To consider the confidential report of the chief executive on the appointment of political assistants.
Minutes:
Council considered the report of the chief executive, in his capacity as head of paid service, on the appointment of political assistants.
Council was reminded that in 2016, as part of the budget setting process, it had made provision for a political assistant for the Conservative Group. An appointment was subsequently made to the post in September 2016 without a specific report explaining the principles and consequences.
The report set out that under section 9 of the Local Government and Housing Act 1989, a local authority may appoint up to three assistants for political groups, subject to specific conditions including their remuneration. Where the number of groups entitled to a political assistant exceeds the legislative provisions Council must determine to which group(s) the political assistant should be allocated. The key features of this statutory provision are as follows:
• the appointment is described as being “for the purpose of providing assistance, in the discharge of any of their functions as members of a relevant authority, to the members of any political group to which members of the authority belong”;
• a council may have a maximum of three such posts at any given time, but appointments can only be made if posts are allocated to all of the groups who qualify (for South Oxfordshire two posts could be created at this time);
• the posts are fixed term and run until the Annual Meeting following an election (i.e. approximately four years).
A council cannot make an appointment to a post allocated to any political group unless it has also allocated a post to all of the political groups entitled to a post. A political group does not have to take up the offer. The appointment of a political assistant is dependent on Council passing a resolution in support of the principle of appointing political assistants.
The report advised that the council did not follow the correct administrative processes in appointing a political assistant for the Conservative Group in 2016. To address this Council was invited to reconsider the issue in accordance with the above process with a recommendation to authorise the appointment of political assistants which in turn would regularise the appointment of the current Conservative Group political assistant. Attached to the report was a draft of the proposed job description for the post.
In response to questions officers provided the following responses:
· Whilst the council had not followed the correct administrative processes it had not recruited or employed an officer illegally. Budget provision had been provided, a recruitment process followed and the postholder provided with full employment rights. External legal advice supported this view.
· Internal audit were aware of the issue and had been involved with the legal advice. The matter would be brought to the attention of the external auditor.
· A political assistant is a local government officer, employed exclusively to support a local political group in its day-to-day council duties. Political Assistants are ‘politically restricted’ in accordance with the Local Government and Housing Act 1989, meaning they are not allowed to voice their political opinion in public, nor publicly canvass for a particular political party, although they are allowed to convey their political opinion and advice to the group they support.
· As officers employed by the council, political assistants, could attend conferences which supported their role.
A number of councillors expressed the view that public funds should not be used to fund political assistant posts. The funds could have been used in other areas for example to employ Police Community Support Officers. However, the majority of councillors supported the recommendation. It was unfortunate that the original decision was not taken in accordance with legislative provisions. However, in agreeing the recommendations Council would regularise both the decision taken in February 2016 to employ a political assistant and the status of the current postholder.
RESOLVED: to:
1. authorise the appointment of political assistants to support the political groups within the council;
2. allocate a post each to the Conservative and Opposition Forum Groups;
3. authorise the head of legal and democratic services to amend the council’s constitution as set out in paragraph 8 of the chief executive’s report to Council on 20 April 2017.