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 31^st 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.

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.

The Leader presented a report seeking 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.  This report had been debated and subsequently approved at a meeting of Cabinet (minute CA.33, 22 November 2022 refers).

The Decision:

That the reports, resolutions and recommendations of the following meeting of the Cabinet be received, approved and adopted:-

The Leader requested a named vote in relation to Minute CA.33.  Members present were recorded as voting as follows:

For the motion: Councillors P Atkin, P Bardon, Mrs B S Fortune, K G Hardisty, N A Knapton, J Noone, B Phillips, A Robinson, M S Robson, Mrs I Sanderson, P R Thompson, A Wake, S Watson, D A Webster and P R Wilkinson (15)

Against the motion: M A Barningham, G W Dadd, C A Dickinson, D B Elders, B Griffiths, R Hudson, D Hugill, R Kirk, G Ramsden and M G Taylor (10)

The motion was declared carried.

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, M G Taylor, S Watson, D A Webster and P R Wilkinson declared a personal interest as members of North Yorkshire County Council.

The Leader made a statement to the Council on the following matters:-

·                the decision of the Home Office not to use Allerton Court as a Refugee Centre; and

·                future reports which would be submitted to Cabinet for consideration at the meeting in December on the Community Infrastructure Levy and Warm Spaces and Foodbanks.

The Leader moved Cabinet minutes CA.32 – CA.34 (22 November 2022).

The Decision:

That the reports, resolutions and recommendations of the meeting of Cabinet held on 22 November 2022 be approved as an accurate record.

The decision:

That the minutes of the meeting held on 18 October 2022 (C.13 - C.20), previously circulated, be signed as a correct record.