CORNWALL COUNTY COUNCIL

KEY TO THE FOLLOWING MINUTES.

Liberal Democrats

Independents

Conservatives

Labour

CORNWALL COUNTY COUNCIL

MINUTES of a Meeting of the Cornwall County Council held at County Hall, Truro on 29 July 2003 commencing at 10.30 a.m.

EXCLUSION OF PRESS AND PUBLIC

(Agenda No. 11)

C/689 It was moved by P C Tregunna and seconded by Mrs P A Rowe, that in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items of business on the grounds that they would be likely to involve the disclosure of exempt information of the following descriptions:-

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder, under the authority.

Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

Following concerns expressed by Members that the items should be taken in public discussion the County Solicitor advised that in accordance with the Access to Information Act the matter should be discussed in confidential session because, although officers were not named, they could be identified by the details of their posts. Following debate on the need to have the discussions in private, and in accordance with Council Procedure Rule 15.5, more than a quarter of the Members present at the meeting requested that a recorded vote be taken on the Motion.

On a vote being taken, the Motion to exclude the press and public was lost (15 votes for, 48 votes against and 1 abstention).

Those voting for the Motion:-

B M M Biscoe, Mrs P M Englefield, R E Hichens, B J Higman, B L Hunkin, W J Lobb,

A P Mitchell, B Morris, G M Nicholls, A R Paynter, J M Philp, K Scoble, G E T Tonkin, D Whalley and K C Yeo.

Results : 11 Lib Dems, 3 Independents and 1 conservative.

Those voting against the Motion:-

Mrs D M Ansari, Mrs S V Bain, R J Bonney, C W Brewer, L D Brokenshire, G B Brown,

Mrs A J Carlyon, R J Cooper, M J Crago, J H Currie, R G Edwards, R E Ellison, Ms O P England, Ms R M Ewer, Mrs J Ferrett, M R Gillbard, P A Glanville, C Godolphin, R Godolphin, N H Hatton,Mrs E Heard, H K Heywood, G P Hicks, M A Jeffery, Mrs T Lello,

Mrs P A Lyne, P T Martin, M K McTaggart, Mrs J M Mepsted, D G Miller, M J Moyle,

Mrs S Murray, T R J Nettle, Mrs S M J Oliver, M J Payne, J N Plummer, B D Preston, A H Quinnell, B J Rawlins, Mrs H V Richards, D L C Roberts, Mrs P A Rowe, T A Rowe, T G Smale, R G S Stewart, A J Toms, Miss S C Townrow and C Waterhouse.

Results: 17 Independents, 14 Lib Dems, 9 Labour and 8 conservatives.

The following Member abstained from voting:-

P C Tregunna.

The County Council meeting then continued in public session.

Review of the Council’s Pay and Grading Structure

(Agenda No. 12.1)

C/690 W J Lobb moved, B M M Biscoe seconded the recommendations as set out in report No. 12.1 and 12.2. Mr Lobb explained that although he had moved both sets of recommendations and that the debate would be centred on the proposals together, that when the Council came to vote the agenda items would be voted upon separately.

In relation to agenda No. 12.1, W J Lobb moved, and B M M Biscoe seconded

1. That the Council notes the outcome of the Hay review for senior staff set out in PART B of the report and agrees to adopt Hay bands 1-4 as detailed in Appendix 2 in substitution for the current pay bands POE, POF and Chief Officer bands D/E and C and apply the Hay method of job evaluation to posts at this level in the organisation.

2. That the posts detailed in Appendix 3 be paid on the level of the Hay gradings set out in that Appendix with effect from the implementation date of the pay and grading review of single status staff.

3. That the terms and conditions of service of Hay bands 2, 3 and 4 be “Green Book” conditions of service and for Hay band 1 “Chief Officer” conditions of service.

4. That the County Solicitor consult individual post holders regarding the outcome of the review and, subject to each individual’s agreement, issues revised terms and conditions of service (subject to any necessary protection in relation to holiday entitlement).

5. That the County Solicitor explore further a performance management system linked to incremental progression and bring a report to the Executive for consideration in due course.

John Gay of the Hay Group made a presentation to Members on the reasons for the review; the process followed and the key recommendations. The review of the pay and grading structure was of major importance to the Council. The outcome of the review must ensure that the Council had a modern pay structure and that pay of all employees was determined in a fair and transparent way. A new pay structure must also ensure that the Council was able to recruit and retain high quality staff at all levels of the organisation. The review also provided a significant opportunity to assess how pay might be used to encourage the development of skills and competences in the workforce and promote high levels of performance.

During debate and questioning the following key issues were discussed:-

general issue of shortage of high calibre staff;

the levels of pay increases made over the last few years and national trends;

impact on pensions;

impact on the Council taxpayer;

effect on Cornwall’s economy;

the Council’s commitment to review pay and grading which was ongoing for all staff below POF and the need for a coherent grading structure;

comparative pay levels in public and private sector; and the County Council being an excellent authority under the Comprehensive Performance Assessment and the associated ramifications. Following discussion R E Ellison moved an amendment, seconded by J H Currie that the status quo be maintained on the pay reviews.

During discussion R G S Stewart suggested an addendum to the amendment that wider salary band ranges be introduced. R E Ellison did not accept the addendum. Additional information was tabled from the Fund Actuary relating to the cost to the Pension Fund. It was noted that there should be an amendment to paragraph 4 of the tabled information where £32 million attributed to Cornwall County Council should read £3.2 million.

In accordance with Council Procedure Rule 15.5 more than a quarter of the Members present at the meeting requested that a recorded vote be taken on the amendment.

On a vote being taken, the amendment that the status quo be maintained on the pay reviews was lost (30 votes for, 31 votes against and 1 abstention).

Those voting for the amendment:-

Mrs S V Bain, C W Brewer, Mrs A J Carlyon, M J Crago, J H Currie, R E Ellison,

Ms R M Ewer, P A Glanville, C Godolphin, R Godolphin, N H Hatton, H K Heywood,

G P Hicks, M A Jeffery, Mrs P A Lyne, P T Martin, D G Miller, M J Moyle, Mrs S Murray,

T R J Nettle, Mrs S M J Oliver, M J Payne, J N Plummer, A H Quinnell, D L C Roberts,

Mrs P A Rowe, T G Smale, R G S Stewart, A J Toms and C Waterhouse.

Results: 14 Independents, 8 Labour and 8 Conservatives

Those voting against the amendment:-

Mrs D M Ansari, B M M Biscoe, R J Bonney, L D Brokenshire, G B Brown, R J Cooper,

R G Edwards, Mrs P M Englefield, M R Gillbard, R E Hichens, B J Higman, G J R Hocking,

B L Hunkin, Mrs T Lello, W J Lobb, M K McTaggart, Mrs J M Mepsted, A P Mitchell,

B Morris, G M Nicholls, A R Paynter, J M Philp, B D Preston, B J Rawlins, Mrs H V Richards, T A Rowe, K Scoble, G E T Tonkin, Miss S C Townrow, D Whalley and K C Yeo

Results: 24 Lib Dems, 6 Independents and 1 Conservative.

The following Member abstained from voting:-

P C Tregunna.

In accordance with Council Procedure Rule 15.5 more than a quarter of the Members present at the meeting requested that a recorded vote be taken on the Motion.

On a vote being taken, the Motion moved by W J Lobb, seconded by B M M Biscoe

3. That the terms and conditions of service of Hay bands 2, 3 and 4 be “Green Book” conditions of service and for Hay band 1 “Chief Officer” conditions of service.

5. That the County Solicitor explore further a performance management system linked to incremental progression and bring a report to the Executive for consideration in due course.

was lost (30 votes for, 31 votes against and 1 abstention).

Those voting for the Motion:-

Mrs D M Ansari, B M M Biscoe, R J Bonney, G B Brown, R J Cooper, R G Edwards,

Mrs P M Englefield, M R Gillbard, R E Hichens, B J Higman, G J R Hocking, B L Hunkin,

Mrs T Lello, W J Lobb, M K McTaggart, Mrs J M Mepsted, A P Mitchell, B Morris,

G M Nicholls, A R Paynter, J M Philp, B D Preston, B J Rawlins, Mrs H V Richards,

T A Rowe, K Scoble, G E T Tonkin, Miss S C Townrow, D Whalley and K C Yeo.

Results: 24, Lib Dems, 5 Independents and 1 Conservative.

Those voting against the Motion:-

Mrs S V Bain, C W Brewer, L D Brokenshire, Mrs A J Carlyon, M J Crago, J H Currie,

R E Ellison, Ms R M Ewer, P A Glanville, C Godolphin, R Godolphin, N H Hatton,

H K Heywood, G P Hicks, M A Jeffery, Mrs P A Lyne, P T Martin, D G Miller, M J Moyle,

Mrs S Murray, T R J Nettle, Mrs S M J Oliver, M J Payne, J N Plummer, A H Quinnell,

D L C Roberts, Mrs P A Rowe, T G Smale, R G S Stewart, A J Toms and C Waterhouse.

Results: 15 Independents, 8 Conservatives and 8 Labour.

The following Member abstained from voting:-

P C Tregunna.

As the Motion had been lost and the Council had nothing on the table in front of them, the Chairman moved on to next business.

Pay and Grading Review – Chief Officers

(Agenda No. 12.2)

C/691 W J Lobb moved, seconded by B M M Biscoe that

1. The County Council adopt new salary scales for its Chief Executive and Chief Officers based on the two Option 1's detailed on pages 11 and 12 of the Hay Group's report.

2. The implementation date for any changes agreed by the Council regarding the pay and grading of the Chief Executive and other chief officers be the same as that for other groups of Council staff who are also currently under review, i.e. the target date of 1 April 2004.

There was a request for a recorded vote, however this was from less than a quarter of the people present and the vote was taken on a show of hands.

It was RESOLVED (on a vote 29 for and 28 against) that

1. The County Council adopt new salary scales for its Chief Executive and chief officers based on the two Option 1's detailed on pages 11 and 12 of the Hay Group's report.

CORNWALL COUNTY COUNCIL

MINUTES of a Meeting of the Cornwall County Council held at County Hall, Truro on the 28 October 2003, commencing at 10.30 a.m.

Pay and Grading Review – Chief Officers

(Agenda No. 9.3)

C/777 The Chief Executive and Chief Officers left the Chamber and the Head of Legal Services, gave the procedural and legal advice to the Council. Mr Williams explained that when the matter came to Council on the 29 July 2003 full details were set out in a background report which was confidential and included exempt information. He advised that the motion before the Council on the 28 October 2003 could be debated in public as it dealt with points of principle. However, should the Council stray into points of detail Mr Williams would have to intervene to advise the Council to go into private session.

T G Smale explained he had proposed this motion as this was a major issue which he considered should not be dealt with on a piecemeal basis with little regard for the consequences. He said that the issues needed to be addressed in the light of the effect on the Council Tax and the Pension Scheme. Recruitment, retention and maintaining quality of staff also needed to be considered. He said he had the greatest respect for the Chief Officers and this was not proposed as an anti-staff motion, however he did not feel that this major issue had been assessed properly. He therefore moved and C Waterhouse seconded that:

the Council’s decision made on the 29 July 2003 re Pay and Grading Review – Chief Officers, which was as set out below:

(i) the County Council adopt new salary scales for its Chief Executive and Chief Officers based on the two option 1s detailed on pages 11 and 12 of the Hay Group’s report;

(ii) the implementation date for any changes agreed by the Council regarding the pay and grading of the Chief Executive and other Chief Officers be the same as that for other groups of Council staff who are also currently under review, i.e. the target date of 1 April 2004.

be rescinded and that the recommendations be referred back to the Executive to be reconsidered at their meeting on 26 November and a report be submitted to the County Council on 9 December.

This motion was made under Council Procedure Rules 11, 14.1 and 14.2 proposed by T G Smale, seconded by C Waterhouse and was also supported by

M J Crago, J H Currie, Ms R M Ewer, Mrs J Ferrett, C Godolphin, G P Hicks, M A Jeffery,

D G Miller, M J Moyle, T R J Nettle and Mrs S M J Oliver.

Members debated the motion and the timing of the proposals regarding pay and grading. Key issues highlighted were the need to recruit suitable calibre staff and to retain them; the significant increase in salaries in comparison to the low wage economy; the effect on pensions; and the use of this procedure to rescind the motion which had been democratically agreed in July.

It was moved by B Morris, seconded by Mrs H V Richards that the question be put.

On a vote it was

RESOLVED that the question be put.

In accordance with Council Procedure Rule 15.5 more than a quarter of the Members present at the meeting requested that a recorded vote be taken.

The Head of Legal Services, advised the Council before moving to the vote that a motion to rescind a previously agreed motion was an extreme step and, although the Council was permitted to do this under the Constitution, he needed to remind the Council of the serious nature of this decision. He further informed Members that he had no personal interest in this matter and had not consulted with Chief Officers on the advice that he was about to give. Mr Williams then made the following two points:-

1. Although the Constitution contained no explicit guidance, it was his view that a motion to rescind a Council decision was an exceptional step which should only be considered in very limited circumstances.

This would be either that when the original decision was made, Members had based it on significantly inaccurate or incomplete information or alternatively, if the relevant circumstances had changed so dramatically since the original decision was taken, it had in effect been rendered void. He was not aware that either of these situations applied in this case.

It was an exceptional step because, as Mrs Cox had said, Council decisions were sovereign and were the foundation stone of local authority governance.

2. On 29 July, the Council had made a contractual commitment to its Chief Officers. The only condition that applied to that decision was that the pay award would be implemented at the same time as the outcome of the single status pay and grading review. In other words, the decision to make the pay award had been taken – the only uncertainty was whether it would coincide with the target date for the implementation of the pay and grading review – namely 1 April 2004.

Mr Williams advised Members that if the motion was carried, the Council would be prima facie in breach of its contract of employment with its Chief Officers. One possible claim would be that the Council was in breach of the fundamental implied duty of good faith towards its employees by agreeing to a pay award and 3 months later effectively reversing that decision.

On a vote being taken, the motion as proposed by T G Smale, seconded by C Waterhouse was lost (20 votes for, 37 votes against and 5 abstentions).

Those voting for the motion:-

Mrs A J Carlyon, J H Currie, R E Ellison, Ms R M Ewer, Mrs J Ferrett, C Godolphin,

G P Hicks, M A Jeffery, M A Kaczmarek, D G Miller, M J Moyle, Mrs S Murray, T R J Nettle, Mrs S M J Oliver, M J Payne, A H Quinnell, T G Smale, R G S Stewart, A J Toms and C Waterhouse.

Results: 8 Labour, 7 Conservatives and 5 Independents.

Those voting against the motion:-

Mrs D M Ansari, B M M Biscoe, R J Bonney, G B Brown, R J Cooper, Mrs V A Cox,

Ms O P England, Mrs P M Englefield, W M Flooks, M R Gillbard, Mrs E Heard, B J Higman,

G J R Hocking, Mrs O R Irons, Mrs T Lello, W J Lobb, R A Mann, M K McTaggart,

S D Mennear, Mrs J M Mepsted, A P Mitchell, B Morris, G M Nicholls, A R Paynter,

J M Philp, B D Preston, B J Rawlins, Mrs H V Richards, S G Richards, Mrs P A Rowe,

K Scoble, Ms K A Thomas, G E T Tonkin, Miss S C Townrow, N C Walker, Ms T E Williams and K C Yeo.

Results: 30 Lib Dems and 7 Independents.

The following Members abstained from voting:-

Mrs S V Bain, Mrs P A Lyne, P T Martin, D L C Roberts and P C Tregunna.

Results: 3 Independents and 2 Conservatives.