Agenda item

This report proposes new arrangements for dealing with disciplinary action against the Council’s Statutory Officers in order to comply with statutory requirements.

Discussion:

This report provided details of proposals for new arrangements for dealing with disciplinary action against the Council’s Statutory Officers (Head of Paid Service, Monitoring Officer and Chief Finance Officer) in order to comply with statutory requirements, in accordance with the Local Authorities (Standing Orders) England) (Amendment) Regulations 2015.

The procedures set out in the report had been developed to meet the requirements of legislation which now stipulated that the Council could only take a decision to dismiss these officers after the views of an Independent Persons Panel had been considered. In addition, the report also provided details of the roles for the Employment Matters Committee, Disciplinary Appeals Committee and the Independent Persons Panel in the process.

The Employment Matters Committee considered the report on 5 September 2018 and its comments were set out in section 8 of the report.

Councillor Kemp, supported by the Portfolio Holder for Business Management, Councillor Turpin, proposed the recommendations set out in the report subject to the following corrections and additions:

·         a typing error in paragraph 14.1 (e) which should cross refer to paragraph 9.3.3 in the report rather than 9.3.4;

·         paragraph 14.1 (h) should refer to a subsequent addition to the Employment Rules as well as to the scheme of delegation.

·         the appointment of Councillor Mrs Diane Chambers, Councillor Kemp and Councillor Shaw to the new Disciplinary Appeals Committee;

·         inclusion of consultation with the Opposition Group Spokesperson on the Employment Matters Committee in the delegation to the Chief Executive set out in paragraph 9.3.3 so the first sentence of the delegation will now read as follows:

 “In cases of urgency the Head of the Paid Service may suspend the Chief Finance Officer or the Monitoring Officer, following consultation with the Chairman of the Employment Matters Committee and the Opposition Spokesperson, where practicable whilst an investigation take place into alleged misconduct.”

·         with reference to the advice in paragraph 9.3.4 of the report an additional recommendation that the Council agrees that if there was an urgent need to suspend the Head of the Paid Service, a meeting of the Employment Matters Committee should be convened as soon as practically possible for that purpose.

Decision:

a)    The Council agreed to extend the terms of reference of the Employment Matters Committee, as set out in Appendix 1 to the report.

b)    The Council agreed to appoint a Disciplinary Appeals Committee and agreed its terms of reference, as set out in Appendix 1 to the report, and agreed the Committee should comprise three Members of the Council appointed on a politically proportionate basis (Cons 2: Lab 1 – Councillors Mrs Diane Chambers, Kemp and Shaw).

c)    The Council agreed to appoint an Independent Persons Panel, agreed its terms of reference, as set out in Appendix 1 to the report, and agreed that it should comprise three Independent Persons.

d)    The Councilagreed to pay a fee to Independent Persons appointed to the Independent Persons Panel equal to the agreed rate paid in respect of their role in advising a Council on Councillor Conduct issues.

e)    The Council agreed to amend the Employment Rules, as set out in Appendix 2 to the report and also in paragraph 9.3.3 of the report.

f)     The Council agreed to amend the Employee Delegation Scheme as set out in Appendix 3 to the report, including agreeing to delegate to the Head of Democratic Services authority to invite and appoint members to serve on the Independent Persons Panel as set out in paragraphs 5.7-5.9 of the report.

g)    The Council agreed that where the Employment Matters Committee is considering allegations regarding disciplinary matters relating to the Designated Statutory Officers that, for consistency, unless a Member is unavoidably indisposed or conflicted, the same Members shall comprise the Committee until the matter has been dealt with fully and that the same principle shall apply to the Disciplinary Appeals Committee.

h)    The Council agreed to delegate to the Chief Executive the authority to suspend the S.151 Officer or the Monitoring Officer in cases of urgency, as set out in paragraph 9.3.3 of the report, the first sentence of which is amended as follows, and to also agree the subsequent addition to the Employee Delegation Scheme and the Employment Rules, as detailed in paragraph 9.3.3 of the report.

“In cases of urgency the Head of the Paid Service may suspend the Chief Finance Officer or the Monitoring Officer, following consultation with the Chairman of the Employment Matters Committee and the Opposition Spokesperson, where practicable whilst an investigation take place into alleged misconduct.”

i)     The Council agrees that if there was an urgent need to suspend the Head of the Paid Service, a meeting of the Employment Matters Committee should be convened as soon as practically possible for that purpose.