Agenda item

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

Councillor Oliver presented the report relating to statutory senior officer disciplinary procedures. He said the procedures only related to the Head of Paid Service, Chief Finance Officer and Monitoring Officer. He said this had been recommended by the GAP Committee and proposed the recommendation.

Councilor Driscoll seconded the proposal.

RESOLVED that:

i.              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.

ii.             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.

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

iv.           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 Manger in the case of a complaint against the Monitoring Officer or the Chief Finance Officer. In all cases the JNC will be consulted prior to referral and independent legal advice will be taken as appropriate.

v.             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.

vi.           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.

vii.          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.

viii.         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.

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

x.             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.