Ordinary Member of An Bord Pleanála TERMS AND CONDITIONS

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1 Ordinary Member of An Bord Pleanála TERMS AND CONDITIONS THIS AGREEMENT is made on the day of 2010 between the Department of Environment, Heritage & Local Government (hereinafter called the Department ) and ( an Ordinary Member ). Subject to the provisions of section 106 of the Planning and Development Acts 2000 to 2010 ( the Acts ), an Ordinary Member shall be appointed by the Minister for the Environment, Heritage and Local Government ( the Minister ) and hold office on such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine. NOW IT IS HEREBY AGREED that, pursuant to an order of xx December 2010 in the exercise of the powers conferred on him by section 106 of the Acts, is appointed as an Ordinary Member of An Board Pleanála ( the Board ) subject to the following terms and conditions which derive from the Act and from determinations made by the Minister:- 1. DURATION This appointment as an Ordinary Member, on this fixed term contract, shall commence on 31 December 2010 and shall continue for a period of five years until 30 December 2015 (the Term ), as provided for by section 106 of the Acst and subject to the provisions for termination hereinafter appearing. An Ordinary Member may resign, at any time, by letter addressed to the Minister. If an Ordinary Member wishes to terminate his or her contract of employment a minimum of three months written notice must be given. The Unfair Dismissals Acts 1977 to 2001 shall not apply to a dismissal consisting only of the expiry of the term of this Agreement. 2. REMUNERATION (I) The rate of pay at present is the first point of the Assistant Secretary scale (less 8% as per paragraph 4 of Department of Finance Circular 28/2009) i.e. 121,208 (non Personal Pension Contribution), or 127,588 (Personal Pension Contribution), and shall be paid by the Board. This rate is gross before deduction, inter alia, of employee s contribution to the contributory pension schemes operated by the Board. (See Clause 6, Superannuation, below). (II) The remuneration will be deemed to accrue from day to day and will be payable fortnightly in arrears directly into a nominated bank account. The rate of total remuneration of an Ordinary Member will be (a) (b) (c) subject to such deductions as may be from time to time by law provided may be adjusted from time to time in accordance with Government pay policy as applying to public servants generally, and/or revised as determined by the Minister for the Environment, Heritage and Local Government with the consent of the Minister for Finance 3. LOCATION The initial place of work for an Ordinary Member will be at the Board s headquarters at 64 Marlborough Street, Dublin 1, except where the daily business of the Board otherwise requires. The Minister reserves the right, at his or her discretion, to change the 64 Marlborough Street, Dublin 1 location to any other place within Ireland. Where the post of an Ordinary Member is so designated, an Ordinary Member will be required to transfer, without compensation, to the new location. An Ordinary Member may be required to travel in the performance of his or her duties. 1

2 4. DUTIES Hours of attendance will be as fixed from time to time but will amount to not less than 41 hours gross a week. An Ordinary Member will be required to work such additional hours from time to time as may be reasonable and necessary for the proper performance of his or her duties subject to the limits set down in the working time regulations. The rate of remuneration payable covers any extra attendance liability that may arise from time to time. Subject to the provisions of this Agreement, an Ordinary Member shall dutifully, diligently and in good faith, without favour or bias, perform the functions, exercise the powers and fulfil the duties as provided for in the Planning and Development Acts 2000 to 2010 and other relevant legislation during his or her employment hereunder. Subject to the provisions of this Agreement, he or she shall perform such duties and exercise such powers as the Minister may from time to time assign to him or her in connection with the business of the Board commensurate with his or her position as an Ordinary Member provided always that the Minister may at any time require an Ordinary Member to cease performing and exercising the said or any duties or powers. In pursuance of his or her duties hereunder, an Ordinary Member shall perform such services and accept any duties as the Board may from time to time reasonably require without any further remuneration unless otherwise agreed. An Ordinary Member shall at all times keep the Chairperson of the Board promptly and fully informed of his or her conduct of the business or affairs of the Board, and of all circumstances material to or likely to be material to the business of the Board. An Ordinary Member shall provide such explanations as may be required of him or her. An Ordinary Member s employment requires performance consistent with the high standards expected of senior members of non-commercial State Bodies. An Ordinary Member is required to carry out his or her duties with due regard to An Board Pleanála s Code of Conduct for Board Members, Employees and Certain Other Persons and the Code of Practice for the Governance of State Bodies. An Ordinary Member shall, unless prevented by ill-health, devote his or her whole time and attention during business hours to the discharge of his or her duties and to the business of the Board and shall do all in his or her power to promote, develop and extend the business of the Board and shall at all times and in all respects conform to and comply with the directions and regulations made by the Board commensurate with his or her position as An Ordinary Member and shall not without the previous consent of the Minister in writing: (a) engage in any other profession or business, or (b) be concerned with or interested in any other business of a similar nature to, or competitive with, that carried on by the Board. An Ordinary Member shall use his or her best endeavours to promote the interests of the public and perform his or her office as provided for in the Planning and Development Acts 2000 to 2010 and other relevant legislation. Without prejudice to the generality of the above an Ordinary Member shall: (i) (ii) comply with the standard terms and conditions of employment from time to time applicable to employees with the Board, save in respect of matters otherwise provided for in this Agreement, devote the whole of his or her time and attention during business hours to the discharge of his or her duties hereunder, 2

3 (iii) (iv) (v) not directly or indirectly give or receive any gifts, incentives or inducements to or from any person or company in relation to the carrying out of any activity in connection with the Board or its subsidiaries, if any, comply with any reasonable requirements made by the Board in relation to any complaint made against him or her concerning his or her conduct or performance as an Ordinary Member and to cooperate with any investigation or enquiry constituted to deal with such complaint, and comply with the Board s codes of conduct/policies in relation to ethics, anti-harassment and antisexual harassment, health and safety, and anti-bullying as may be amended from time to time. An Ordinary Member shall not knowingly do, or omit to do, or permit or suffer anything to be done or omitted to the prejudice, loss or injury of the Board. During the term of this Agreement, an Ordinary Member shall not, without the permission of the Minister, hold any office or employment in respect of which emoluments of any kind whatsoever are payable to an Ordinary Member for his or her benefit. 5. PAY RELATED SOCIAL INSURANCE The rate of PRSI payable by an Ordinary Member shall be as determined by the Department of Social Protection. 6. SUPERANNUATION An Ordinary Member shall be a member of the Board s Superannuation Scheme and of the associated Spouses and Children s Contributory Pension Scheme. The terms and conditions (including benefits, contributions and pension age) will be in accordance with the rules of the schemes and in accordance with the legislation governing the post and public service pension terms generally. In accordance with the provisions of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, the Ordinary Member is [not] a new entrant for the purposes of the pension schemes 7. INSURANCE An Ordinary Member shall be entitled to participate in the Permanent Health Insurance Scheme, subject to acceptance by the insurer, through the Board s group membership and the Board shall be entitled to deduct the amount of the relevant premiums from the salary payable to an Ordinary Member. 8. EXPENSES Travel (including mileage) and subsistence allowances shall be paid at such rates and under such conditions as may be determined by the Board from time to time with the approval of the Minister with the consent of the Minister for Finance. The Board shall pay an Ordinary Member all other reasonable vouched expenses, as agreed by the Board, wholly, properly and exclusively incurred by him or her in or about the performance of his or her duties under this Agreement. Travel or other allowances will not be payable in respect of journeys between an Ordinary Member s place of residence and headquarters. 9. LEAVE The annual leave year in the Board runs from 1 st April, to the 31 st March. The annual leave allowance for An Ordinary Member is 31 working days per year, exclusive of the usual public holidays. This annual leave allowance is subject to the usual conditions that apply in the Board regarding the granting of annual leave. An Ordinary Member shall be entitled to other statutory leave, as appropriate. The terms of the Organisation of Working Time Act 1997 will apply to this appointment and to the making, at such times as may be determined from time to time by the Chairperson of the Board, of returns of annual leave taken. 3

4 10. SICK LEAVE At the expense of the Board, an Ordinary Member shall submit to a medical examination by a registered medical practitioner prior to commencement as a Board member and in the event of an accumulation of sick leave and he or she shall notify the Minister of any results likely to impair him or her from discharging his or her duties fully. During properly certified sick absences and provided there is no evidence of permanent disability for service, sick leave with full pay (net of any social welfare benefit) may be allowed up to a maximum of six months in any period of twelve months and at half-pay thereafter, subject to a maximum of twelve months paid sick leave in any period of four years. This provision is subject, however, to section 106(15) of the Planning and Development Acts 2000 to 2010 under which an Ordinary Member may be removed from office in certain circumstances. In the event of an Ordinary Member becoming unable to perform the duties of the office because of sickness, accident or for any other reason, an Ordinary Member shall so inform the Board on the first day of absence and, in all cases of continuous absence, medical certificates must be furnished on the third day at the latest and on a weekly basis thereafter. The Board reserves the right to have an Ordinary Member examined by its own medical practitioner. An Ordinary Member will be required to comply with the sick leave regulations for Board staff and payment for absences will be in accordance with the Board s arrangements. 11. MEMBERSHIP OF THE OIREACHTAS and/or PARLIAMENT OF EUROPEAN UNION and/or LOCAL AUTHORITY Pursuant to Sections 106 of the Acts, an Ordinary Member shall cease to be an Ordinary Member on acceptance of nomination as a member of Seanad Éireann, or is nominated for election to either House of the Oireachtas or to the European Parliament or, pursuant to section 19 and Part XIII of the Second Schedule of the European Parliament Elections Act 1997, is regarded as having been elected to such Parliament to fill a vacancy, or on becoming a member of a local authority. 12. TERMINATION OF OFFICE An Ordinary Member may be removed from office by the Minister pursuant to section 106(15) of the Planning and Development Acts 2000 to 2010 if in the opinion of the Minister - (i) (ii) (iii) the Ordinary Member has become incapable through ill-health of effectively performing his or her functions, or the Ordinary Member has committed stated misbehaviour, if his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions. The Minister shall be entitled to suspend the Ordinary Member (with or without pay as the Minister deems appropriate) pending investigation of any of the matters referred to above. In the case of a removal from office of an Ordinary Member, the Minister must lay before each House of the Oireachtas a statement in writing of the reasons for the removal. Upon the termination of an appointment for whatsoever reason the Ordinary Member shall (unless requested by the Minister in writing not to do so) resign without compensation from all offices (if any) held by her in the Board, and in the event of his or her failure to do so the Minister is irrevocably authorised to appoint some person in his or her name and on his or her behalf to execute all documents and to do all things requisite to give effect thereto. At the request of the Board, on termination of this Agreement, the Ordinary Member will immediately deliver to the Board all books, documents, papers (including copies), materials and any other property of or relating to the business of the Board then in his or her possession or which are or were last under his or her power or control. During the 12 month period immediately following the termination of his or her employment as an Ordinary Member, the Ordinary Member shall not: 4

5 (i) (ii) (iii) accept an offer of appointment from an employer; accept an engagement in a particular consultancy project, or; engage in a new enterprise in the sector related to the Board, where the nature and terms of such appointment or engagement could lead to a conflict of interest without first obtaining approval from the Minister. Save with the prior written consent of the Chairperson of the Board (which may be refused for any reason) an Ordinary Member shall not within the period of 12 months from the date on which his or her employment with the Board terminates either on his or her own behalf or for any other person, firm or organisation solicit or endeavour to entice away from the Board any person who was to the Ordinary Member s knowledge at the time during the last twelve months of his or her employment with the Board an employee, an Ordinary Member, officer or associate of the Board. 13. DECLARATION OF INTEREST In accordance with section 147 of the Planning and Development Acts 2000 to 2010, an Ordinary Member is required to make a declaration of interests in the prescribed form, and otherwise comply with the provisions of that section. The provisions of section 148 of the same Acts, relating to the disclosure of certain beneficial interests, also apply to the office of an Ordinary Member. 14. STANDARDS IN PUBLIC OFFICE An Ordinary Member shall comply fully with the relevant provisions of the Ethics in Public Office Act 1995 and the Standards in Public Office Act NON DISCLOSURE OF CONFIDENTIAL INFORMATION An Ordinary Member is required to comply with the provisions of Sections 113 and 114 of the Planning and Development Acts 2000 to 2010 which relate to the disclosure of confidential information and to the prohibition of certain communications in relation to any matter which falls to be considered or decided by the Board, or any of its committees or consulting groups. An Ordinary Member shall not (except in the proper course of his or her duties) either during or after the period of his or her appointment, divulge information to any person and shall use his or her best endeavours to prevent the publication or disclosure of any information concerning the business or finances of the Board. An Ordinary Member shall not at any time make any untrue or misleading statement in relation to the Board or any related body. 16. RECONSTRUCTION OF BOARD If before the completion of the term of appointment of an Ordinary Member, the employment of an Ordinary Member shall be terminated by reason of the liquidation of the Board for the purpose of reconstruction or amalgamation or in connection with any arrangement for the reconstruction or amalgamation of the undertaking of the Board not involving liquidation and an Ordinary Member shall be offered employment with any concern or undertaking resulting from such reconstruction or amalgamation on terms and conditions as to salary and other benefits not less favourable than the terms and conditions set out in this document until the termination of this term of appointment then an Ordinary Member shall have no claims against the Board, the Minister or the Government in respect of the termination of employment. No regard shall be paid to any alleged loss of status arising from such offer of fresh employment. 17. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of Ireland. All disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland to which the parties irrevocably submit. In the alternative, the parties may mutually agree to such form of conciliation, mediation, arbitration or alternative dispute resolution as is considered appropriate to the resolution of any such dispute, claim or proceedings. 5

6 18. ASSISTANCE IN LITIGATION An Ordinary Member shall upon reasonable notice, furnish such information and proper assistance to the Board as it may reasonably require in connection with any litigation in which it is, or may become, a party either during or after employment. 19. CHANGES TO TERMS AND CONDITIONS The Minister, following consultation with the Ordinary Member, reserves the right to make reasonable changes to any of the terms and conditions of employment set out in this Agreement. 20. PAY IN LIEU On serving notice for any reason to terminate this Agreement or at any time thereafter during currency of such notice, the Board shall be entitled to pay to an Ordinary Member his or her basic salary at the appropriate rate in lieu of serving the unexpired period of the notice. 21. GENERAL This Agreement sets out the entire agreement and understanding of the parties and is in substitution for any previous contracts of employment. The expiration or termination of this Agreement, howsoever arising, shall not operate to affect such of the provisions of this Agreement as are expressed to operate or have effect after such expiration or termination, and shall be without prejudice to any accrued rights or remedies of the parties. 6

7 IN WITNESS whereof this Agreement has been entered into the day and year first above written Ordinary Member SIGNED by Date: in the presence of: Date: DEPARTMENT SIGNED by Date: in the presence of: Date: 7

8 APPENDIX I OUTLINE OF STATEMENT REGARDING SUPERANNUATION PROVISIONS AND RETIREMENT AGES FOR ALL PEOPLE TAKING UP APPOINTMENT ON OR AFTER 1 APRIL 2004 The Public Service Superannuation (Miscellaneous Provisions) Act 2004 was passed on 25 March The Act introduces new superannuation and retirement provisions for new entrants to the public service. The term new entrant is defined in Section 2 of the Act. A copy of that Section is attached for your information. On the basis of the information supplied by you in relation to your previous employment history, you are deemed not to be a new entrant. This means that your superannuation position is as follows: (a) you will be a member of the Superannuation Scheme and the associated Spouses and Children s Contributory Pension Scheme in An Bord Pleanála. (b) contribution rates to the main Superannuation Scheme are 1.5% of gross salary and 3.5% of net salary (gross salary less twice the annual rate of contributory Social Welfare pension). Contributions of 2.5% of gross salary are payable in respect of the Spouses and Children s Contributory Pension Scheme (c) pension benefits will be calculated on an accrual rate of 1/48 th of net pensionable pay for each year of service. Retirement gratuity will be calculated as one and a half times pension (pension x 1.5) (d) subject otherwise to the terms of your appointment, a voluntary retirement age of 60 years will apply and a compulsory retirement age of 65 will apply. To be signed by appointee The implications of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 have been explained to me. A copy of the definition of new entrant has been given to me. I have considered that definition and I agree/do not agree with the decision in my case. (If you do not agree with the decision, please state your reasons.) Signed: Date: 8

9 Public Service Superannuation (Miscellaneous Provisions) Act 2004 New entrant. 2. (1) Subject to subsections (2) to (6), reference in this Act to new entrant means a person who is not serving in a public service body, or a body to which Schedule 1 relates, on 31 March 2004 but becomes a public servant on or after 1 April (2) Where a person is not a public servant (by virtue of the exclusions to public servant in section 1 ) but is a person to whom (a) paragraph (i) of those exclusions relates and such person holds, or had held on or before 31 March 2004, the office to which that paragraph relates, or (b) paragraph (ii), (iii), (iv) or (v) of those exclusions relates and such person holds on 31 March 2004 an office or position to which one of those paragraphs relates or to whom subsection (3) would apply if the office or position were that of a public servant within the meaning of this Act, then, where such person on or after 1 April 2004 becomes a public servant for the purposes of this Act, then that person shall be deemed not to be a new entrant. (3) Where (a) a person on 31 March 2004 (i) stands seconded from the public service to a body not in the public service, either within or outside the State or both, or (ii) is absent on leave with or without pay from the public service, and (b) that person is entitled to resume his or her office or position or another office or position within the public service, then that person shall not be treated as a new entrant if he or she resumes his or her office or position, or takes up another office or position, within the public service on or after 1 April (4) Where (a) a person duly receives a written offer of appointment as a public servant before 1 April 2004 and takes up that offer after that date, (b) a person was serving in a public service body or a body to which Schedule 1 relates prior to 31 March 2004 and left such an office or position and 9

10 takes up appointment as a public servant on or after 1 April 2004 (i) under the same contract of employment, or (ii) no later than 26 weeks following the last day of service prior to 31 March 2004, or (c) a person who immediately before 1 April 2004 stood admitted as a trainee Garda to the Garda College at Templemore, and where (I) but for this subsection, subsection (1) would apply to him or her, and (II) where paragraph (a) applies, the terms of the offer of appointment would be contravened if subsection (1) were to apply, then, such person shall not be regarded as a new entrant and the provisions applicable to a public servant shall, but only in so far as the application of provisions relating to retirement age and superannuation, as the case may be, apply in the same manner as to a person serving in the public service on 31 March (5) (a) Where before 1 April 2004 a person was a member of either House of the Oireachtas or the European Parliament, or was a holder of a qualifying office, then such person shall not be regarded as a new entrant for the purposes of any superannuation benefit payable in respect of membership of the Oireachtas or the European Parliament or in respect of any qualifying office. (b) A person who holds or has held the office of Taoiseach shall not be regarded as a new entrant in relation to any superannuation benefit payable in respect of the holding of a qualifying office. (6) Where on or after 1 April 2004 a public servant who is not a new entrant ceases to serve in a public service body or in a body to which Schedule 1 relates and does so otherwise than for employment in another public service body or in a body to which Schedule 1 relates, then that person shall, if he or she subsequently applies for an office or position within the public service, be treated as a new entrant in respect of such subsequent service unless he or she takes up appointment (a) under the same contract of employment, or (b) as a public servant no later than 26 weeks following the last day of service prior to cessation. 10

11 (7) For the purpose of supplementing subsection (5), the Act referred to in columns 1 and 2 of Part 1 of Schedule 2 is amended to the extent specified in column 3 of that Part opposite the references to the Act concerned. 11

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