PURPOSE: The purpose of this policy is to articulate the framework, delegation and responsibilities for the review of the Executive Director's performance by the Council-appointed evaluation panel. 1 Delegation to the Appraisal Panel 4. 5 Development of the Performance Agreement 5. 6 Link to Group Leader Performance Agreements 5. 9 Statutory and Other Officials Remuneration Board Increases 7. Part D – Timeline for the Annual Director General Performance Appraisal Process 7 Part E – Roles and Responsibilities. By adopting this policy, Hills Shire Council delegates to the Performance Review Panel the power to conduct performance reviews of the General Manager annually between July 2017 and July 2022 in accordance with this policy.
The Chief Executive is entitled to an annual increase in the Total Remuneration Package (TRP) on each anniversary of the employment contract, which is equivalent to the last percentage increase in remuneration for senior executive holders as determined by the Statutory and Other Officials' Remuneration Tribunal (SOORT). The Review Committee will unanimously determine any changes to the CEO's terms of employment, including adjustments to benefits (excluding SOORT increases). Any management or behavioral actions that you would like the CEO to address during the review year.
The standard form of contract for the employment of the general manager Any references to articles are references to articles of the Act.
STAFFING OF COUNCIL
O RGANISATION STRUCTURE
A PPOINTMENT OF S TAFF
RECRUITMENT AND SELECTION
- R EQUIREMENTS OF THE L OCAL G OVERNMENT A CT 1993
- T HE PRE - INTERVIEW PHASE
- I NTERVIEW P HASE
- S ELECTION P ANEL R EPORT
- F INALISING THE APPOINTMENT
Questions should be designed to reflect the selection criteria of the post and elicit the suitability of the candidate for the post. The council's governing body must by resolution approve the position of general manager offered to the successful candidate before that position is actually offered to that candidate. Conditions such as term of the contract (1-5 years) and remuneration package (within the scope approved by the governing body of the council) can be discussed by telephone, but must be confirmed in writing.
The Standard Contract for the Employment of General Managers approved by the Chief Executive of the Local Government Division must be used. It should be noted that the Chief Executive of the Local Government Division cannot approve individual changes to the standard contract terms.
ROLE OF THE GENERAL MANAGER
K EY DUTIES OF ALL GENERAL MANAGERS
The General Manager should ensure that the business papers of council meetings are sufficient to enable the council to make informed decisions, as well as to allow council members to properly monitor and review the council's operations. This will help councils ensure they comply with all relevant statutory obligations, stay within the budget approved by the council and achieve the strategic objectives set by the council in its delivery program and operational plan. Councilors should receive a range of financial reports throughout the year, including the quarterly budget reviews included in the Accounting and Financial Reporting Code and referred to in the draft guidelines for quarterly budget reviews, reports required by regulation and any legislation.
In addition, at least quarterly, the council should receive a report on any significant litigation affecting the council. Councilors should also receive reports, at least semi-annually, on progress towards implementing the Community Strategic Plan and Delivery Program (see section 203 of the Regulation or page 20 of the Integrated Planning and Reporting Guidelines).
D UTIES DELEGATED TO GENERAL MANAGERS
Where functions are delegated to the day manager to perform on behalf of a governing council body, it is important for the governing council body to ensure that policies are in place to guide decision-making. The governing body of the Council should regularly review policies that guide the delegated decisions. For example, where media relations are delegated to the chief executive, the governing body of the council should adopt a media policy to guide statements to the media.
It is important that the council's governing body ensures that proper records are kept of applications determined under delegation and that regular reports are made on the implementation of delegated functions. This is essential so that the council's governing body can be provided with assurance that the delegated function is undertaken in accordance with any relevant council policies and regulatory framework, e.g. development application decisions. The council's internal audit function is another important internal control to ensure that delegated functions comply with relevant policy and legislation.
A well-designed internal audit program should provide the council with independent assurance that the council's internal controls are operating effectively. When the authority to make a decision is delegated, this does not remove the authority of a council to make a decision. Matters falling outside the terms of a council policy, delegation or day-to-day management (section 335), must be referred to the governing body of the council for a decision.
DAY-TO-DAY OVERSIGHT AND LIAISON WITH THE GENERAL
- G ENERAL MANAGER PERFORMANCE MANAGEMENT FRAMEWORK
- E STABLISHING THE FRAMEWORK FOR PERFORMANCE MANAGEMENT
- E STABLISHING THE PERFORMANCE AGREEMENT
- P ERFORMANCE R EVIEW P ROCESS
- C ONTRACT R ENEWAL OR S EPARATION
- R EWARD AND R EMUNERATION
This should not be an opportunity to discuss results or reenact the CEO's performance review. A council member's performance management report, including the general manager, must not be made public and must be retained in the council's designated confidential personnel file. Disclosing such personal information in confidence to anyone other than the Performance Review Panel, Chief Executive Officer and Board Members may be a violation of privacy laws.
The performance agreement should include clearly defined and measurable performance indicators against which the general manager's performance can be measured. As one of the general manager's main responsibilities is to oversee the implementation of the council's strategic direction, it is important that the general manager's performance criteria align with the goals contained in the council's Strategic Community Plan, Resource Strategy, Delivery Program and Operational Plan. The performance agreement should also include the general manager's personal contribution to the council's key achievements and the general manager's essential skills, including leadership qualities.
The standard contract requires the general manager's performance to be formally reviewed at least annually. The meeting should focus on a constructive dialogue about the CEO's performance against all elements of the agreed performance plan. The Board's governing body must inform the Chief Executive Officer in writing and in clear terms of the outcome of any performance review.
It is important that any decision made by the council's governing body to renew a contract for the day manager and the duration of the contract is reported back to an open council meeting together with the total amount of any agreed pay package. An annual increase in the salary package, equal to the most recent percentage increase in remuneration for senior office holders as determined by the Remuneration Tribunal for Statutes and Other Offices, is available to the General Manager under the Standard Contract on each contract anniversary. Discretionary increases to the General Manager's total remuneration package under the provisions of the Standard Contract may only take place after a formal review of the General Manager's performance has been undertaken by the governing body of the Council and the governing body of the Council decides to grant such a discretionary increase due to better than satisfactory performance.
SEPARATION OR RENEWAL
- T ERMINATION OF A GENERAL MANAGER ’ S EMPLOYMENT
- S USPENSION OF G ENERAL M ANAGER
- D ISPUTE RESOLUTION
- R ENEWING A GENERAL MANAGER ’ S CONTRACT
It would not be appropriate to consult with the council's HR department on the issue of suspending the CEO. The principles of natural justice and procedural justice apply to any decision to suspend the CEO, which means that the CEO must be informed of the circumstances that led to the suspension, the reasons for the suspension, the period of the suspension, and have the right to respond to the decision to suspend. Ideally, the governing body of the council should decide to delegate this function to the mayor or a committee of three councillors, including the mayor.
If the dispute involves the mayor, the deputy mayor should step in for the mayor. If there is no deputy mayor, the governing body should decide to appoint another councilor to take the mayor's place. The governing body of the council and the general manager should agree on an independent mediator to mediate the dispute.
The standard contract allows the chief executive of the department for local government to appoint a mediator where the parties cannot agree on one. The terms of the new contract, and especially the timetables for the new contract, should appear in the offer letter. Before offering a new contract, the council should carefully review the terms of the new contract schedules.
The governing body of the council must ensure that the performance management provisions of the new contract adequately reflect its expectations regarding the general manager's performance. The governing body of the council must also take into account the previous performance reviews carried out under previous contracts. Details of the decision to offer a new contract and a salary package must be reported to an open board meeting.
PERFORMANCE MANAGEMENT TIMELINES
STAGES OF PERFORMANCE MANAGEMENT
Performance review means an employee's performance review conducted in accordance with the procedures set forth in Article 7. Schedule A may be amended from time to time by agreement between the employee and the Council, such agreement not being unreasonably withheld. No other personal allowances, benefits, overtime or allowances will be paid to the Employee during the term of this Agreement, other than those to which the Employee may be entitled under this Agreement.
The employee is entitled to four weeks paid annual leave during each year of service under this contract to be taken as agreed between the employee and the Council. The employee is entitled to the same carers leave that a non-senior member of Council staff would be entitled to. The employee is entitled to the same concession leave as a non-senior member of Council staff would be entitled to.
The Employee will not disclose any confidential information regarding the Council during or after the term of employment under this contract. In addition to the tasks and functions defined in point 6 of this contract, the employee will also perform the following tasks and functions: