Staffing Matters and Urgency Committee	15 August 2022
Report of the Chief Operating Officer

Appointment of Assistant Director of Adult Services  

Summary

1. This report requests the approval to permanently recruit to the post of Assistant Director of Adult Services ahead of the current post holder vacating the role in October 2022 for a promotion to another Council.

2. Formal approval is also sought to establish an Appointments Sub Committee for this Chief Officer appointment and to delegate sufficient powers to that Sub-Committee to enable them to conduct the recruitment process, select and appoint a candidate, subject to the requirements of the Council’s Constitution (Appendix 12 details the Officer Employment Procedure Rules – paragraph 5).

3. It should be noted that subject to the appointment of the new postholder and the length of notice the officer is required to fulfil, the Chief Operating Officer will make a decision to appoint an interim Assistant Director.

Background

4. It is proposed that the recruitment process replaces this post on a like for like basis in terms of grade, portfolio scope, role and responsibilities as per the current structure.

Remuneration Package

5. The post is covered by Chief Officer Terms and Conditions. 

6. The Committee is asked to confirm the pay package for this post which will be offered to the successful applicant.  The salary is currently set at £74,591 to £82,869 however, it is pending a 2022 pay award which is negotiated by collective bargaining processes by the National Employers and National Trade Unions. 

7. If appropriate, the successful applicant would be able to access the Council’s relocation scheme, which provides relocation financial support up to the £7,719.  The Council’s scheme is in line with HRMC rules.  There are no further enhancements recommended for this role.

Appointments Panel

8. The Council’s Constitution allows for an Appointments Sub Committee for Chief Officer posts of no less than three elected members, including at least one member of the Executive (Council Constitution Article 11 paragraph 3.5).

9. Members are requested to consider and confirm panel nomination names and a Chair of the recruitment to progress.  It is anticipated that the members appointment panel will take place late September.

Council Plan

10. Making an appointment to this post will contribute to delivering the

Council Plan and its priorities.

Implications

Financial Implications

11. The Assistant Director post is within the pay range of £74,591 to £82,869 pending a 2022 pay award.  The total cost, including on costs, is £95,476.48 to £106,072.32 (subject to pay award).  The recruitment costs will be approximately £5500 to £7000 which includes the cost of advertising on professional social care / recruitment social media platforms.  The cost of this post, and the associated recruitment costs, will be managed within existing departmental budgets. 

Human Resources Implications   

12. The job description has been confirmed via job evaluation to remain within the Assistant Director profiles.  The Appointments Committee is in line with the constitutional requirements for the recruitment and appointment of Chief Officers. The appointment will be carried out in accordance with the Chief Officer recruitment protocol as outlined in the Council’s Constitution.

Equalities Implications

13. There are no known Equalities issues.

Legal Implications

14. All Chief Officer posts are politically restricted pursuant to the Local Government and Housing Act 1989.

It is the statutory responsibility of the Head of Paid Service to ensure that a structure is in place which can effectively and efficiently discharge the council’s differing functions and to determine the organisation of the authority’s staff alongside their proper appointment and management.

The process of appointing Chief Officers is regulated by the Local Authority (Standing Orders) (England) Regulations 2001. Amongst other things, these regulations require that an appointment committee must include at least one member of the Executive and further, that no formal offer of appointment may be made until all members of the Executive have been informed of the details of the intended appointee, and have raised no objection within the specified period, (usually 5 clear days).

In respect of appointment to Chief Officer posts, the Council is required to comply with the Officer employment procedures as outlined in the council’s Constitution. 

Crime and Disorder, Information Technology and Property 

15. There are no known crime and disorder, information and technology and property risks.

Risk Management

16. There are no known risks associated with the recommendations in the report other than the potential risk to delivery of services if the committee either fails to or delays setting up an Appointments Sub Committee for the recruitment of this post.

Recommendations

17. Staffing Matters and Urgency Committee are invited to:

a.  Approve the filling of this post and remuneration package for the Assistant Director post with a salary range of £74,591 to £82,869, in accordance with the procedural rules set out in the constitution for the appointment of chief officers (paragraphs 1 to 2 and 6).

b. Establish an Appointments Sub-Committee consisting of three members to include at least one member of the Executive (paragraphs 2, 8 and 9).

c. Note that pending the formal acceptance and start date of the successful applicant, interim arrangements will be made to ensure that this role is fulfilled (paragraph 3)

Reasons: To allow the timely appointment of the post of Assistant Director of Adult Services and ensure that the service is able to meet its service obligations and support the workforce to deliver key priorities, including those identified in the Council Plan.

Contact Details

Author: Helen Whiting Head of HR & OD Human Resources	Chief Officer Responsible for the report: Ian Floyd Chief Operating Officer
Report Approved	Y	Date	28^th July 2022
Specialist Implications Officer(s): Janie Berry - Director of Governance and Monitoring Officer Debbie Mitchell – Chief Finance Officer and s151 Officer
Wards Affected:  List wards or tick box to indicate all					All	X
For further information please contact the author of the report

Background Papers:

There are no background papers however reference to the Council Constitution is available here https://data.yorkopendata.org/dataset/cyc-s-constitution-live-link