Agenda item

New arrangements for Statutory Senior Officer Disciplinary Procedures

To consider the proposed new arrangements for Statutory Senior Officer Disciplinary Procedures.

Minutes:

The Monitoring Officer gave a summary of the report that provided procedural clarity in the processes to be followed in the event that a formal written complaint was made against one of the Council’s three statutory officers- the Head of Paid Service, Monitoring Officer and Chief Finance Officer. She said that legislation had changed in 2015 but that many local authorities had been slow to address these changes, partly because of emerging guidance from the Joint Negotiating Committee (JNC) and partly because it appeared to be very complicated; she confirmed that there were existing procedures in place.

 

She outlined the roles of the three standalone committees that would need to be set up: An Investigating and Disciplinary Committee (IDC), an Appeals Committee (AC) and an Independent Panel (IP). She said that all members would be given detailed training prior to committees being convened. She also sought guidance as to whether new standalone committee should be set up or whether some responsibility could be taken by the Appointments Committee.

 

Councillor Driscoll referred to Paragraph 11 of the report in respect of the responsibility for any decision whether to refer the matter to the IDC resting with a small number of officers.

 

The Monitoring Officer Lawyer said that inclusion of a Head of Human Resources in the process allowed further scope.

 

Councillor Light also referred to Paragraph 11 of the report and expressed concern that there were very limited numbers of officers involved in the process and that it could conceivably be difficult for officers to take action against “one of their own”. She said that consideration should be given to involving both an independent person and Human Resources in the decision-making process.

 

The Chief Executive said that any officers involved in this stage of the process, whilst they worked together closely, were all Independent Senior Officers and were bound by Statutory responsibilities, Officers Code of Conduct and their own Professional Codes of Conduct. She assured members that the statutory officers had at to act at all times in the Council’s best interests or they could be subject to action themselves.

 

The Monitoring Officer said that she could re-visit the recommendation made in Paragraph 11 to consider the involvement of an independent person in the process.

 

In response to a question from Councillor Emanuel, The Monitoring Officer explained the role of independent persons on the Standards Committee.

 

In response to questions from Councillor Khan, the Monitoring Officer confirmed that disciplinary processes were in place for all other Council officers. She also said that the new recommended disciplinary procedures would form part of the employment contracts of the three statutory officers and that she considered that it provided a more solid level of protection.

 

Members supported the principle of the new committees being standalone and not connected to the Appointments Committee. Members also supported the recommendations with the proviso that the Monitoring Officer revisit the recommendation detailed in Paragraph 11 below to consider the decision-making process of referral of matters to the IDC. 

 

RESOLVED that GAP Committee recommend to Full Council:

 

8. That the JNC model procedure be adopted for all three relevant statutory officers and that the Council’s disciplinary procedures and the Constitution be amended to reflect this.

 

9. The establishment of the following standalone Committees to manage the procedure:

 

An Investigating and Disciplinary Committee (IDC) to deal with disciplinary matters relating to the relevant officers. This committee is to be a politically balanced committee of at least five members, at least one of whom is to be a member of the Cabinet. There should be two reserve members in case of any conflict of interest.

 

An Appeals Committee (AC) to deal with disciplinary matters short of dismissal relating to the relevant officers. This committee is to be a politically balanced committee of at least five members, at least one of whom is to be a member of the Cabinet. There should be two reserve members in case of any conflict of interest.

 

An Independent Panel (IP) comprising of three people appointed under section 28 Localism Act 2011 to advise Council in the event of a recommendation from the IDC to dismiss a relevant officer.

 

10.The delegation of power to an elected Member most usually the Chair of the IDC to suspend a relevant officer immediately in an emergency.

 

11.That in the case of a complaint against a relevant officer, the decision whether to refer the matter to the IDC will be delegated to the Monitoring Officer or Chief Finance Officer in conjunction with the HR Manager in the case of a complaint against the Head of Paid Service and delegated to the Head of Paid Service in conjunction with the HR Manager in the case of a complaint against the Monitoring Officer or the Chief Finance Officer.

 

12.That the relevant officers will be given the same right to be accompanied at any disciplinary hearing as all Uttlesford District Council employees. Additionally, this will include the right to be accompanied by a legal representative at their own cost.

 

13.That the Assistant Director Governance and Legal and Monitoring Officer be authorised to make all necessary and consequential amendments to the constitution to give effect to these recommendations.

 

14. That the HR Manager in conjunction with the Assistant Director Governance and Legal and Monitoring Officer be authorised to appoint three new persons to comprise the IP.

 

15. That the HR Manager be authorised to arrange appropriate mandatory training for members serving on the IDC and AC and the Independent Persons serving on the IP.

 

16.That the HR Manager be authorised to amend the Councils disciplinary procedures and contracts of employment for relevant officers accordingly.

 

17.That the IDC and AC be appointed, and seats thereon allocated to political groups in accordance with the rules of proportionality and that appointments be made to Committees in accordance with the nominations received from political groups.

 

 

Supporting documents: