Cllr Adrian Jones | A blog about Wirral Council, Wirral Council's councillors & officers

Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

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Above is video of the Pensions Committee meeting of 19th January 2015.

Pensions Committee Wirral Council Merseyside Pension Fund 19th January 2015 L to R Pat Phillips Cllr Geoffrey Watt Cllr Mike Hornby Cllr Chris Carubia Cllr Nick Crofts Cllr Harry Smith

I’ll start this piece by declaring an interest as my father is paid a pension by the Merseyside Pension Fund administered by Wirral Council.

Wirral Council’s Pensions Committee (which form part of the governance arrangements for the Merseyside Pension Fund worth billions of pounds) met yesterday evening. The agenda and reports for this meeting are on Wirral Council’s website.

The first main item on the agenda was the creation of a Pensions Board which I’ve previously written about when it was discussed at a previous meeting of the Pensions Committee last year.

The original recommendation in the report had been “That Members consider the proposals for the Wirral Pension Board set out in this report and the draft Terms of Reference and advise officers of any required amendments before submission for approval and implementation by Wirral Council.”

The Chair of the new Pensions Board will receive £2,751 a year (plus travel & subsistence expenses) and the employer/employee representatives will receive £1375.50 a year (plus travel & subsistence expenses). Just before the meeting started a much more detailed recommendation was handed out. This was agreed at the meeting and is now a recommendation to a future meeting of all Wirral Council councillors. One of the implications of the revised recommendation is that three councillors (who are not on the Pension Committee) will form a selection panel to choose who is on the new Pensions Board.

The complete revised recommendation is below:

“1. Pensions Committee agrees and recommends to Council:

a) the establishment of a Pension Board pursuant to regulations (The Local Government Pension Scheme (Amendment) Regulations 2014) in accordance with the Terms of Reference set out in appendix 1, subject to the membership being agreed by Council and the Terms of Reference being amended to confirm that the board shall be quorate providing a minimum of 4 members are present.

b) that the Pension Board shall have the authority to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

c) the establishment of a selection panel by the Council in accordance with appendix 3 to consider and assess applications received and undertake interviews. The selection panel is to make recommendations to Council with regard to appointments to the Board.

d) that the Head of Pension Fund be authorised to implement the administrative arrangements required to undertake a recruitment exercise necessary for the selection and appointment of members to the Board.

e) that the definition of independent member for the purposes of the Board shall be agreed as:

not a current elected member or employee of a participating scheme employer
has not been an elected member or employee of a participating scheme employer in the past 5 years

f) that in respect of the two active member representatives, the initial appointment to the Board for one of the representatives shall be for a term of 6 years and the other for 4 years; that in respect of the two representatives of local authorities, police/fire/transport authorities and parish councils, the initial appointment to the Board for one of the representatives shall be for a term of 6 years and the other for 4 years.

g) that the Pensions Committee (and the Heads of the Pension Fund and of Legal and Member Services after consultation with the Chair of the Pensions Committee prior to the meeting of the Council in March 2015) may recommend to Council changes to the Board and its Terms of Reference having regard to the final form of regulations and statutory guidance.

2. that the Selection Panel’s Terms of Reference as set out in Appendix 3 shall be that:

it shall comprise 3 elected members
it shall not consist of current Pensions Committee members
There shall be two advisors to the selection panel: the Head of Pension Fund and a representative from the Fund’s external auditors.

3. That the following amendments be made to the Board’s terms of reference set out in appendix 1.

a) Section 3 “Members of the Board shall cease to be a member of the Board if they do not attend two consecutive meetings and fail to tender apologies which are accepted by the Board” be substituted for “Other than by ceasing to be eligible as set out above, a Board member may only be removed from office during a term of appointment by the majority agreement of all of the other members. The removal of the independent member requires the consent of the Scheme Manager”.

b) Section 3 the following shall be added: “In the event of the independent member not being available for a Board meeting, a Vice Chair for that meeting shall be determined by the Board members”.

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7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

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Employment and Appointments Panel (Head of Specialist Services) Wirral Council 10th December 2014 Chris Hyams explains the purpose of the meeting

What I’m writing today is an insight into how Wirral Council rushes decisions, it doesn’t seem to follow proper decision-making processes, gets itself in a pickle and how it can bungle even something simple like deciding on a long list based on applications for a senior post at Wirral Council.

First you need to know a bit of background to this story. The current postholder with the title of Head of Specialist Services Emma Taylor (which is in the Families and Wellbeing Directorate) gave Wirral Council her three months notice two and half months ago and leaves at the end of this year. Due to her being one of the senior managers at Wirral Council it is politicians (not officers) that choose her replacement.

On 27th October 2014 the Employment and Appointments Committee (made up of Wirral Council councillors) met, decided on a panel to decide of 4 Labour councillors, 2 Conservative councillors and 1 Lib Dem councillor, the job description/person specification, terms of reference of the panel, to appoint Penna PLC as recruitment consultants (who get paid £15,000 for this recruitment) and also on the process and timescales.

The job was then advertised, applications were sought (which went to Penna PLC) and the closing date for applications was 5th December 2014. Below is a screenshot of the page on Penna’s website for it (currently here but as applications have closed this link may not work for long):

screenshot Lead Wirral website taken on 11th December 2014 Wirral Council Head of Specialist Services timetable

As you can see the closing date for applications for this post (which went to David Slatter of Penna PLC shown in the above video) is 5th December 2014.

On the 2nd December 2014 (before applications for the post had even closed), the agenda for the Employment and Appointments Panel (Head of Specialist Services) was published.

Items 3/4 on the original agenda stated:

“3. Exempt Information – Exclusion of Members of the Public

The public may be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information.

RECOMMENDATION – That in accordance with section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business, on the grounds that they involve the likely disclosure of exempt information as defined by the relevant paragraphs of Part 1 of Schedule 12A (as amended) to that Act. The public interest test has been applied and favours exclusion.

4. Appointment of Head of Specialist Services, Families and Wellbeing Department

To consider the applications for this post. ”

Interestingly between the agenda for this meeting being published and the version of the agenda we got handed out just before the public meeting started (late), agenda item 4 had been changed to add (Applications enclosed) (see below).

Employment and Appointments Panel (Head of Specialist Services) 10th December 2014 agenda

Now this is the weird aspect of this, the agenda published on 2nd December stated the public interest test had been applied (by a Wirral Council officer) stating no reason why the public were to be excluded, based on applications that were yet to be supplied by Penna until after the closing date of the 5th December.

Applications were circulated to those on the panel, I saw this with my own eyes being done in person on the evening before shortly before the Cabinet meeting on the 9th December 2014.

However a different bit of the Local Government Act 1972, s.100B (4) and (5) required the applications for item 4 to be circulated five clear days before the meeting (which obviously didn’t happen).

The law is quite clear that even for items where they are planning to exclude the press and public that this has to happen otherwise the item can’t be taken unless “by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.” and I didn’t see that happen during the first three items.

The meeting itself started five minutes late as Cllr Tony Smith was late and was over by about half an hour later.

The other point I would like to raise is this? If the public and press were excluded, why was David Slatter of Penna PLC (who is neither a Wirral Council employee nor councillor) allowed to stay in the room? Shouldn’t he have left and why didn’t the Chair ask him to when we left?

However it often happens at Wirral Council meetings that the Chair assumes anyone sitting round the table the committee is sitting on is an employee or councillor. For example recently the Pensions Committee excluded the press and public from part of a meeting. We left, but their auditor from Grant Thornton stayed despite falling into the category of press/public just because they were sitting around the table, therefore it was assumed they could be there.

I’ve seen the same happen at many other Wirral Council public meetings too that go into private session. There are members of the public present but they stay and the meeting carries on despite them being excluded from the meeting. Maybe chairs don’t understand what exclusion of the public means?

Politicians (especially those chairing meetings) can’t have it both ways. If the committee agrees to exclude the public then public and press (not councillors and officers) have to all leave. Otherwise it makes a complete mockery of the law and brings Wirral Council’s decision-making into further disrepute!

Do chairs of public meetings at Wirral Council actually understand what they’re deciding? Are the legal advisers advising the committees aware of the laws about public meetings or do they (mainly) just only offer an opinion if asked for the sake of their careers and not “rocking the boat” with politicians who could get them suspended?

Or is the real answer that Wirral Council has outsourced even part of its HR function to the private sector so much that it couldn’t actually function without having the private sector present during private parts of public meetings when the private sector seemingly have no actual legal right to be there? Am I wrong to expect fairness in Wirral Council’s decision-making?

I’d be interested to hear your thoughts on this and will be interested to read the minutes of yesterday’s meeting when they are published too.

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Marvin the Martian returns to discuss 2 local political issues: the Greasby Fire Station saga and the King Street buildings collapse

Marvin the Martian from Disney's Looney Tunes — Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about two issues Greasby Fire Station and the King Street building collapse. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 have come into force earlier this year, we’ll rely on this too and the new section 30A on parody.

JOHN BRACE: Thanks once again for agreeing to be interviewed about Greasby & the proposed fire station as well as the King Street building collapse. We couldn’t get straight answers on these issues out of anyone else.

MARVIN THE MARTIAN: You’re welcome. I live on Mars, but having read your press reports on this I’m confused. Perhaps you could help just briefly explain to your readers what’s happened so far in Greasby?

JOHN BRACE: Well Merseyside Fire and Rescue Authority decided to consult on closing two fire stations at West Kirby and Upton and building a new one, their preferred site was Greasby.

MARVIN THE MARTIAN: OK, I’ve got that bit. So who owned the Greasby site?

JOHN BRACE: Wirral Council own it.

MARVIN THE MARTIAN: So it’s just a cleared site, with nothing on it and has been declared surplus to requirements?

JOHN BRACE: No, it’s got a library and community centre on it already as well as some green space.

MARVIN THE MARTIAN: And there are four Wirral Council councillors on the Merseyside Fire and Rescue Authority?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: And the Merseyside Fire and Rescue Service stated Wirral Council offered them a lease of the site (subject to planning permission/outcome of their consultation)?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: But Wirral Council stated that they didn’t offer the Merseyside Fire and Rescue Service (or Merseyside Fire and Rescue Authority) the site to build a fire station on (subject to planning permission and the outcome of the consultation)?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Ahh so Greasby fire station is like Schrödinger’s cat, it was both offered and not offered to the Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority at the same time?

JOHN BRACE: According to MFRS/MFRA & Wirral Council yes.

MARVIN THE MARTIAN: So did someone actually open the box and see if the “cat” was dead or alive?

JOHN BRACE: Some councillors tried to at last night’s Council meeting. The box was opened and it was (from last night’s meeting) a policy decision was formally made not to offer the Greasby site to Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority.

MARVIN THE MARTIAN: So before that was the Greasby fire station dead or alive?

JOHN BRACE: Like the mysteries of quantum physics the answer to that depends on who you ask and when.

MARVIN THE MARTIAN: Ahhh, it makes no sense at all!

JOHN BRACE: This is Wirral Council. It’s not meant to make sense.

MARVIN THE MARTIAN: So let’s move on to something the Merseyside Fire and Rescue Service were involved in, the aftermath of the buildings collapsing in King Street one evening. Who were then owned by?

JOHN BRACE: Wirral Council.

MARVIN THE MARTIAN: OK, so why did they fall down?

JOHN BRACE: The “official” version is after they checked the rubble, is that there had been a bodged repair before Wirral Council bought them.

MARVIN THE MARTIAN: So did Wirral Council have a survey done before they bought these properties?

JOHN BRACE: Who knows?

MARVIN THE MARTIAN: So did Wirral Council have a survey done after they bought them?

JOHN BRACE: Well once they collapsed and the rubble was surveyed yes.

MARVIN THE MARTIAN: No, I mean after they bought them but before they collapsed!?

JOHN BRACE: Oh again, who knows? Although the collapse is being spun as a positive.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Well as the buildings were in such a bad state of repair, they’d probably have had to be pulled down or expensively repaired. As they collapsed on their own it saves Wirral Council on some of the costs of demolition or repairs!

MARVIN THE MARTIAN: Your Wirral Council politicians are just as keen to put a positive gloss on disasters as our Martian ones are!!!

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Labour and Conservative councillors both say no to Greasby Fire Station plans

In an update to a previous story about the changes to filming public meetings of the Merseyside Fire and Rescue Authority, I have received a formal response from Mersey Fire and Rescue Authority about my petition on the subject.

The letter is included below. The gist of it is I can present my petition at the public meeting on the 16th December 2014. I’ve decided to present it myself and not through one of the councillors, considering that at least one of the Wirral Council councillors on the Merseyside Fire and Rescue Authority is well-known for his anti-public meeting filming views.

letter from Merseyside Fire and Rescue Authority about filming petition received 6th December 2014

I also get up to five minutes to state how many people signed the paper and e-petition, what the petition is about and “further supporting remarks”. I’ve decided to not opt for the “deputation” option which would have allowed councillors (including Cllr Steve Niblock if he is present) to ask questions of me.

Whereas I could probably talk on the subject of filming public meetings for more than five minutes, this is certainly a positive step on the road to getting things changed and having a say at a public meeting on the issue thanks to the many who have signed the paper and e-petition so far and the many more who watch the videos I’ve recorded since September of the Merseyside Fire and Rescue Authority meetings.

Moving to more local matters, tonight’s Council meeting has unusually two notices of motion on fire related matters.

The Labour motion “Government’s Fire and Rescue Service Cuts” is down to be debated tonight, I’m not sure what’s happening to the Conservative motion “No Fire Station in the Centre of Greasby” as nothing is now next to it on the agenda published on Wirral Council’s website. This is what each notice of motion states:

2. NO FIRE STATION IN THE CENTRE OF GREASBY
Proposed by Councillor Tom Anderson
Seconded by Councillor Wendy Clements

Council acknowledges the overwhelming public opposition to a fire station on the site of Greasby Library.

Council notes that this concern relates to the specific site, not to the policy of merging of fire stations.

Council impresses upon Cabinet:
(1) not to gift, sell, lease the land concerned at the centre of Greasby, because of the value it has for the community; and
(2) to ask officers to work co-operatively with Merseyside Fire and Rescue Service in identifying and facilitating a more suitable site for operational purposes and to maintain the amenity of the local people.

=======================================================================================================
3. GOVERNMENT’S FIRE AND RESCUE SERVICE CUTS

Proposed by Councillor Phil Davies
Seconded by Councillor Adrian Jones

Council welcomes the announcement by the Leader of the Council to withdraw the Council-owned land in the centre of Greasby from consideration for a new fire station.

Given the Merseyside Fire and Rescue Authority’s obligation to maximise the protection of lives, and of property, it is inevitable that the location of Fire Stations may, from time to time, conflict with local preferences particularly where such structures may detract from the established scenic value of the MFRA’s preferred locations.

The Government’s devastating and unfair cuts to MFRA’s budget have resulted in the unavoidable need to cut the number of Fire Stations in Wirral. The Fire and Rescue Authority’s preferred location of a single Fire Station on a site in the centre of Greasby was based on its assessment of life saving response times. However, this would result in the loss of a much loved local green space.

The Council is asked to continue to work with the Merseyside Fire and Rescue Authority to identify an alternative site in the greater Greasby area.

=======================================================================================================

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Cllr Jeff Green asks if Wirral Council are looking to spend £1,000,000 on their new Chief Executive (over 5 years)?

Employment and Appointments Panel (Chief Executive) Committee Room 3, Wallasey Town Hall, 24th November 2014 L to R Martin Denny (LGA), David Slatter (Penna PLC), Cllr Jeff Green, Cllr Lesley Rennie and Cllr Phil Gilchrist

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Video above is from the Employment and Appointments Panel (Chief Executive) public meeting held on the 24th November 2014 in Committee Room 3, Wallasey Town Hall, Seacombe

Wirral Council’s Employment and Appointments Panel (Chief Executive) met in Committee Room 3, Wallasey Town Hall, Seacombe on Monday afternoon at around 2.30pm. The councillors on the Employment and Appointments Panel (Chief Executive) which had previously been decided by the Employment and Appointments Committee on the 27th October 2014 are:

Cllr Phil Davies (Labour)
Cllr Ann McLachlan (Labour)
Cllr George Davies (Labour)
Cllr Adrian Jones (Labour)
Cllr Jeff Green (Conservative)
Cllr Lesley Rennie (Conservative)
Cllr Phil Gilchrist (Lib Dem)

1. Appointment of Chair

The meeting started with a Wirral Council officer from the Legal and Member Services section asking for nominations for Chair.

Cllr Adrian Jones (Labour) proposed Cllr Phil Davies (Labour) as Chair of the Employment and Appointments Panel (Chief Executive) meeting.
Cllr Ann McLachlan (Labour) seconded Cllr Phil Davies (Labour) as Chair of the Employment and Appointments Panel (Chief Executive) meeting.

The officer asked if there were any other nominations for Chair?

There were no other nominations for Chair so Cllr Phil Davies was appointed Chair for the meeting.

Cllr Phil Davies got up and moved to a different seat.

2. Members’ Code of Conduct – Declarations of Interest

The Chair asked if there were any declarations of interest? No councillors declared any interests.

3. Appointment of Chief Executive, Head of Paid Service (including Returning Officer and Electoral Registration Officer)

There was a report and thirteen appendices for this item.

Cllr Phil Davies asked Chris Hyams (Head of Human Resources and Organisational
Development) to take the Employment and Appointments Panel (Chief Executive) through the report and asked her to highlight the areas where they [the councillors] needed to make a decision.

She referred to the Employment and Appointments Committee meeting of the 27th October 2014 and said that the Employment and Appointments Panel was set up to appoint a Chief Executive. Chris Hyams said that the report recommends a review of the salary of the Chief Executive, the role of Returning Officer and Electoral Registration Officer, the requirements of the job and a proposed timetable for moving forward. The report also detailed interim management arrangements between the retirement of the current Chief Executive and the appointment of his replacement.

The Chair, Cllr Phil Davies referred to the recommendations on page 6 and he suggested taking each recommendation in turn and that he was happy to take questions and comments as they go on. That was agreed.

He introduced their two external advisers to the Employment and Appointments Panel (Chief Executive) who were Martin Denny from the Local Government Association and David Slatter of Penna PLC (who are paid £15,000 by Wirral Council to help with recruiting a Chief Executive).

The Chair said that the first item to discuss is salary for the new Chief Executive. The current salary range of the Chief Executive was £121,807 to £135,341. The comparative data for Chief Executive salaries and workforce size (FTE) for North West authorities was attached at Appendix 5 (2013 figures). The comparative salaries for officers that report to Chief Executives was attached at appendix 7. A comparison of the multiple between the average FTE earnings and the Chief Executive was attached at appendix 8.

The Chair started by asking the external advisers for their advice.

David Slatter of Penna PLC went first. He said that the current salary for the Chief Executive was in the lower quartile. The £155,000 to £175,000 range in his opinion would give the flexibility to make sure they got the quality of candidates and that whoever was appointed would stay.

The Chair said that that would be David’s recommendation. He asked Martin Denny from the Local Government Association next.

Martin Denny from the Local Government Association that their data was very similar [to Penna’s] and that it was important that they had a “range of characters to choose from and that they are retained as well”. He said that they needed the ability to recruit the best possible candidate and that’s what they needed to search for.

The Chair Cllr Phil Davies had said that that was the advice.

Cllr Jeff Green asked what the salary of the Prime Minister is?

As a point of information at this point, I will point out that the salary of the Prime Minister is £142,500 (April 2013 figures) [source: Parliament’s website].

Cllr Phil Davies replied with “I don’t know.”

Cllr Jeff Green said that his understanding was that it was around £140,000. He asked if they were suggesting if they get a new Chief Executive that they pay them more than the Prime Minister?

Cllr Phil Davies (Chair) said that that was what their external advisers were suggesting, yes.

Cllr Adrian Jones made some comments.

Cllr Phil Gilchrist asked about appendix 3. He referred to page 13 and asked are the proportions fixed automatically and would there be automatic increases in the Strategic Director’s salaries if the salary of the Chief Executive was increased?

Cllr Phil Davies (Chair) invited Chris Hyams to answer that question.

Chris Hyams explained that the percentages for strategic director’s salaries were shown as percentages of the current grade for the Chief Executive. She said the percentage was the current situation, however it could be altered and that the Employment and Appointment Panel (Chief Executive) had the authority to make a recommendation to Council to do so.

Cllr Phil Gilchrist to the Council’s policy to pay staff the living wage [at the time of writing £7.85/hour]. He asked for the pay differential between the lowest and highest paid member of staff?

Chris Hyams referred to an entry level of spinal column point 10, local government pay scales starting at point 5, the national pay award, but that at Wirral Council its lowest paid workers were paid more than the lowest paid workers at other councils as they pay the Living Wage.

Cllr Phil Gilchrist made a follow up comment, Chris Hyams replied referring to the ratio between the earnings of the Chief Executive and the lowest paid worker which the Council published as part of its pay policy [which was a requirement of the Localism Act 2011 c.20].

Cllr Jeff Green asked if the salary quoted included pension contributions?

Chris Hyams replied that each salary had on costs of just over 22% of each salary. The salary details shown were exclusive of on costs.

Cllr Jeff Green said that the suggested amount was £155,000 to £175,000. Taking a middle figure of £160,000 how much on top of that would Wirral Council be paying £190,000 to £200,000 once pension contributions were taken into account as Wirral Council didn’t pay the current Chief Executive’s pension?

Chris Hyams said that it was unusual not to pay an employee’s on costs. She emphasised that the data did not include on costs.

Cllr Jeff Green said that if they went with the recommended figures that it would be £200,000, which over five years would be a million pounds. He said they were looking at spending a million pounds for one person?

Continues at Labour councillors argue for increase in range of Wirral Council’s Chief Executives’ salary to between £155,000 and £175,000.

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Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

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7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

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Marvin the Martian returns to discuss 2 local political issues: the Greasby Fire Station saga and the King Street buildings collapse

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Labour and Conservative councillors both say no to Greasby Fire Station plans

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Cllr Jeff Green asks if Wirral Council are looking to spend £1,000,000 on their new Chief Executive (over 5 years)?

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