ability to respond to new initiatives.

RESOLVED: That

(1) the following fifteen vacant posts be deleted with immediate effect:

(a) Post DC0602 (Civic Assistant, part-time) - Mayor's Office;
(b) Post DC0603 (Civic Assistant, part-time) - Mayor's Office;
(c) Post DB0104 (Technical Officer) - Improvement & Development Unit;
(d) Post DA0505 (Cleaner, part-time) - Caretaking & Cleaning;
(e) Post DF0210 (Accountancy Assistant, part-time) - Accountancy;
(f) Post DF0211 (Clerical Assistant, part-time) - Accountancy;
(g) Post DF0909 (Revenue Assistant, part-time) - Revenues;
(h) Post DG0904 (Senior Purchasing Assistant) - shared by Environmental Health and Leisure;
(i) Post DV0705 (Housing Strategy and Enabling Officer, part-time) - Housing Services;
(j) Post DJ0120 (Planning Technician, part-time) - Development Control;
(k) Post DJ0130 (Planning Clerk) - Development Control;
(l) Post DJ0901 (Planning Technician) - Development Control;
(m) Post DJ0207 (Building Control Surveying Technician) - Building Control;
(n) Post XX1203 (Larkabout Assistant, part-time) - Leisure Services Business Unit;
(o) Post XX1704 (Pre-school Assistant, part-time) - Leisure Services Business Unit.

(2) it be noted that ten further posts are proposed for deletion but are currently occupied (although in one case the post-holder has already given notice to terminate employment in September 2009, and another to retire on 31 March 2010). In each of the cases the following actions be taken:

(a) with effect from 9 September 2009, delete Post XX1703 (Pre-school Assistant, part-time) - Leisure Services Business Unit. As the post becomes vacant on this date, there are no further implications;

(b) with effect from 31 March 2010, when the existing post-holder retires, delete Post DG0901 (Administrative Manager, part-time) - Leisure Services. As the post-holder has already given notice to retire on this date there are no further implications;

(c) with effect from 15 December 2010 (or when the existing post-holder retires if sooner), delete Post DV0305 (Environmental Health Technician, part-time) - Environmental Protection. As the post-holder will have reached the age of 65, no formal redundancy situation will apply;

(d) with effect from 30 May 2011 (or when the existing post-holder retires if sooner), delete Post DF0408 (Exchequer Assistant) - Exchequer Services. As the post-holder will have reached the age of 65, no formal redundancy situation will apply;

(e) with effect from 2 January 2012 (or when the existing post-holder retires if sooner), delete Post DJ0301 Chief Planner (Policy). As the post-holder will have reached the age of 65, no formal redundancy situation will apply;

(f) with effect from 31 March 2010, delete Post DJ0310 (Principal Planning Officer-Policy). Discussions to continue under the Employment Stability Policy to redeploy the existing post-holder to Senior Planning Officer Post DJ0304; but if this should fail it be noted that this would result in a compulsory redundancy with effect from 31 March 2010 for which the formal consultation process has taken place;

(g) with effect from 8 September 2009, delete Post DE0502 (Systems Administrator) - Parking Services. It be noted that this will result in a compulsory redundancy with effect from 8 September 2009 for which the formal consultation process with the current postholder has taken place;

(h) with effect from 31 March 2010, delete post DE0102 (Senior Engineer) - Transport Services - Projects. It be noted that this will result in a compulsory redundancy with effect from 31 March 2010 for which the formal consultation process with the current postholder has taken place;

(i) with effect from 2 April 2010, delete Post XX1701 (Pre-school Supervisor, part-time) - Leisure Services Business Unit. It be noted that this will result in a compulsory redundancy with effect from 2 April 2010 for which the formal consultation process with the current postholder has taken place;

(j) with effect from 2 April 2010, delete Post XX1702 (Pre-school Assistant, part-time) - Leisure Services Business Unit. It be noted that this will result in a compulsory redundancy with effect from 2 April 2010 for which the formal consultation process with the current postholder has taken place;

(3) the following posts be regraded from the dates indicated:

(a) with immediate effect Post DC0401 (Electoral Administrator) - Elections from scale 6/SO to scale 6 and reduce the established hours from 37 to 22.5 per week;

(b) with immediate effect Post DR0002 (Chief Solicitor) - Legal Services from grade M3 to M4. It be noted that the post will continue to be filled by the Acting Chief Solicitor on grade M5 for the remainder of his fixed term appointment;

(c) with immediate effect, Post DB0102 (Improvement & Development Officer) - IDU from grade M8 to SO/M9;

(d) with immediate effect, Post DB0105 (Technical Officer) - IDU from scale 5/6 to 5/6/SO;

(e) with immediate effect, Post DA0510 Cleaner from scale 1 to scale 2 and increase the hours worked from 11.5 to 25 per week;

(f) with immediate effect, Post DV0517 (Administration Assistant) - Environmental Health from scale 1/2 to scale 2/3;

(g) with immediate effect, Post DV0715 (Housing Strategy & Enabling Officer) - Housing Services from grade SO to M9 and re-designate Housing Strategy & Enabling Manager;

(h) with immediate effect, Post DJ0128 (Planning Clerk part-time) - Development Control from scale 1/2 to scale 3/4, re-designate Planning Technician and increase the hours worked from 23 to 37 per week;

(i) with effect from 1 April 2010, Post DJ0101 (Chief Planner - Development Control) from grade M5 to M4 and re-designate Chief Planning Officer;

(j) with immediate effect, Post DE0513 (Administrative Assistant - Parking) from scale 2/3 to scale 4/5 and re-designate Senior Administrative Assistant - Parking;

(4) the working hours of the following posts be increased from the dates indicated:

(a) with immediate effect, Post DC0403 (Clerical Assistant) - Elections from 18.5 to 37 per week;

(b) with effect from 30 May 2011 (or when Post DF0408 is deleted if sooner), Post DF0409 (Exchequer Clerk) from 18.5 to 20 per week;

(c) with effect from 15 December 2010 (or when post DV0305 is deleted if sooner), Post DV0304 (Environmental Health Technician) from 22 to 30 per week;

(d) with immediate effect, Post DJ0129 (Clerk - Development Control) from 23 to 37 per week;

(e) with effect from 1 April 2010, Post DE0103 (Engineer - Projects) from 30 to 37 hours per week.

(f) with immediate effect, Post DC0601 (Mayor's Assistant) from 37 to 39 per week (currently job-shared);

(5) the working hours of the following posts be reduced from the dates indicated:

(a) with effect from 1 April 2010, Post DR0003 (Principal Legal Officer) from 37 to 21 per week;

(b) with immediate effect, Post DA0504 (Cleaner in Charge) from 43.25 to 14 per week;

(c) with immediate effect, Post DF0904 (Revenue Assistant) from 18.5 to 13 per week;

(d) with immediate effect, Post DF0602 (Benefits Investigation Officer) from 37 to 22 per week;

(e) with immediate effect, Post DJ0307 (Graphic Design Officer - Planning Policy) from 37 to 30 per week;

(6) the following new posts be created from the dates indicated:

(a) with effect from 30 May 2011 (or when post DF0408 is deleted if sooner), Clerical Assistant (Exchequer Services) on scale 1/2 for 20 hours per week;

(b) with effect from 1 April 2011 (or when Post DJ0301 is deleted if sooner) Planning Policy Manager on grade M6 for 37 hours per week;

(7) the partnership arrangement working within the Revenues Section be endorsed whereby the costs of Post DF0902 (Principal Revenue Officer) are shared on a 50:50 basis with Gravesham Borough Council and be reflected in the Council's Estimates accordingly (subject to the ‘partnership working principles' being approved at Minute GP 09/031);

(8) in relation to the partnership arrangement above, the need to reflect a partnership supplement, as set out at Minute GP 09/031, in the remuneration package of the postholder for DF0902 whilst the partnership is in place be endorsed;

(9) it be noted that from 2010/11 onwards there is a need to provide a revenue budget of £10,000 for the cost of procuring external structural engineering advice for the Building Control Service;

(10) it be noted that from 2010/11 onwards there is a need to provide additional temporary staff provision within Leisure Services of £5,000 in relation to the Administrative function;

(11) it be noted that from 2010/11 temporary staff and overtime budgets relating to the pre-school activities can be deleted from the budgets;

(12) the closure of the pre-school at Larkfield Leisure Centre from 2 April 2010 and the consequent loss of income from the withdrawal of this service be noted;

(13) the Central Services Director be requested to bring forward a further review of Legal Services, incorporating Land Charges and Licensing functions, later in the year; and

(14) the reduced capacity of the organisation following this wholesale review of the establishment be noted and recognised.


The meeting ended at 2216 hours

Attendance Details

Present:
Cllr B J Luker (Chairman), Cllr P F Bolt (Vice-Chairman), Cllr M A C Balfour, Cllr C Brown, Cllr G Court, Cllr R W Dalton, Cllr Miss A Moloney and Cllr M S Worrall.
In attendance:
Councillors Aikman, Allison, Baldock, Coffin, Heslop, Lettington, Rhodes, Miss Sergison, Mrs Simpson and Sullivan were also present pursuant to Council Procedure Rule No 15.21.

Apologies for absence were received from Councillors Clements, Keeley, MacDonald, Ms Spence and Stone.