Issue - meetings

To recommend the Council to make changes to the Council’s Standing Orders in respect of disciplinary action against the Chief Executive and certain other staff, as required by The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

RECOMMENDED TO COUNCIL

1)          That the provisions, extracted from ‘The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015’, as set out in Appendix 1 to the Cabinet report, be substituted for the current Procedural Standing Order 28.

2)          That consideration of an updated Disciplinary Procedure for the Chief Executive, Section 151 Officer and Monitoring Officer be deferred pending the outcome of national negotiations.

3)          That the terms of reference of the Appeals Committee be expanded, as set out in Appendix 3 to the Cabinet report, to incorporate the terms of reference of the Executive Directors and Heads of Service Disciplinary Appeal Panel and the Redundancy Appeal Panel, and that these two Panels be abolished;

4)          That members be appointed to the Investigation and Disciplinary Committee and the Appeals Committee on the nominations of the political groups on the basis that one minority group member is appointed as a substantive member of each committee.

The Cabinet considered the report circulated with the agenda (copy attached to the official minutes).

Mr Finch introduced the report. He explained that new Government Regulations required the Council to make a technical amendment to its Standing Orders at its July meeting. Under previous regulations there had been a requirement that, if disciplinary action was contemplated against a statutory officer, a Designated Independent Person (DIP) was to be appointed by agreement with the protected officer to investigate the matter. The Council could only take action recommended by the DIP. Under the new regulations the DIP would be replaced by a Panel comprising the Council’s existing Independent Persons (IPs), appointed under the Localism Act 2011. The Panel would be called upon to investigate any potential dismissal issues and could recommend to the Council what action to take. However, under the new regulations the Council would not have to follow any recommendations given.

Mr Finch further explained that the new procedure had not yet been agreed by the national bodies representing local authority chief executives. Pending the outcome of national negotiations the two procedures would operate in parallel. Once national negotiations had been resolved, a further report would be made to Cabinet recommending a revised disciplinary procedure for the officers involved.

RECOMMENDED TO COUNCIL

(1)        That the provisions, extracted from ‘The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015’, as set out in Appendix 1 to the Cabinet report, be substituted for the current Procedural Standing Order 28.

(2)        That consideration of an updated Disciplinary Procedure for the Chief Executive, Section 151 Officer and Monitoring Officer be deferred pending the outcome of national negotiations.

(3)        That the terms of reference of the Appeals Committee be expanded, as set out in Appendix 3 to the Cabinet report, to incorporate the terms of reference of the Executive Directors and Heads of Service Disciplinary Appeal Panel and the Redundancy Appeal Panel, and that these two Panels be abolished.

(4)        That members be appointed to the Investigation and Disciplinary Committee and the Appeals Committee on the nominations of the political groups on the basis that one minority group member is appointed as a substantive member of each committee.