Chief Executive Contract

Summary

A request was made for the employment contract of the Department for Enterprise's Chief Executive, resulting in the disclosure of a 2012 Statement of Written Particulars for an Interim Director role, though the response was partially exempt.

Key Facts

• The disclosed document is a Statement of Written Particulars for David Mark Lewin.
• The role described is Interim Director of Information Services Division within the Department of Economic Development.
• The appointment was for a limited term of 12 months starting in 2012.
• The position included a 20% personal allowance on top of the base salary.
• The salary scale for the role ranged from £61,062 to £76,231 per annum.

Data Disclosed

• 2018-11-26
• 2018-12-21
• 16th November 2012
• 02 November 2012
• David Mark Lewin
• 12 months
• six month
• £61,062
• £76,231
• 20%
• 37 hours
• 25th day
• JESP 5-8

Original Request

Employment contract of the Department for Enterprise's Chief Executive.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

OJ'flw <if iU'suurces 1 NOV 2012 Received Acceptance of Offer of Appointment If you wish to accept this Offer of Appointment and the principal terms set out in this Statement of Written Particulars, please sign and return this document by 16th November 2012. A letter to confirm your appointment to this role will be issued upon receipt of all documentary requirements as set out in your letter dated 02 November 2012. It is recommended that you retain a copy of this document for your personal records. Signature Date Name C^£.VSL.... (in block capitals please) National Insurance Number Please return this signed document by 16th November 2012 to: Office of Human Resources 2nd Floor St Andrew's House Finch Road Douglas Isle of Man IM1 2PX Otflet) of Hum»«i Stt'M)U»'CCS - 7 NOV 2012 Received Annex A Isle of Man Civil Service Statement of Written Particulars of Terms and Conditions of Appointment This document sets out your principal terms and conditions of appointment. It incorporates the Written Particulars required by the Employment Act 2006 and, together with the Civil Service Regulations, constitutes your terms and conditions of appointment to the Isle of Man Civil Service. The Civil Service Regulations are available on the Isle of Man Government website, www.qov.im/hr/iomcs/cs reas/. If you do not have access to the internet and wish to view all or any section of the Regulations, please contact the Recruitment Team as detailed in your Offer of Appointment letter. Name David Mark Lewin The Role This role is Interim Director of Information Services Division on the staff of the Department of Economic Development, Information Services Division. In the interest of the Service you may be transferred to another Department, Board or Office in accordance with Regulation All of the Civil Service Regulations. Place of Work Your normal place of work will be St Andrews House but in the interest of the service you may be relocated on the Isle of Man. Start Date Your start date in this role will be set out in your Confirmation of Appointment letter. Increment Month Your increment month will be the same as the month that you commence in this role. Continuous Service As a new civil servant appointed by the Civil Service Commission, your period of continuous service will commence from your start date within this role. End Date This appointment will be for a limited term of number 12 months from the date of commencement. Your last day of service will be set out in your Confirmation of Appointment letter. Probation Period Your appointment will be subject to a six month probation period, during which time your work and conduct will be carefully assessed. Reports regarding your performance and development during this period will be submitted to the Civil Service Commission by your reporting officer. Collective Bargaining Arrangements Certain terms and conditions of your appointment with the Isle of Man Civil Service are contained in agreements that are negotiated and agreed with the Government Officers' Association. From time to time, variations in the terms and conditions of appointment resulting from the collective bargaining arrangement with the Government Officers' Association will be incorporated to the Civil Service Regulations. Salary This role is within the Corporate Leadership Group JESP 5-8. Your salary on appointment would be per annum on the salary scale £61,062 to £76,231 per annum. In addition, and in recognition of the limited term basis of the role; that it is not superannuable and the additional person responsibility required as Interim Director, you will receive a separate personal allowance equivalent to 20% of the annual salary, currently This allowance is payable on a monthly basis at the discretion of the Commission and will be subject to review in the event that the duration of your appointment is extended or in the event of unsatisfactory performance as determined by the Civil Service Performance and Development Review Scheme. The pay range reflects acceptable performance; market competitiveness, flexibility and any hours worked which the role requires. This role will not receive additional payments covered by the following Civil Service Regulations: In all other respects Civil Service Regulations will apply Staff maintaining a performance acceptable to their grade will progress by annual increments to their scale maximum. Confirmation of an 'acceptable performance' will be agreed between an Officer and their Reporting Officer as part of the Performance and Development (PDR) Scheme for the Isle of Man Civil Service. Your salary would be paid monthly by Bankers Automated Clearing System (BACS) on the 25th day of each month, or the nearest working day prior to the 25th if this falls on a weekend/public holiday. Hours of Work You would work 37 hours spread over the normal working week of Monday to Friday. The normal hours will usually be worked during office hours Monday to Friday but attendance may be required at other times according to the needs of the post. C 25 - 36 inclusive (Overtime Working); C 38 - 46 inclusive (Premium Payments); C 57 - 65 C 47 C 48 C 49 (On- Call Allowances); (Shift Disturbance); (Night Duty Allowance); (Travelling Time) [C 66 continues to apply]; This role does not attract additional pay for hours worked in excess of-37 or for attendance at weekends or on public holidays. By the civil servant Roles in Pay Spans 1 to 5 - 4 weeks Roles in Pay Spans 6 and above - 3 months For the purpose of calculating the last day of service the 3 month period will be treated as 13 weeks (ending on the last working day of a week). This role is in Pay Span 6 and above. A minimum notice period of 3 months will apply. Discipline and Grievance Procedures The discipline and grievance procedures and the methods of appeal and redress are set out in the Civil Service Regulations. Full details are available from your line manager or Head of Department. You have the right to appeal against any disciplinary decision made against you. Such an appeal would be heard by a higher authority than that which took the decision. Retirement Age The normal age of retirement for a civil servant is 65 years. Pension Rights This is a non-pensionable role. Annual Leave This role is in Annual Leave Band F. C, D, E & F 5 and above 0 22 1 23 2 24 4 25 6 27 8 28 10 30 Your previous relevant experience has been taken into consideration and it has been agreed that you should be credited with 10 years' experience for the purpose of calculating your annual leave allowance. Your personal annual leave allowance will be 30 days on entry. In addition you will receive a number of holidays in respect of Public and Privilege days. Further information relating to the annual leave entitlements of civil servants, including entitlements to accrued holiday pay on the termination of appointment, can be found in the Civil Service Regulations. Sick Leave You may be entitled to receive one week's paid sick leave for every 4 weeks' effective service. Your Department will provide you with further information relating to procedures for notification of absence upon commencement in this role. Smoking Policy You will be expected to comply with the Isle of Man Government Smoking Policy, and for the policy within the building in which you are appointed, in accordance with the Public Health (Tobacco) Act 2006. Outside Employment Any employment outside the Civil Service will be subject to the approval of the Accounting Officer in your Department. Notice Period When an appointment is terminated, unless the civil servant is dismissed on disciplinary grounds or prematurely retired on ill-health grounds or retires on reaching the minimum retirement age, the following minimum periods of notice will be given: By the Commission Less than 4 weeks' continuous service - Nil Between 4 weeks and 4 years' continuous service 4 years or more continuous service 5 weeks 1 week for each year of service, plus one week (up to a max of 13 weeks)

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 682381) Website: www.gov.im/dfe Email: anthony.walker@gov.im

Our ref: 661765 19 December 2018

Dear ###

We write further to your request which was received on 26 November 2018 and which states:

"Can I have a copy of the Chief Executives Contract redacted where required Please see Jersey Decision"

Our response to your request is as follows:
Please find enclosed a copy of the Chief Executives Statement of Written Particulars of Terms and Conditions of Appointment. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested, specifically the Chief Executives signature, the specific salary amount at the time the Written Particulars of Terms and Conditions of Appointment were prepared and the specific level of personal allowance because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Department for Enterprise is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department for Enterprise is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department for Enterprise can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met. This original contract has more recently been varied in March 2018 with the relevant terms being:

• Grade – JESP 14-18 – the full pay scales are available here https://hr.gov.im/media/1042/psc-pay-scales-for-corporate-leadership-group-clg.pdf
, with the relevant salary range being £103,713 to £129,534. • The role remains non pensionable, with a 10% additional payment in lieu of this • The role remains a Limited Term Appointment, with the current term set to expire 1st August 2020. All other terms remain as originally outlined in the original Statement of Written Particulars of Terms and Conditions of Appointment. Please quote the reference number 661765 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely