Agenda item

The report and recommendations of the Independent Remuneration Panel (the Panel) are submitted for Members’ consideration.

Discussion:

 

This report provided details of the report and recommendations of the Independent Remuneration Panel. The Panel had undertaken a comprehensive review of the Members’ Allowances Scheme, following the local elections earlier this year, including the Basic Allowance, Special Responsibility Allowances (SRAs), subsistence and travel allowances, rates for childcare and dependent care, as well as the annual up rating index. The Panel had also reviewed the allowances payable to the Mayor and Deputy Mayor even though they were not formally covered by the Scheme.

 

A Diversity Impact Assessment had been undertaken on the proposals as set out in Appendix 2 to the report.

 

The Portfolio Holder for Business Management, Councillor Turpin, supported by Councillor Tranter, proposed the recommendations set out in the report.

 

Councillor Maple, supported by Councillor Murray, proposed the following amendment:

 

Delete existing recommendation 7.1.1 and replace with:

 

7.1.1 That the Basic Allowance paid to all Councillors be £9130.57 per year,and will be index linked to the Council staff cost of living pay awards for the next four years.

 

Delete existing recommendation 7.1.2 and replace with:

 

7.1.2 That the levels of other special responsibility allowances (SRA) be retained at the existing rates for the current financial year and be index linked to the Council staff cost of living pay awards for the next four years.

 

Delete existing recommendation 7.1.3 in its entirety.

 

Delete existing recommendation 7.1.4 and replace with:

 

7.1.4 That the Allowances payable to the Mayor and Deputy Mayor be retained at the existing rates for the current financial year and be index linked to the Council staff cost of living pay awards for the next four years.

 

Delete existing recommendation 7.1.5 in its entirety.

 

Retain existing recommendation 7.1.6 as set out in page 205 of the Agenda.

 

Delete existing recommendation 7.1.7 and replace with:

 

7.1.7 That the existing provisions relating to subsequent SRAs as set out in Notes 1 and 2 of paragraph 7.1 of the existing Members’ Allowances Scheme, as set out in Appendix 3 to the report (page 249 of the Agenda refers) be retained.

 

Retain existing recommendations 7.1.8 – 7.2 as set out in pages 206-208 of the Agenda.

 

On being put to the vote, the amendment was lost.

 

Decision:

 

The Council considered the report of the Independent Remuneration Panel and approved the recommendations in that report as shown below:

 

a)    That the Basic Allowance paid to all Councillors be £10,421 per year and be linked to the median Council staff hourly pay for the next four years. This will begin to address the current situation where Medway is the lowest of the comparator authorities.

 

b)    That the levels of other special responsibility allowances (SRA) be as follows, and be linked to the basic allowance as shown by the benchmark % for the next four years. The basic allowance to be linked to the median Council staff hourly pay as described in decision a) above.

 

 

c)    That the changes to the Basic Allowance and SRAs are backdated to 9 May 2019, but if, as a result of the changes, any Councillor has a net decrease in what they receive, that the Council does not seek repayment and the change, in those circumstances, takes effect 1 April 2020.

 

d)    That the Allowances payable to the Mayor and Deputy Mayor be as follows: Mayor £13026 (125% of the basic allowance) and Deputy Mayor £6253 (60% of the basic allowance) and that they be linked to the basic allowance for the next four years which itself is linked to the median Council staff hourly pay.

 

e)    That the changes to the allowances to the Mayor and Deputy Mayor come into effect from the date of the Annual Council meeting in 2020.

 

f)     That the SRA to the Chairman of Licensing & Safety Committee and members of the Licensing Hearing Panel and Licensing 1982 Panel Hearings be at the rate of £40 per day and be index-linked to the median Council staff hourly pay for the next four years based on a 3 hour session and that the changes comes into effect from 9 May 2019.

 

g)    That the current provisions in the Members’ Allowances Scheme for discounting a subsequent SRA (paragraph 7.1 Note 1) be amended so that Councillors are only entitled to receive one SRA at any one time, with the exception of those in receipt of an SRA from Medway and/or the Kent and Medway Police & Crime Panel or Kent and Medway Fire and Rescue Authority who should have the second and any subsequent Medway SRA discounted as described in the current Scheme (paragraph 7.1 Note 2) and that this revision comes into effect from 1 April 2020.

 

h)    That the Members’ Allowance Scheme (paragraph 7.2) be amended (a) to provide two maximum hourly rates for dependent care costs- £9 an hour per child for child care index-linked against the Living Wage Foundation rate for the next four years and £16.06 per hour per person for adult care or children with special needs, index-linked against the Council’s commissioned hourly home care rate for the next four years; (b) to show the revised maximum for child care and adult care relating to conference attendance; (c) to contain a provision that gives the Head of Elections and Member Services some flexibility to assist Councillors who need specialist care that costs more than the rates approved (d) to remove the requirement for any childcare to be provided by a childminder registered with Medway; the revisions to come into effect from date of the Council decision.

 

i)     That the current provisions for payments to co-optees and members of Education Schools Admission and Exclusion Appeals Panels as set out in the Scheme (paragraph 7.3) are retained without amendment.

 

j)     That the provisions for subsistence allowance set out in paragraph 7.3.1 of the Members Allowances Scheme remain unaltered but that the rates of subsistence allowance claimable as set out in Appendix 3 be indexed against those payable to Council staff for a maximum of four years.

 

k)    That the existing list of duties that qualify for travelling and subsistence allowances in Appendix 1 to the Members’ Allowances Scheme remain unchanged. 

 

l)     That the rate for journeys by car for Councillors should be increased to 45p per mile for all engine sizes and indexed against the Approved Mileage Allowance Payment (AMAP) rate for the next four years (paragraph 7.3.2 of current Scheme). This brings the rate into line with the vast majority of other local authorities.

 

m)  That the travel allowances scheme is also amended as follows to bring it into line with the Council staff scheme against which the scheme provisions should be indexed (paragraph 7.3.2) and Appendix 3:

 

·                No additional 1p per mile is paid for passengers

·                All journeys by car are paid at the same flat rate of 45p rather than a differential rate for the first 60 miles being paid at 40p and 20p per mile thereafter.

·                The rate for travel by motor cycles should be 21.3p per mile

·                Travel by bicycle should continue to be at 20p per mile.

 

n)    That the revisions to the travel allowances come into effect on the date of the Council decision.

 

o)    That the other provisions in the Scheme relating to travel set out in existing paragraph 7.3.2 remain unchanged. 

 

p)    That paragraph 8 of the Members’ Allowances Scheme relating to Conference expenses, duties for which allowances can and cannot be claimed and how to claim remain unchanged.

 

q)    That paragraphs 6.6 to 6.10 in the current scheme be replaced with the provisions set out below to bring them into line with the relevant legislation:

 

“6.6 In the year of Local Council elections:

 

a)    Councillors who had been appointed as Mayor and Deputy Mayor, prior to the elections, shall be entitled to receive payment of their allowances until the date of the Annual Council Meeting held after the election even if they are not re-elected as Councillors;

 

b)    The Councillor who held the position of Leader of the Council prior to the elections shall continue to receive payment of his/her Special Responsibility Allowance until the day of the Annual Council meeting even if he/she is not re-elected unless he/she resigns from office, is disqualified or otherwise removed from office;

 

c)     The Councillor who held the position of Deputy Leader of the Council prior to the elections shall continue to receive payment  of his/her Special Responsibility Allowance until the day of the Annual Council meeting unless he/she is no longer a Councillor, resigns from office or is removed from office by the Leader;

 

d)    Any Councillor who had been appointed by the Leader as a Cabinet Member prior to the elections shall continue to receive payment  of his/her Special Responsibility Allowance until the day of the Annual Council meeting unless he/she is no longer a Councillor, resigns from office or is removed from office by the Leader;

 

e)    Special Responsibility Allowances payable to Councillors who were Opposition Group Leader(s) or Group Whip(s) prior to the election will cease to be payable from the day of  retirement after the elections. Special Responsibility Allowances for Councillors appointed to these positions after the elections will be payable from the date on which formal notice of their appointment is received by the Chief Executive signed by all Members who wish to be treated as members of the relevant political group;

 

f)     Councillors who had been entitled to any other Special Responsibility Allowances in the Scheme prior to the elections shall cease to be entitled to receive payment for the Special Responsibility Allowance from the date on which Councillors take up office after the election;

 

g)     Those Councillors who are appointed to positions which are entitled to a Special Responsibility Allowance after the elections, other than those provided for in paragraphs 6(a) to (e) above, shall be entitled to receive such payments from the day after which they are formally appointed to the relevant position of Special Responsibility either by the Leader, the Council or relevant Committee; 

 

h)    Where a Councillor is in receipt of both a Special Responsibility Allowance from Medway Council and a Special Responsibility Allowance from the Kent & Medway Police and Crime Panel or Kent & Medway Fire & Rescue Authority, no deduction should be made to their Medway Special Responsibility Allowance until Medway Police and Crime Panel or Kent & Medway Fire & Rescue Authority have formally agreed their appointment to the position for which the SRA is payable by them.  If the Kent & Medway Police and Crime Panel or Kent & Medway Fire & Rescue Authority Special Responsibility Allowance is backdated, the deduction from the Medway Special Responsibility Allowance shall be backdated to the same date.”

 

r)     That the Members Allowance Scheme be amended to add the following provisions:

 

“Sickness, maternity, paternity and adoption absence

·      All Councillors shall continue to receive their Basic Allowance in full for a period up to 6 months in the case of absence from their Councillor duties due to leave related to maternity, paternity, adoption, shared parental leave or sickness absence.

·      Councillors entitled to a Special Responsibility Allowance shall continue to receive their allowance in full for a period up to 6 months, in the case of absence from their Councillor duties due to leave related to maternity, paternity, adoption, shared parental leave or sickness absence.

·      Where, for reasons connected with sickness, maternity leave, adoption leave, paternity leave or shared parental leave a Councillor is unable to attend a meeting of the Council for a period of 6 months, a dispensation by Full Council can be sought in accordance with Section 85 of the Local Government Act 1972.

·      If a replacement to cover the period of absence under these provisions is appointed by Council or the Leader (or in the case of party group position, the party group) the replacement will be entitled to claim an SRA pro rata for the period over which the cover is provided.

·      If a Councillor stands down, or an election is held during the period when a Councillor is absent due to any of the above and the Councillor is not re-elected or decides not to stand for re-election, their basic allowance and any SRA will cease from the date they leave office.”

 

s)    That no allowance is paid to the Councillor representative on the Fostering or Adoptions Panels but that the Council look at the feasibility of more Councillors being appointed to the Adoption Panel to share the workload and time commitment.

 

t)     That the Chief Legal Officer is delegated authority to amend the Members’ Allowances Scheme as it appears in the Constitution in accordance with the decisions of this meeting of Full Council.