Update on politically restricted posts

Report: 7
Date: 29 March 2011
By: Chief Executive

Summary

This report updates Members as to the work of officers in relation to politically restricted posts.

A. Recommendation

That the Committee notes the contents of the report;

B. Supporting information

1. Members were provided at the last Standards Committee meeting with an update on the amendments to the Local Government and Housing Act 1989 by the Local Democracy, Economic Development and Construction Act 2009 in relation to politically restricted posts. The 2009 Act removed the requirement for the Authority to maintain a list of posts to be politically restricted due to salary.

2. Members were informed which posts in the Authority were politically restricted without a right to apply for an exemption, but that the Authority was currently reviewing its posts at Deputy Chief Officer level. The report is attached at Appendix 1.

3. That review has now been completed and the following posts (18) are deemed to be politically restricted without the right to apply for an exemption. These are:

• The Chief Executive (The Head of the Authority’s Paid Service);
• The Treasurer (Statutory Chief Officer)
• Senior Management Team (The Non-Statutory Chief Officers (defined as a person for whom the HOPS is directly responsible; and any person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the local authority itself or any committee or sub-committee of the authority. It excludes secretarial or administrative support to the HOPS));
• Heads of Unit (The Deputy Chief Officers (defined as a person who, as respects all or most of his duties of his post, is required to report directly or is directly accountable to one or more of the statutory or non-statutory chief officers)); and
• The Monitoring Officer.

4. Posts which undertake the following duties are designated as politically restricted, but are able to apply to the Standards Committee for an exemption. The duties are:

• Giving advice on a regular basis to the authority themselves, to any committee or sub-committee of the authority or to any joint committee on which the authority are represented or, where the authority are operating executive arrangements, to the executive of the authority, to any committee of that executive, or to any member of that executive who is also a member of the authority; or
• speaking on behalf of the authority on a regular basis to journalists or broadcasters,

5. Guidance was provided at the last Committee meeting as to how staff can apply for exemption for political restriction. The Human Resources Unit is currently ensuring that all postholders are informed as to whether they are politically restricted and on what basis.

6. The current draft of the Police Reform and Social Responsibility Bill amends the Local Government and Housing Act 1989 so that the politically restricted posts provisions apply to staff of an elected local policing body – therefore the Mayor’s Office for Policing and Crime (clauses 203 and 204 of Schedule 16). The Decentralisation and Localism Bill replaces the application for an exemption to the Head of Paid Service as opposed to the Standards Committee (schedule 4, Part 1, clause 5 (1)).

7. As part of these new governance arrangements, officers will be reviewing the application for an exemption guidance that was brought to the Committee at its last meeting, in preparation for MOPC. If an application is made prior to the abolition of the MPA, members of the Standards Committee will be provided with legal advice as to criteria in the report to consider the exemption.

C. Other organisational and community implications

1. Equalities Impact

1.1 There are no direct equalities impact issues arising from this report.

2. Met Forward

2.1 There are no direct Met Forward implications from this report.

3. Financial Implications

3.1. There are no financial implications arising from the report.

4. Legal Implications

4.1 These are contained within the report.

5. Environmental Implications

5.1 There are no environmental implications arising from this report.

6. Risk Implications

6.1 There are no risk implications arising from this report.

Report author: Helen Sargeant, Solicitor and Monitoring Officer, MPA

Background papers:

D. Background papers

Appendix 1 – Report to 15 September 2010 Standards Committee – Update on politically restricted posts

E. Contact details

Report author(s): Helen Sargeant, Solicitor and Monitoring Officer, MPA

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

• Update on politically restricted posts

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