Decision Maker: Terence Herbert (Chief Executive)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To update the Members Allowances Scheme for
2023/24
2. On 20 July 2021 Full Council approved a
Members Allowances Scheme regarding the remuneration of elected
Members. This followed consideration of a report and
recommendations from an Independent Remuneration Panel (IRP), as
required by the Local Authorities (Members’ Allowances)
(England) Regulations 2003.
3. That scheme states “Full Council has agreed the annual pay
award to council staff as the index by which annual adjustments are
made to the basic allowance and the special responsibility
allowances payable to individual Members for the period from April
2021- March 2025”.
4. As was the case for 2022/23, the NJC Pay Award for 2023/24 was
agreed as a lump sum of £1925 for all NJC pay points 1 and
above. If applied as a flat rate to the Members Basic Allowance for
2023/24, this would have represented a 12.8% increase on the
2022/23 basic allowance of £15,004.
5. Prior to 2022/23 the award had been agreed with an average
percentage increase. In accordance with the approved Scheme for
Wiltshire Council, this has been applied automatically, as there is
no provision or requirement within the Scheme for increments to be
approved on an annual basis, as this is the purpose of the
indexing.
6. As it was at the time a new approach in 2022/23 the IRP was
consulted for a view on how to apply the flat rate award vs a
percentage increase, given the wording of the Scheme.
7. After considering the view of the IRP the Monitoring Officer was
consulted. His view was that a natural reading of the Scheme as it
exists, would be to apply the average increase for all staff to all
allowances. The Scheme explicitly states that any increase also
applies to Special Responsibility Allowances, and therefore any
decision not to do so would necessitate an amendment to the Scheme.
The role of councillor is not tied with a specific pay grade of
staff, and therefore in his view any recommendation to do so would
lie outside the scope of the Scheme as it presently stands.
8. It was therefore determined that the meaning of the existing
Members Allowances Scheme, as set out in Part 13 of the
Constitution, would be to apply the average level of staff increase
as the increase to allowances as the relevant index.
9. As the same type of flat rate increase was agreed for 2023/24,
the same principle will be applied in accordance with the
Allowances Scheme as the index by which automatic annual
adjustments will be made to the basic allowance and special
responsibility allowance.
10. This decision is therefore simply to note the application of
the existing Members Allowances Scheme.
11. For the year 2023/24 the average increase from the staff pay
award is 5.76%
12. In 2022/23 the total expenditure for Members Allowances was
£2.162m. A 5.76% increase would therefore lead to an
approximate expenditure around £2.287m, depending on the
level of expenses claimed on top of any allowances.
13. It is open to any Member to forgo any part of their allowance
entitlement if they wish.
14. I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirement - Non-key decision
Views of relevant cabinet member(s), committee chairman - As an
interpretation of the existing scheme only, the Cabinet were
advised of the conclusion of the Director.
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services - Not
a decision regarding local services
Implication of any council policy, initiative, strategy or
procedure - Not applicable
Consultation in accordance with the council’s consultation
strategy - No consultation is required.
Range of options available - As the principle of different options
in response to a flat rate was established in 2022, alternative
options were not necessary.
Staffing, financial and legal implications -Any increase would have
some financial implications, as set out above.
Risk assessment - Not applicable
Involvement of statutory officers and/or directors -The Monitoring
Officer discussed the decision with the Chief Executive and
CLT.
Regional or national guidance from other bodies -Guidance issued by
bodies such as the LGA was considered.
The council’s constitution -This decision reflects the
position of Part 13 of the Constitution
This contract is suitable for execution under the e-signature
process - Not applicable
16. Alternative options were considered as set
out by the IRP in 2022.
Conflict of Interest: 15. Not applicable
Background: 1. As the Proper Officer under Part 3 of the Constitution, I take this decision in accordance with Part 3D1 and paragraph 1.9 in consultation with the Monitoring Officer (in the absence of specific mechanism as set out below) and to deliver agreed strategy, plans and policy, that is the agreed Members Allowances Scheme as set out in Part 13 of the Constitution.
Contact: Terence Herbert, Chief Executive (ERO/RO/Head of Paid Service) Chief Executive Email: terence.herbert@wiltshire.gov.uk Tel: 01225 713790.
Publication date: 28/10/2024
Date of decision: 06/11/2023
Accompanying Documents: