Decision details

(Mrs Shepherd and Mr Ward withdrew to the public seating area for the duration of this item)

Mr Finch, (Cabinet Member for Support Services), seconded by Mrs Lintill, moved the recommendations of the Cabinet, and reminded the Council of their consideration in July 2015 of the disciplinary procedures relating to the protected officers, i.e. the Head of Paid Service (Chief Executive), Chief Finance Officer (Head of Finance and Governance Services) and Monitoring Officer. The Council had been required by Government Regulations to amend their Standing Orders, so that only the full Council could dismiss any of these officers and before doing so must consider the advice of an Independent Panel, the conclusions of any investigation into the proposed dismissal, and anyrepresentations fromtherelevantofficer.  The Council was no longer, however, required to follow the independent advice. This replaced the previous procedure whereby the Council was required to agree with the officer on the appointment of a Designated Independent Person and to follow the advice of that person.

However, the Government had failed to consult the officers affected through the national negotiating machinery and, particularly in the case of the chief executives, the previous arrangements were incorporated in their contracts of employment. The Council had, therefore, deferred updating the disciplinary procedure to allow time for national negotiations to be concluded. It was now believed that national negotiations would not be resolved for some time and the Council had now been advised by South East Employers (SEE) to proceed with the introduction of a revised disciplinary procedure.

Having prepared a revised disciplinary procedure, certain consequential amendments to the Constitution were required.

RESOLVED

(1)  That the revised Disciplinary Procedure for the Chief Executive, Head of Finance and Governance and Monitoring Officer be approved.

(2)  That the terms of reference of the Investigation and Disciplinary Committee be revised to read as follows:-

“To consider allegations relating to the conduct or capability of the Chief Executive, the Chief Finance Officer and the Monitoring Officer and to take action in accordance with the Council’s approved Disciplinary procedure for these officers, including negotiation of a settlement agreement and (in the case of the Chief Executive only) suspension and disciplinary action short of dismissal.”

(3)  That the following be added to the powers of the Chairman, and in his absence the Vice-Chairman, in Article 5 of Part 2 of the Constitution:-

“The Chairman of the Council has the power to suspend the Chief Executive in an emergency whereby his/her remaining presence at work poses a serious risk to the health and safety of others or the resources, information or reputation of the Council.”

(Mrs Shepherd and Mr Ward returned to their seats)