Agenda item

Arrangements for the dismissal of the Head of Paid Service, Monitoring Officer and Chief Finance Officer

Minutes:

The Interim Monitoring Officer introduced a report that sought the Committee’s approval of a proposed new Disciplinary Policy and Procedure for the Head of Paid Service, Section 151 Officer and Monitoring Officer.

 

The Council had agreed the new policy at its meeting on 18th May 2017 and had resolved that the procedure should be produced by the Monitoring Officer and approved by the Employment & Appeals Committee.  The procedure set out the proposed process based on the model issued by the Joint Negotiating Committee (JNC) for Chief Executives of Local Authorities.  The new procedure covered dismissals for misconduct, capability (performance or ill health other than permanent ill health) and some other substantial reason.  It included the establishment of new bodies required, namely the Investigating and Disciplinary Committee, the Appeals Panel and the Independent Panel.

 

The Committee asked a number of questions about the reasons for introducing the new policy, the circumstances the new procedure would be used and how it would work in practice.  The previous policy had been introduced to comply with new regulations which came into effect in 2015, but it had been produced before the model JNC procedure had been developed and a number of issues had come to light during the disciplinary process undertaken for the previous Chief Executive which needed to be addressed.  The Interim Monitoring Officer explained in detail the scope of the policy, steps leading to suspension, arrangements for an independent investigation and the decision making process, including the role of councillors and the Independent Panel.

 

In response to a question, it was confirmed that any proposal for dismissal would ultimately be considered by full Council.  Action short of dismissal would be a matter for the Investigating and Disciplinary Committee, which was a politically balanced group of five councillors including a member of the Cabinet but not the Leader of the Council.  The Council would appoint Members to the committee and Appeals Panel and the Independent Panel, whose role was to review any proposal for dismissal, would be comprised of Independent Persons.

 

(Councillor Sharif joined the meeting at 6.55pm)

 

Members highlighted the importance of ensuring councillors participating at various stages of the process had received the appropriate training and it was confirmed that this would be provided.  The issue of performance management was raised and it was confirmed that the current arrangements for conducting appraisals of the relevant officers would continue.

 

It was recognised that a robust process needed to be in place that complied with the relevant regulations and adopted best practice.  Members also recognised that the process was complex and requested for an outline of the various required stages of the disciplinary procedure process to be set out on a flow chart for ease of reference and reported to the next meeting.  At the conclusion of the discussion, the Disciplinary Policy and Procedure as set out at Appendix A to the report was approved.

 

Resolved –

 

(a)  That the proposed new Disciplinary Policy and Procedure for the Head of Paid Service, Section 151 Officer and Monitoring Officer be approved.

 

(b)  That a flow chart be produced to set out the disciplinary procedure process outlining the various required stages for ease of reference and reported back to the next meeting.

 

(c)  That details regarding membership of the Investigating and Disciplinary Committee (IDC), the Appeals Panel and the Independent Panel be reported back to the next meeting.

Supporting documents: