Agenda and draft minutes

Cabinet - Tuesday, 22nd November, 2022 9.30 am

Venue: Council Chamber, Civic Centre, Stone Cross, Rotary Way, Northallerton, DL6 2UU

Contact: Democratic Services Officer  01609 767015

Note: Members of the press and public are able to observe the meeting virtually via Teams. Please click on the link below or dial 020 3855 5195 followed by the Conference ID: 841 427 38# For further information please contact Democratic Services on telephone 01609 767015 or email committeeservices@hambleton.gov.uk 

Media

Items
No. Item

CA.32

Minutes

To confirm the decisions of the meeting held on 4 October 2022 (CA.26 - CA.31), previously circulated.

Minutes:

The Decision:

 

That the decisions of the meeting held on 18 October 2022 (CA.13 – CA.20), previously circulated, be signed as a correct record.

CA.33

Local Government Reorganisation - Staffing Matters pdf icon PDF 159 KB

This report seeks authorisation to enter into a settlement agreement with such of the Hambleton Chief Officer Group that does not wish to transfer to North Yorkshire Council as part of the implementation of the transition to a Unitary Authority for the County of North Yorkshire and approval of the terms thereof.

 

In accepting the recommendations, Cabinet will approve and recommend that the Council enters into a Settlement Agreement with each Chief Officers who does not wish to TUPE transfer to the North Yorkshire Council on the proposed financial terms as set out in this report and further detailed in the Confidential Annex based on the grounds and circumstances described in this report in order to assure efficient delivery of Council functions to 31st March 2023 including support to transitional arrangements in creating North Yorkshire Council and to exercise its discretion as employer pursuant to the LGPS Discretions Policy to waive under Regulation 30 (8) of the Local Government Pension Regulations 2013 any reduction in pension which might arise on the basis of exceptional circumstance as described in the report; approve that Council delegates power to the Chief Executive in consultation with the Leader to approve any subsidiary matters necessary to finalise any Agreement provided such matters do not contravene any of the matters set out in this report; and approve that Council funds any payments under the Agreements in the current financial year from the balance of funds in the LGGR with a top up from the Council’s General Fund Reserve as detailed in this report.

Additional documents:

Minutes:

The subject of the decision:

 

This report sought authorisation to enter into a settlement agreement with such of the Hambleton Chief Officer Group that did not wish to transfer to North Yorkshire Council as part of the implementation of the transition to a Unitary Authority for the County of North Yorkshire and approval of the terms thereof.

 

Alternative options considered:

 

The alternative options considered were as set out in the report.

 

The reason for the decision:

 

Cabinet was satisfied that the proposed settlement and in particular the redundancy and termination payments complied with the powers of the Council under the Local Government (Early Termination of Employment) Discretionary Compensation (England and Wales) Regulations 2006 (Compensation Regulations), the Council’s own policies and procedures and represented a reasonable proportionate and necessary response to secure the objectives identified in the report.

 

The decision:

 

That Cabinet approves and recommends that:-

 

(1)     the Council enters into a Settlement Agreement with each Chief Officers who does not wish to TUPE transfer to the North Yorkshire Council on the proposed financial terms as set out in this report and further detailed in the Confidential Annex based on the grounds and circumstances described in this report in order to assure efficient delivery of Council functions to 31st March 2023 including support to transitional arrangements in creating North Yorkshire Council and to exercise its discretion as employer pursuant to the LGPS Discretions Policy to waive under Regulation 30 (8) of the Local Government Pension Regulations 2013 any reduction in pension which might arise on the basis of exceptional circumstance as described in the report;

 

(2)     that Council delegates power to the Chief Executive in consultation with the Leader to approve any subsidiary matters necessary to finalise any Agreement provided such matters do not contravene any of the matters set out in this report;

 

(3)     Council funds any payments under the Agreements in the current financial year from the balance of funds in the LGGR with a top up from the Council’s General Fund Reserve as detailed in this report.

 

Declarations of Interest

 

Councillor M G Taylor declared a personal interest as his wife is an employee of the authority.

 

Councillors G Dadd, C Dickinson, Mrs B S Fortune, B Griffiths (in attendance) and Councillors M G Taylor, S Watson, D A Webster and P R Wilkinson declared a personal interest as members of North Yorkshire County Council.

CA.34

Exclusion of the Public and Press

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of item 5 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A to the Act.

Minutes:

Cabinet did not exclude the press and public during any part of the discussions.