Agenda and minutes

At this point Members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.  The following interests were declared:

Cllr Fraser – a personal interest in agenda item 6 (Equal Pay Update – Executive Recommendation), as a member of the retired section of Unison and the retired section of the Acts section of the TGWU section of Unite.

Cllr Gunnell – a personal interest in agenda item 6, as the sister of a member of Unison.

Cllr King – a personal interest in agenda item 6, as the father of an employee of the authority.

Cllr Pierce - a personal interest in agenda item 6, as a member of the retired section of Unison.

Cllr Scott – a personal interest in agenda item 6, as an employment solicitor.

Cllr Simpson-Laing – a personal interest in agenda item 6, as a member of Unison.

To consider excluding the press and public from the meeting during consideration of the report at agenda item 6 (Equal Pay Update – Executive Recommendation), on the grounds that it contains information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, which is classed as exempt under paragraph 5 of Schedule 12A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

RESOLVED: That the press and public be excluded from the meeting during consideration of the report and exempt minute at agenda item 6 (Equal Pay Update – Executive Recommendation), on the grounds that they contain information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.  Such information is classed as exempt under paragraph 5 of Schedule 12A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

It is at this point in the meeting that members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the remit of Council may do so.  Anyone who wishes to register, or requires further information, is requested to contact the Democracy Officer for this meeting.  Contact details are listed at the foot of this agenda.  The deadline for registering is 5:00pm on Tuesday 21 July 2009.

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme.

To consider a report which asks Council formally to ratify the appointment of a new Chief Executive, following the conclusion of the appointment process on 14 July 2009.

Note: the above report was published with this agenda on 16 July 2009.

Cllr Waller moved, and Cllr Scott seconded, the recommendation contained in a report of the Head of Human Resources and Organisational Development at pages 1-3 of the late Council papers circulated on 17 July 2009, concerning the appointment of a new Chief Executive.

On being put to the vote, the motion was declared CARRIED and it was

RESOLVED: That the recommendation be approved and that the offer of the post of Chief Executive to Kersten England, on the terms set out in Annex 1 to the report, be ratified.

REASON:      To enable the Council to operate effectively and to avoid any further delay.

To consider a report which seeks Council approval for the appointment of an Acting Chief Executive, Head of Paid Service and Proper Officer for elections, pending the arrival of a permanent new post-holder.

Cllr Waller moved, and Cllr Gillies seconded, the recommendations contained in paragraph 9 of a report of the Head of Human Resources and Organisational Development, at pages 1-3 of the Council papers, concerning interim arrangements pending the arrival of the new Chief Executive:

On being put to the vote, the motion was declared CARRIED and it was

RESOLVED: That the recommendations be approved and that:

(i)                 The Director of City Strategy be appointed as Acting Chief Executive and Head of Paid Service from 17 August 2009 until such time as a permanent postholder takes up post.

(ii)               The Acting Chief Executive and Head of Paid Service be so appointed on a salary of £130,000 per year.

(iii)             The Acting Chief Executive be appointed as Electoral Registration Officer and Returning Officer for the City of York.

(iv)              The Director of City Strategy, in consultation with the Executive Member for City Strategy, be authorised to put in place any necessary back-filling arrangements within the Directorate, subject to HR policy, appropriate Member approval and the management of any costs within existing budgets.

REASON:      To enable the duties of the Chief Executive to be performed pending the arrival of the new post-holder and to provide continuity of leadership during that interim period.

To consider the recommendation made by the Executive at their meeting on 23 June 2009 in respect of a report on the Equal Pay Update.  This recommendation was originally brought to the meeting of Full Council held on 9 July and was referred back to the next meeting of the Executive (on 21 July) with a request that they provide a report to Council explaining the basis of their recommendation.

[A printed copy of the original (exempt) report to the Executive meeting on 23 June has been circulated to Council Members with the agenda, together with the Executive’s (exempt) recommendation from that meeting.  The recommendation from the Executive meeting on 21 July is to follow.]

The press and public were excluded from the meeting at this point, in accordance with the resolution recorded under Minute 29 above.

The Executive Leader, Cllr Waller, then moved, and Cllr Runciman seconded, the following recommendation contained in Minute 56 of the Executive meeting held on 21 July 2009, concerning the reference back of a previous Executive recommendation in respect of the Equal Pay Update:

“That Council consider and approve the recommendation made by the Executive at their meeting on 23 June 2009, in the light of the further information received.”

Cllr Scott then moved, and Cllr Potter seconded, an amendment to the above motion, as follows:

“Delete all after ’23 June 2009’ and insert:

‘subject to that recommendation being amended to read as follows:

That Council receive funds from general reserves of up to £150k…” *

On being put to the vote, the amendment was declared CARRIED.

The motion, as amended, was then put to the vote and declared CARRIED and it was

RESOLVED: That the motion, as amended, be approved and that funds of up to £150k be released from general reserves to cover the costs of the action agreed in respect of the Equal Pay Update.

*Note: the full text of the amendment is contained in the exempt minute of this item.