Agenda item

To consider the recommendation from the Constitution Committee.

The Chief Executive, Monitoring Officer and Section 151 Officer had declared an interest in this item and left the meeting during consideration of this matter.

The Constitution Committee, at its meeting on 13 February 2017, had considered a report setting out the changes made in the new JNC handbook for Chief Executives, which reflected changes made to the statutory employment protections for the Head of Paid Service, Chief Finance Officer (the Section 151 Officer) and Monitoring Officer who, together, were referred to as the “Protected Officers”. The report also recommended changes to the Constitution to comply with the new requirements. The changes were required to comply with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 and followed the issuing of the revised JNC handbook in October 2016.

In addition to the report, the Committee had had regard to a supplementary paper which set out a number of points of clarification in respect of matters within the main report and its appendices. This had followed discussion with the Chairman of the Staffing Committee who had provided additional helpful perspectives and suggestions on the matter. The clarification paper had recommended a number of consequential amendments to the appendices to the report.

The Constitution Committee had made a number of recommendations to Council and Council:-

RESOLVED:

1.       That a single, uniform dismissal and disciplinary procedure, as set out in the report, be adopted in relation to the Head of Paid Service, the Section 151 Officer and the Monitoring Officer; and

2.       That, subject to the additional recommendations set out in paragraphs 13, 14 and 15 of the clarification paper:

a)    the Staff Employment Procedure Rules be amended as set out in Appendix 2;

b)    the Terms of Reference of the Staffing Committee be amended as set out in Appendix 3;

c)     an Investigation and Disciplinary Committee (comprising 7 elected Members) be established with the terms of reference set out in Appendix 4;

d)    a Disciplinary Appeals Committee (comprising 7 elected Members) be established with terms of reference as set out in Appendix 5;

e)    an Independent Persons Panel be established with the terms of reference set out in Appendix 6;

f)      the Committee may commission and have access to external legal and professional advice. If a protected officer chooses to retain professional advice and/or representation at or in respect of any meeting of or hearing before the Committee, then the protected officer in question shall be responsible for the cost of that advice or representation.

g)    the Director of Legal Services and Monitoring Officer be authorised to invite the Council’s current Independent Persons (being those persons appointed to advise on member conduct complaints under the Localism Act 2011) and if necessary one or more of the Independent Persons of neighbouring authorities (following consultation with the Monitoring Officers of those authorities), to be considered for appointment to the Independent Persons Panel;

h)    the Constitution Committee be authorised to confirm appointments to the Independent Persons Panel;

i)       the Constitution Committee be authorised to approve the payment of a reasonable and proper allowance/expenses for the work undertaken by those Independent Persons appointed to the Independent Persons Panel; and

j)      the Director of Legal Services be authorised to make any further consequential amendments to the Constitution to ensure consistency with the above changes.