To advise of indemnity powers relating to members and officers and recommend various provisions in relation to such powers.

The committee received a report on indemnity powers for members and officers and the proposal to formalise the provision of appropriate insurance cover for members and officers.

Recommendation to Full Council

(i)        The Council grant an indemnity to members and officers of the authority in the terms set out in the Appendix to this report and that the terms of the indemnity are incorporated within the Constitution.

(ii)       In so far as it has not already been obtained, the Section 151 Officer be given the delegated authority:

(a)         to secure insurance cover for members and officers in respect of the indemnities to which (1) refers and also insurance to protect the Council against such liabilities but in either case only to the extent that this is possible and that the Section 151 Officer considers to be financially prudent; and

(b)        that any such insurance ensures that the insurance company agrees not to pursue action against an officer or member as a result of any liability arising in consequence of the Council’s indemnity (i.e. the insurer expressly agrees to waive all subrogation rights it might possess enabling it to take action against the member or officer).

(ii)       That the Corporate Manager – Human Resources and Organisation Development be delegated power to agree with the recognised unions and then to implement any amendment:

(a)          to Officer job descriptions as necessary to incorporate provision for Officers to work for external bodies subject to relevant agreement by or on behalf of the Council; and

(b)          to Officer terms and conditions of employment to be amended as necessary to incorporate the indemnity as may from time to time be adopted by the Council.