UPDATED: Wirral Council U-turns on secrecy of Chief Officer’s early retirement in only 26 hours!

UPDATED: Wirral Council U-turns on secrecy of Chief Officer’s early retirement in only 26 hours!

UPDATED: Wirral Council U-turns on secrecy of Chief Officer’s early retirement in only 26 hours!

                                                   

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Employment and Appointments Committee 22nd September 2015 L to R Surjit Tour (Legal), Cllr Adrian Jones (Chair) and Tony Williams (Human Resources)
Employment and Appointments Committee 21st September 2015 L to R Surjit Tour (Legal), Cllr Adrian Jones (Chair) and Tony Williams (Human Resources)

Correction/update An earlier version of this story linked the Employment and Appointments Committee decision to the departure of Malcolm Flanagan. The Employment and Appointments Committee decision was about the early retirement of another Chief Officer Strategic Director Kevin Adderley whose early retirement has been confirmed by Wirral Council.

Yesterday’s Employment and Appointments Committee meeting (see above) was another masterclass in how politicians will seemingly agree to anything that senior officers ask them to do (however nonsensical).

I asked to speak at the meeting to challenge excluding the press and public (a decision that affects me) for the early retirement item and as Mr. Tour stated during the meeting previously early retirements of chief officers (Jim Wilkie’s cost around £111k to Wirral Council) were considered in public. The request to speak was denied.

There is a slight irony to this as when Mayor Cllr Adrian Jones signed up to article 21. Article 21’s interpretation has meant that at other council’s public meetings the public get to speak … but not at Wirral Council when a decision is being made about them by the whole Committee.

I gave the Chair and Mr. Tour a bunch of public interest reasons (the high cost to Wirral Council of early retirement, the cost of recruiting to that post if it isn’t deleted, scrutiny of politicians etc) before the meeting. All ignored, the public were asked to leave and by around 7.30pm at a public meeting, after excluding the public at around 5.05pm, Wirral Council was announcing a name of a chief officer that was retiring (but not the one the Employment and Appointments Committee made an early retirement decision on). Malcolm Flanagan’s departure was announced but Kevin Adderley’s retirement was still a secret until the next day.

The Head of HR wasn’t present at the Employment and Appointments Committee meeting, she was also due to present a report on attendance management to the Transformation and Resources Committee later that evening, however she was absent from that meeting too (yes I do spot the irony in being absent from a meeting where you’re supposed to be presenting a report on why people are absent from work).

Councillor John Salter did ask the Wirral Council officer in her place at the later meeting about the “attendance management” of Emma Degg only to be told that Wirral Council don’t comment on individual cases.

This perhaps shows councillors that as far as officers are concerned they’re the ones running things and councillors can keep their nosy questions to themselves. If they do have the gall to ask them they will be brushed off. The official motto of Wirral Council is “By Faith and Foresight”.

Across the water Mayor Anderson referring to Liverpool City Council commented recently ‘for too long this Council was run like a toy town at Council and officers led the Council by the nose’.

At Wirral Council officers have been leading the Council since as long as anyone can remember (despite what the councillors may say to the contrary). Here are three examples (with the catchphrase of Churchill’s nodding dog).

Will councillors approve officer recommendations for parking charges for Fort Perch Rock car park?

Councillors: Oh yes.

Will councillors do a U-turn on parking charges for Fort Perch Rock car park?

Councillors: Oh yes.

Will councillors decide to close a much-loved special school called Lyndale?

Councillors: Oh yes.

Here are three examples when councillors or those tasked with corporate governance ask officers something.

Will you renegotiate the Schools PFI contract to save money and save having to make massive cuts to the education budget which will cut support for those with special education needs?

Officer: Oh… no.

Will you answer questions about why Emma Degg left?

Officer: Oh… no.

Will you stop using long Powerpoint presentations to deliberately take up so much public meeting time so that nobody on a scrutiny committee has time (or very little time) to ask you questions?

Officer: Oh… no.

So there you go, Wirral Council summarised concisely.

As it was pointed out to me recently by a councillor that I need to be more positive, I will end by wishing Malcolm Flanagan all the best for his retirement and point out that not all officers at Wirral Council are like those described above. Some are decent human beings that work hard in difficult jobs and don’t get nearly enough thanks from either the press, public or politicians.

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Employment and Appointments Committee (Wirral Council) 15th November 2012: Compromise Contracts and Grievance Policy Changes

Employment and Appointments Committee (Wirral Council) 15th November 2012: Compromise Contracts and Grievance Policy changes

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Last Thursday’s Employment and Appointments Committee had the usual regular report on attendance. However it was the new Employee Relations Performance Report that received some press coverage in the Wirral News about the large percentage of employees that have had dealings with Human Resources in the Department of Adult Social Services (which according to the quote in the article from the Director mainly involve “absence management”). An extension to the current Occupational Health contract with Capita Health and Well being was also agreed.

Changes to the Grievance Policy were also agreed with the aims of the changes to speed up the process and give more of a role to line managers.

Outside of the more high-profile compromise contracts reported in the media, compromise contracts totalling nearly £100,000 covering three employees had been agreed by officers.

The agenda and reports for this meeting can be read on Wirral Council’s website.

Employment and Appointments Committee (Wirral Council) 24th September 2012 Part 1

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Present

Councillors on Employment and Appointments Committee

Cllr Lesley Rennie (Conservative)
Cllr Peter Kearney (Conservative)
Cllr Andrew Hodson (Conservative) deputy for Cllr Jeff Green (Conservative), spokesperson
Cllr Mark Johnston (Liberal Democrat), spokesperson
Cllr Paul Doughty (Labour), Chair
Cllr Phil Davies (Labour)
Cllr George Davies (Labour)
Cllr Ann McLachlan (Labour)

Officers
David Armstrong, Acting Deputy Chief Executive
Tony Williams, Acting Employee Relations Manager
Chris Hyams, Head of HR and Organisational Development
Surjit Tour, Legal adviser
Andrew Mossop, Committee Services Officer

In attendance:

Cllr Adrian Jones (Cabinet Member for Corporate Services)
Two members of public

00:08 to 00:15
The meeting started with the Chair, Labour councillor Paul Doughty welcoming people to tonight’s meeting.

1. Members’ Code of Conduct – Declarations of Interest 00:15

He asked if the councillors had any interests to declare? No declarations of interest were made.

2. Minutes 00:28

The minutes of the meeting held on the 12th July 2012 were agreed.

3. Managing attendance 00:55

Linked reportAppendix 1Appendix 2Appendix 3

The Chair, Labour Cllr Paul Doughty asked Tony Williams, Acting Employee Relations Manager to introduce the report.  Tony Williams said it was a regular report to update the Committee on attendance and referred to figures in the report.

Cllr Harry Smith (Cabinet Member for Streetscene and Transport) and Cllr Chris Meaden (Cabinet Member for Culture, Tourism and Leisure) arrive.

Tony Williams said the report showed that health issues were the highest cause of absence, which they were doing work to address, with an example being given of stress awareness. He also referred to the absence rate at the Department for Adult Social Services. He asked if there were any questions?

Cllr Paul Doughty said the report was for noting, so it was noted.

4. Update on Managing Workforce Change and Redeployment 03:20

Linked report, Appendix 1

The Chair, Labour Cllr Paul Doughty asked Tony Williams, Acting Employee Relations Manager to introduce this report.

Tony Williams said there were now fourteen employees on the register, he said at the last meeting there had been six, but five of these had been resolved. He said three on the register had complex circumstances, with two of these being due to disability, he referred to exempt appendix 12.

The Chair, Labour Cllr Paul Doughty referred to exempt appendix 12. He asked if anyone had any questions?

Cllr Mark Johnston, Liberal Democrat spokesperson asked about the reason behind the increase in employees on the register from the Department of Law, HR and Asset Management?
Tony Williams answered Cllr Johnston’s question by saying it related to a graduate trainees program. Cllr Mark Johnston asked a further question to Tony Williams. Tony Williams replied.

Cllr Lesley Rennie, Conservative asked about a point she had raised at the briefing. She wondered if the senior management restructure would lead to people’s jobs being subject to risk. She asked if in future members of the Committee, Leaders and Deputy Leaders could receive updates more regularly, such as fortnightly?

Chris Hyams answered.

The Chair Cllr Paul Doughty asked the Committee if they were happy to note the contents of the report? The report was noted.

5. Workforce Monitoring 2012/2013 Quarter 1 06:53

6. Restructure of Human Resources and Organisational Development 10:00
7. Monitoring Use of Compromise Contracts 29:25
8. Appeals SubCommittee 30:24
9. Employment and Appointments SubCommittee Minutes 14/6/12, 28/6/12, 4/7/12, 5/7/12 31:33
10. Any Other Urgent Business Approved by the Chair (Part 1) 31:46
11. Exclusion of press and public 31:52
12. Exempt Appendix – Update on Managing Workforce Change and Redeployment
13. Exempt Appendix – Monitoring Use of Compromise Contracts
14. Any Other Urgent Business Approved by the Chair (Part 2)

Investigation and Disciplinary Committee (21st September 2012) (Wirral Council)

Investigation and Disciplinary Committee
Date: 
21st September 2012
Time: 9.30pm

Committee Room 3

Investigation and Disciplinary Committee (6/7 present)

Cllr Ann McLachlan, (Chair), Labour
Cllr Adrian Jones, Labour
Cllr Ann McArdle, Labour
Cllr Lesley Rennie, Conservative
Cllr Mike Hornby, Conservative
Cllr Dave Mitchell, Liberal Democrat

Wirral Council Officers
Surjit Tour, Acting Head of Law, HR and Asset Management
Shirley Hudspeth, Committee Services Officer
Chris Hyams, Head of HR & Organisational Development
Tony Williams, Acting Employee Relations Manager
David Armstrong, Deputy Chief Executive?
Unknown officer (male)

In attendance
Cllr Paul Doughty, Labour, Chair of Employment and Appointments Committee
Two members of the public (John Brace, Leonora Brace) (items 1 to 3)

The Chair, Cllr Ann McLachlan (Labour) apologised for starting the meeting late.

1. Declarations of Interest

The Chair, Cllr Ann McLachlan Labour asked for any declarations of interest. None of the six councillors (including the Chair, Cllr McLachlan Labour) made any declarations of interest.

2. Minutes of the meeting held on the 20th August 2012

The minutes of the Investigation & Disciplinary Committee on the 20th August 2012 had been published on Wirral Council’s website.

The Chair, Cllr Ann McLachlan asked if the minutes were agreed?

Cllr Lesley Rennie disputed the minutes and stated they were missing that she had said at the last meeting that she wanted it minuted that she wanted Richard Penn to be invited to the meeting.

"Richard

She pointed out that this was missing from the minutes.

The Chair, Cllr Ann McLachlan said it was fine as Mr. Penn was “in the building” [see above photo of Richard Penn waiting in lobby, Ground Floor, during agenda item 4 (not the room the meeting was being held in)]. She thanked Cllr Lesley Rennie for pointing this out. There were no more comments on the minutes of the meeting held on the 20th August 2012, so the Chair moved the meeting onto agenda item 3.

3. Exclusion of the Press and Public

The Chair expressed her opinion that the press and public should be excluded from the meeting for agenda item 4. She expected the two members of the public to leave, however a member of the public waited for the Committee to agree with this opinion. The reason she gave was that it related to “staff”.

The two members of the public left.

4.  Statutory Officers Preliminary Investigation – Preliminary Report/Report from the Independent Investigator

The Committee received the reports from Chris Hyams (Proper Officer), Tony Williams (Acting Employee Relations Manager) and Richard Penn (Independent Investigator).

Only Chris Hyams and Tony Williams were present at the start of this item.

The reports were about the suspensions of Bill Norman, Ian Coleman and David Taylor-Smith, following the decision made at the Investigation and Disciplinary Committee meeting of the 20th August 2012 (agenda item 4).

Decision:

David Green (Director of Technical Services): Unknown outcome
David Taylor-Smith (Deputy Director of Finance): Unknown outcome

Ian Coleman (Acting Chief Executive):
Outcome: request made to Employment and Appointments Committee (3/10/2012) for Early Voluntary Retirement (£82,528.50) effective from 5th October 2012.

Bill Norman (Director of Law, HR and Asset Management): “no case to answer”
Outcome:  “no case to answer” “no further advice appropriate”
Compromise Contract (£155,416) (agreed by Employment and Appointments Subcommittee (Compromise Contracts) of 20th September 2012. Made redundant as of 30th September 2012. 

Employment and Appointments Sub-Committee (Compromise Contracts) (Wirral Council) 20th September 2012

Employment and Appointments Sub Committee Compromise Contracts 20th September 2012
Employment and Appointments Sub-Committee (Compromise Contracts)
Date: 
20/9/2012
Time: 5.15pm

Committee Room 4

Employment and Appointments Subcommittee (Compromise Contracts)
Cllr Chris Meaden, Labour
Cllr Andrew Hodson, Conservative
Cllr Mark Johnston, Liberal Democrat

Officers
Andrew Mossop, Committee Services Officer
Surjit Tour, Acting Director of Law, HR and Asset Management
Chris Hyams Head of HR and Organisational Development
Tony Williams, Employee Relations

In attendance
Cllr Jeff Green, Conservative
Cllr Adrian Jones, Labour, Cabinet Member (Corporate Services)
Two members of public

1 Appointment of Chair
Cllr Andrew Hodson proposed Cllr Chris Meaden as Chair.
Cllr Mark Johnston seconded Cllr Chris Meaden as Chair.
There were no other nominations for Chair.
Cllr Chris Meaden was appointed as Chair.
Cllr Chris Meaden took the Chair.

2 Declarations of Interest
The Chair, Cllr Chris Meaden, asked if anybody had any declarations of interest to make. None were made by Cllrs Meaden, Hodson or Johnson.

3. Exclusion of press/public
The Chair asked if the Sub-Committee agreed to exclude members of the press and public for agenda item 4 by a resolution moved using s.100(4) of the Local Government Act 1972 c. 70 (information relating to any individual). The other members of the Subcommittee, Cllr Mark Johnston and Cllr Andrew Hodson agreed with her.

The two members of the public left the meeting.

4. Compromise Contract
A four page report of Chris Hyams, Head of HR and Organisational Development (in conjunction with Legal) was considered by the Sub-Committee of Cllrs Meaden, Johnston and Hodson regarding a recommendation about a proposed compromise contract of over £30,000 to terminate the employment of a Wirral Council employee’s contract (who wasn’t a member of school staff).