Agenda item

Dismissal and Redundancy Arrangements - Chief Officer and S151 Officer - Director of Finance and Resources

(Information exempt from publication by virtue of paragraph 1 of schedule 12A of the Local Government Act 1972, and the Data Protection Act 1998)

 

Report of the Chief Executive

Minutes:

(Information exempt from publication by virtue of paragraph 1 of schedule 12A of the Local Government Act 1972, and the Data Protection Act 1998)

 

The Council were informed that, in consultation with the Leader and Deputy Leader, the Chief Executive had made a decision to re-structure his Senior Leadership Team by reducing the number of Directors from five to four; deleting the existing posts of Director of Strategy, Governance and Change and Director of Finance and Resources and creating, within a new revised structure, a new post of Director of Corporate Services.  A Special Committee of the Council, on 7 November 2018, appointed John Tradewell to the new post of Director of Corporate Services.  The Chief Executive explained that, as a consequence of the above-mentioned proposals and, in accordance with the recommendation of a Special Committee of the Council at their meeting on 21 November 2018, it was now proposed that, in his capacity as Director of Finance and Resources, Andrew Burns be dismissed by reason of redundancy and his employment with Staffordshire County Council be terminated on 14 December 2018. In accordance with the Council’s Constitution any such recommendation must be approved at a meeting of the Full Council.

 

The Council were also informed that upon the termination of employment of Andrew Burns, Director of Finance and Resources with the Council, it would be necessary for the Council to appoint a replacement S151 Officer (Chief Financial Officer). Since one and the same person could not hold the roles of both S151 Officer and Monitoring Officer, it was recommended that Robert Salmon, Deputy Director of Finance be appointed as the Council’s S151 Officer with effect from 15 December 2018.  In addition, as a consequence of the deletion of the post of Director of Strategy, Governance and Change, it was proposed that the statutory role of Monitoring Officer to be transferred to the new post of Director of Corporate Services with effect from 15 December 2018.

 

RESOLVED - (a) That the decision taken on 21 November 2018 by a Special Committee Staffordshire County Council (“the Council”) that the Chief Officer, Andrew Burns, Director of Finance and Resources, be dismissed by reason of redundancy with effect from 14 December 2018 as a result of the Chief Executive’s proposal to re-structure the Senior Leadership Team by reducing the number of Directors from five to four by deleting the existing posts of Director of Strategy, Governance and Change and Director of Finance and Resources and creating, within a new revised structure, a new post of Director of Corporate Services, be approved.

 

(b) That the payments detailed below be made upon termination of Andrew Burns, Director of Finance and Resources, employment by reason of redundancy, in accordance with the provisions of section 38(4)(f) of the Localism Act 2011 and section 11.1 and section 11.2 of the Localism Act: Pay Policy Statement Year: 2018/19:

 

·        In accordance with Part 11 of the Employment Rights Act 1996 and Regulation 5 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006, Andrew Burns, Director of Finance and Resources, be paid to a total statutory and contractual discretionary amount of redundancy payment in the sum of £72,196.38 (gross). 

·        In accordance with Regulation 6 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006, Andrew Burns, Director of Finance and Resources be paid a discretionary compensation lump sum payment in the sum of £114,979.40 (gross). That is a total payment to Andrew Burns, Director of Finance and Resources in the sum of £187,175.78 (gross).

·        In accordance with Regulation 30 (7) of the Local Government Pension Scheme Regulations 2013, an Actuarial Strain, being a cost to and a payment made by the Council in its capacity as a contributing employer to the Staffordshire Pension Fund, be made by way of a one-off payment in the sum of £301,513.74 avoiding the payment of interest. Alternatively, an Actuarial Strain payment be made by way of five equal instalments (over a five-year period) of £69,956.78 (a total payment of £349,783.90), the first instalment being due to be paid during the financial year following the date of leaving; 2019-2020.

·        In accordance with the Council’s Leasing Car Scheme Terms and Conditions – August 2014 and the Council’s – Car Hire Scheme Conditions applicable to Senior Officers, there will be an estimated early termination cost and payment of a lease hire vehicle in the sum of approximately £1,800.00.  It is anticipated that the mileage on the lease hire vehicle will be under the anticipated and proposed mileage and a refund payment of approximately £50.00 will be due to Andrew Burns, Director of Finance and Resources from the Council upon return of the lease hire vehicle and the termination of any associated vehicle lease hire agreement.

 

(c) That Robert Salmon, Deputy Director of Finance, be appointed as the Council’s S151 officer with effect from 15 December 2018 and that the role of Monitoring Officer be transferred to the new post of Director of Corporate Services with effect from 15 December 2018.

 

(d) That the Director of Corporate Services be authorised to make any necessary changes to the Council’s Constitution arising from the implementation of recommendation “(c)” above.

 

Note by Clerk:  The following Members requested that their names be recorded as having abstained from voting in respect of the resolutions set out above: Charlotte Atkins, Ann Beech, Ron Clarke, Maureen Compton, Alan Dudson, Dave Jones, Kyle Robinson and Susan Woodward.

 

 

 

 

 

Chairman