Issue - meetings

Councillor M Jones stated that he had been asked by the Audit and Governance Committee to start the process for the review into the conduct of staff and asked the Staffing Committee to agree that an independent review should take place and the Committee to agree the Terms of Reference for this review.   Having previously declared a potential personal and prejudicial declaration of interest he left the meeting prior to consideration of the report.

The Committee considered a report on the steps to be taken to review the conduct of staff involved in the Council’s proposals to build a waste transfer station at Lyme Green Depot, following the report to the Audit and Governance Committee on 14 June 2012.

The report considered by the Audit and Governance Committee highlighted a number of failings relating to Finance and Contract Procedure Rules, the Planning Process, Project Management, Budgetary Control and Governance arrangements. 

The Audit and Governance Committee had resolved that:

“The Council, in accordance with its staffing policies, instigate an immediate independent review of the conduct of staff mentioned in the report and consider whether there is a case for appropriate disciplinary or other action to be pursued, the review to include consideration on whether the public or any Members were misled.”

It was proposed that an independent review be undertaken into the conduct of staff involved in the proposal to build the waste transfer station.  In order to commence this process, the Staffing Committee was required to agree the Terms of Reference.  Advice on drafting the Terms of Reference had been sought from the North West Employers Organisation.

The process for the appointment and dismissal of council officers, including senior officers, was provided for in the Local Authorities (Standing Orders) (England) Regulations 2001.  It was noted that a ‘designated independent person’ would need to be appointed to investigate allegations of misconduct by statutory officers and that this person must be agreed on by those being investigated otherwise the designated independent person would be nominated by the Secretary of State.  The Regulations required that the designated independent person recommend any disciplinary action that appeared to be appropriate. 

It was agreed that a Staffing Sub Committee would be appointed to proceed with the commissioning of the review.  The Sub Committee would also take the decision on any disciplinary or other action to be taken based on the designated independent person’s report.  The Sub Committee could impose a lesser sanction than that recommended but it could not impose a greater sanction.

Members who were nominated to the Sub Committee confirmed that they had not been involved in the issues under consideration and were not prejudiced in any way.  The nominated Members are Councillors H Murray and D Newton. 

RESOLVED:  That

(1)       an Independently Appointed Investigation be commissioned into the conduct of any individual who contributed, or should have contributed, to the Lyme Green Waste Transfer Station project.

(2)       a Sub Committee of the Staffing Committee be appointed to proceed with the commissioning of  ...  view the full minutes text for item 4