MD3068 Appointment of the GLA’s Monitoring Officer

1.1 Under the Greater London Authority Act 1999 (GLA Act), the GLA is required to have three statutory officers: a Head of Paid Service; a Chief Finance Officer; and a Monitoring Officer. These are the only GLA officer roles to which appointments must be made, and terms and conditions determined, by the Mayor of London and the London Assembly acting jointly.

1.2 Prior to 2009, the role of Monitoring Officer was performed by the GLA’s Head of Legal and Procurement. Following the transfer of the GLA’s legal team to Transport for London and the establishment of shared-service arrangements, the Monitoring Officer role has been held by three individuals in the GLA. Each has undertaken the role as an ‘add on’ to their substantive post.

1.3 The current Monitoring Officer, Emma Strain, is stepping down from the role.

1.4 A review undertaken by the Chief Officer of the role and workload of the Monitoring Officer concluded that the GLA should put delivery of this key post on a more sustainable footing and establish it as a standalone post on a permanent basis. It will now be a 0.5 full-time equivalent (FTE) post, with flexibility required from the postholder to ensure responsiveness and that periods of high workload can be appropriately managed.

1.5 The London Assembly, via the GLA Oversight Committee on 6 October 2022, and the Mayor’s Chief of Staff endorsed this new approach.

1.6 The GLA Statutory Officer Protocol (the Protocol) states, at paragraph 4.2:

“Unless there is an express decision of the Mayor and/or the Assembly to the contrary, the interviews for a vacant statutory officer post should be conducted by the Mayor and Assembly acting together as one panel and taking a joint decision through the use of one of the following options (to be determined by the Mayor and Assembly as necessary):

i. The Mayor, and also a member of staff appointed under s 67(1) of the GLA Act acting as an adviser to the Mayor if the Mayor so chooses, and a sub-committee of the Assembly’s staffing committee with such membership being politically proportional as per the usual rules on proportionality; or

ii. Up to two representatives of the Mayor, who must be staff appointed under s 67(1) of the GLA Act, and a sub-committee of the Assembly’s staffing committee (with membership as set out in option A. above).”

1.7 The Protocol provides at paragraph 4.4 that the Head of Paid Service will participate in an advisory capacity in the interviews of candidates for the role of Monitoring Officer.

1.8 Paragraph 4.3 of the Protocol states:

“Formal decisions after the conclusion of the interview process on the appointment and the terms and conditions of that appointment will be taken by the Mayor via a Mayoral Decision form (following a recommendation from one of the Mayor’s appointees if under option B.) and by the Assembly via the Assembly’s staffing sub-committee making a recommendation to the full Assembly. Any offer of employment will need to be made conditional on, and subject to, the formal approval of the Mayor and the Assembly.”

1.9 Accordingly, at its meeting on 6 October 2022, the London Assembly’s staffing committee – the GLA Oversight Committee – established a sub-committee (the Monitoring Officer Appointment Sub-Committee) comprising all four of the Assembly’s Group Leaders to undertake interviews, together with two of the Mayor’s representatives, and recommend an appointee to the London Assembly. The GLA Oversight Committee and the Mayor’s Chief of Staff agreed the interview and shortlisting arrangements for the role.

1.10 Interviews took place in November 2022. The interview panel comprised: the four Assembly Group leaders (the Monitoring Officer Appointment Sub-Committee); the Mayor’s Chief of Staff; the Mayoral Director, Communications; and the Chief Officer (in an advisory capacity).

2.1 This decision asks the Mayor to approve the appointment of Rory McKenna as the GLA’s Monitoring Officer with effect from 1 April 2023 and with the terms and conditions set out at paragraph 4.2 of this report, further to the interview conducted by a panel of Assembly Members and representatives of the Mayor, noting that the appointment, together with the terms and conditions of appointment is a joint decision with the London Assembly.

​​​​​​3.1 The recruitment to this post was undertaken in accordance with the GLA’s recruitment processes as to equal opportunities.

4.1 The Monitoring Officer Appointment Sub-Committee met on 7 December 2022 and has unanimously recommended to the London Assembly that Rory McKenna, who is currently Monitoring Officer at South Cambridgeshire District Council, be appointed as the GLA’s Monitoring Officer, with effect from 1 April 2023.

4.2 The Sub-Committee recommended to the London Assembly that the candidate be appointed on the basis of the job description attached at Appendix 1, at Grade 15 and on a 0.5 FTE basis, and on standard GLA terms and conditions.

4.3 In accordance with the arrangements set out in the Statutory Officer Protocol, the Mayor’s Chief of Staff makes a corresponding recommendation to the Mayor as set out in this Decision form.

4.4 There are no conflicts of interest for any of those involved in the drafting or clearance of this decision form.

5.1 Budgetary provision has been made for this post in the draft budget that was considered by the Budget and Performance Committee on 22 November 2022.

6.1 The Mayor and the London Assembly acting jointly must appoint a Monitoring Officer (section 73(1) of the GLA Act).

6.2 The terms and conditions of the employment of the Monitoring Officer are to be such as the Mayor and the London Assembly acting jointly think fit (section 73(1C) of the GLA Act).

6.3 Section 73(1B) of the GLA Act requires a person appointed to the role of Monitoring Officer to be an employee of the GLA and incorporates sections 7 and 8 of the Local Government and Housing Act 1989 (LGHA) in respect of the appointment of the Monitoring Officer as an employee of the GLA. Section 7 of the LGHA requires that staff must be appointed on merit. Section 8 of the LGHA requires relevant authorities to adopt standing orders in respect of staff, as required by regulations. The provisions and effect of those regulations that relate to statutory officers have been incorporated within the Statutory Officer Protocol, which is incorporated into Standing Order 12 of the GLA’s Standing Orders.

Appendix A - Statutory Officer protocol

Appendix B - Monitoring Officer job description