To consider representations from a Council Officer in order that a decision by the Sub Committee on their possible suspension from work can be taken
Minutes:
The Chairman explained to the named senior officer, and Mr Tunnicliffe, the process which would be followed by the Sub-Committee, in the context of the Council’s response to the report of the Designated Independent Person into the Lyme Green development project.
At its meeting on 18th December 2012, the Sub-Committee had resolved that it was minded to suspend from work the named senior officer, temporarily pending the completion of the disciplinary process regarding her involvement in this matter. The purpose of this meeting was to allow the individual to respond to this course of action, before a final decision was made on the suspension.
The Chairman indicated that the named senior officer would have a full opportunity to make submissions in response to the initial resolution of the Sub-Committee. He also extended to Mr Tunnicliffe the opportunity to make submissions in support of the named senior officer.
The named senior officer made a detailed oral statement to the Sub-Committee, which she also provided in hard-copy format to each Sub-Committee member, and to the officers present. The statement set out her reasons in support of the submission that she should not be suspended from work. She also provided copies of Schedule 3 of the Local Authorities (Standing Orders)(England) Regulations 2001 which are to be incorporated in Standing Orders in Respect of Disciplinary Action and Paragraph 72 of the JNC for Chief Officers of Local Authorities Conditions of Service.
Mr Tunnicliffe made a statement to the Sub-Committee in support of the named senior officer, and of her submission that she should not be suspended from work.
Members of the Sub-Committee asked questions, by way of clarification, of the named senior officer and Mr Tunnicliffe.
The Chairman of the Sub-Committee asked the named senior officer whether she felt she had been given a full opportunity to say everything that she wished to say. She confirmed she was satisfied that this had been the case.
The named senior officer and Mr Tunnicliffe left the meeting, while the Sub-Committee gave consideration in the first instance to submissions by the named senior officer that it did not have the power to suspend her from work.
The named senior officer and Mr Tunnicliffe then rejoined the meeting.
The Chairman explained that, having considered all submissions made on the issue, and having taken legal advice, the Sub-Committee had concluded that it did have power to suspend the named senior officer from work.
The external legal advisor provided further clarification on this to those present.
The named senior officer responded.
The named senior officer and Mr Tunnicliffe then left the meeting, while the Sub-Committee fully considered and discussed the oral and written submissions made by the named senior officer, and by Mr Tunnicliffe, taking into account advice from the officers present.
Following full consideration of all of the issues including:
· the report of the Designated Independent Person, which clarified the nature and impact of the allegations against the named senior officer;
· the risks for the Council associated with any decision not to suspend the named senior officer temporarily;
· the provisions of the Joint Negotiating Committee for Chief Officers of Local Authorities Conditions of Service and the Local Authorities Standing Orders Regulations; and
· the submissions and statements made by and on behalf of the named senior officer;
it was unanimously
RESOLVED:
That the named senior officer be suspended from work temporarily until such time as the disciplinary process in relation to her involvement in this matter had been concluded.
The named senior officer and Mr Tunnicliffe rejoined the meeting, and the Chairman confirmed the resolution of the Sub-Committee.