1. DISCIPLINARY ACTION AGAINST THE HEAD OF PAID SERVICE, THE MONITORING OFFICER OR THE CHIEF FINANCE OFFICER

No disciplinary action in respect of the Head of the Paid Service, the Monitoring Officer or the Chief Finance Officer, except action described in paragraph 2, will be taken by the Council, or by any of its decision making bodies or any other person acting on behalf of the Council, other than in accordance with a recommendation in a report made by a designated independent person under Regulation 7 of the Local Government Authorities (Standing Orders) (England) Regulations 2001 (investigation of alleged misconduct).

The action mentioned in paragraph 1 is suspension of the officer for the purpose of investigating the alleged misconduct occasioning the action; any such suspension must be on full pay and terminate no later than the expiry of two months beginning on the day on which the suspension takes effect

"7. (1) Subject to paragraph (5), where, after a local authority has incorporated provisions in standing orders pursuant to regulation 6, it appears to the local authority that an allegation of misconduct by:-

the head of the authority’s paid service;

its monitoring officer; or

its chief finance officer,

as the case may be, ("the relevant officer"), requires to be investigated, the authority must appoint a person ("the designated independent person") for the purposes of the standing order which incorporates the provision in Schedule 3 (or provisions to the like effect).

(2) The designated independent person must be such person as may be agreed between the authority and the relevant officer or, in default of such agreement, nominated by the Secretary of State.

(3) The designated independent person-

 

may direct-

that the authority terminate any suspension of the relevant officer;

that any such suspension must continue after the expiry of the period referred to in paragraph 3 of Schedule 3 (or in provisions to the like effect);

that the terms on which any such suspension has taken place must be varied in accordance with the direction; or

that no steps (whether by the authority or any committee, sub-committee or officer acting on behalf of the authority) towards disciplinary action or further disciplinary action against the relevant officer, other than steps taken in the presence, or with the agreement, of the designated independent person, are to be taken before a report is made under sub-paragraph (d);

may inspect any documents relating to the conduct of the relevant officer which are in the possession of the authority, or which the authority has power to authorise him to inspect;

may require any member of staff of the authority to answer questions concerning the conduct of the relevant officer;

must make a report to the authority-

stating his opinion as to whether (and, if so, the extent to which) the evidence he has obtained supports any allegation of misconduct against the relevant officer; and

recommending any disciplinary action which appears to him to be appropriate for the authority to take against the relevant officer; and

must no later than the time at which he makes his report under sub-paragraph (d), send a copy of the report to the relevant officer.

(4) A local authority must pay reasonable remuneration to a designated independent person appointed by the authority and any costs incurred by him in, or in connection with, the discharge of his functions under this regulation.

(5) This regulation shall not apply in relation to the head of the authority’s paid service if he is also the council manager of the authority." )

 

2. APPOINTMENT, DISMISSAL OR DISCIPLINARY ACTION OF STAFF

(1) Subject to paragraphs (2) and (6), the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the authority must be discharged, on behalf of the authority, by the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the head of the authority's paid service or by an officer nominated by him.

(2) Paragraph (1) shall not apply to the appointment or dismissal of, or disciplinary action against -

(a) the officer designated as the head of the authority's paid service;

(b) a statutory chief officer within the meaning of section 2(6) of the 1989 Act (politically restricted posts);

(c) a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;

(d) a deputy chief officer within the meaning of section 2(8) of the 1989 Act;

(e) a person appointed in pursuance of section 9 of the 1989 Act (assistants for political groups).

 

[1] Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the appointment or dismissal of an officer designated as the head of the authority's paid service, the authority must approve that appointment before an offer of appointment is made to him or, as the case may be, must approve that dismissal before notice of dismissal is given to him.

[2] Where a committee or a sub-committee of the authority is discharging, on behalf of the authority, the function of the appointment or dismissal of any officer referred to in sub-paragraph (a), (b), (c) or (d) of paragraph (2), at least one member of the executive must be a member of that committee or sub-committee.

[1] In this paragraph, "appointor" means, in relation to the appointment of a person as an officer of the authority, the authority or, where a committee, sub-committee or officer is discharging the function of appointment on behalf of the authority, that committee, sub-committee or officer, as the case may be.

[2] An offer of an appointment as an officer referred to in sub-paragraph (a), (b), (c) or (d) of paragraph (2) must not be made by the appointor until -

(a) the appointor has notified the proper officer of the name of the person to whom the appointor wishes to make the offer and any other particulars which the appointor considers are relevant to the appointment;

(b) the proper officer has notified every member of the executive of theauthority of -

(i) the name of the person to whom the appointor wishes to make the offer;

(ii) any other particulars relevant to the appointment which the appointor has notified to the proper officer; and

(iii) the period within which any objection to the making of the offer is to be made by the executive leader on behalf of the executive to the proper officer; and

(c) either -

(i) the executive leader has, within the period specified in the notice under sub-paragraph (b)(iii), notified the appointor that neither he nor any other member of the executive has any objection to the making of the offer;

(ii) the proper officer has notified the appointor that no objection was received by him within that period from the executive leader; or

(iii) the appointor is satisfied that any objection received from the executive leader within that period is not material or is not well-founded.

(5) [1] In this paragraph, "dismissor" means, in relation to the dismissal of an officer of the authority, the authority or, where a committee, sub-committee or another officer is discharging the function of dismissal on behalf of the authority, that committee, sub-committee or other officer, as the case may be.

[2] Notice of the dismissal of an officer referred to in sub-paragraph (a), (b), (c) or (d) of paragraph (2) must not be given by the dismissor until -

(a) the dismissor has notified the proper officer of the name of the person who the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal;

(b) the proper officer has notified every member of the executive of the authority of -

(i) the name of the person who the dismissor wishes to dismiss;

(ii) any other particulars relevant to the dismissal which the dismissor has notified to the proper officer; and

(iii) the period within which any objection to the dismissal is to be made by the executive leader on behalf of the executive to the proper officer; and

(c) either -

(i) the executive leader has, within the period specified in the notice under sub-paragraph (b)(iii), notified the dismissor that neither he nor any other member of the executive has any objection to the dismissal;

(ii) the proper officer has notified the dismissor that no objection was received by him within that period from the executive leader; or

(iii) the dismissor is satisfied that any objection received from the executive leader within that period is not material or is not well-founded.

(6) Nothing in paragraph (1) shall prevent a person from serving as a member of any committee or sub-committee established by the authority to consider an appeal by -

(a) another person against any decision relating to the appointment of that other person as a member of staff of the authority; or

(b) a member of staff of the authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.

(NOTE: PROCEDURE RULES 1 AND 2 ABOVE ARE A STATUTORY REQUIREMENT IN ACCORDANCE WITH THE LOCAL GOVERNMENT AUTHORITIES (STANDING ORDERS) (ENGLAND) REGULATIONS 2001)

3. CANVASSING OF RECOMMENDATIONS BY MEMBERS

Canvassing of Members of the Council directly or indirectly for any appointment under the Council shall disqualify the candidate from such appointment. This principle shall be included in the appointment information pack sent to all applicants.

A Member shall not solicit for any person or recommend any person for such appointment or for promotion. This procedure Rule shall not, however:

(a) preclude a Member from giving a written testimonial of a candidate’s ability, experience, or character, for submission to the Council with an application for appointment,

or

(b) apply to any discussion in a meeting when any applications for an appointment are under consideration.

(3) A Member shall not, without the consent of the Council, attend any meeting of Officers held on premises owned by the Council for the purpose of discussing rates of pay; hours of work, or any other matter relating to the conditions of service of those Officers.

Any complaint or request with reference to any such matters to any Member by an Officer shall be reported by the Member to the Chief Executive or the Director or Head of Business Unit concerned with a view to its consideration by the appropriate Council decision making body.

(1) Every Member and Senior Officer shall disclose to the Chief Executive any relationship known to him or her to exist between himself or herself and a candidate for an appointment under the Council of which he or she is aware.

The Chief Executive shall report to the appropriate decision making body any such disclosures made to him or her.

(2) For the purposes of this Procedure Rule

(a) ‘Senior Officer’ means a Director or Head of Business Unit;

and

(b) persons shall be deemed to be related if they are husband and wife, partners or if either of them or the spouse of either of them is the son or daughter or grandson or granddaughter, brother or sister or nephew or niece of the other or of the spouse of the other.

If any question arises at a meeting of the Council as to the appointment, promotion, dismissal, salary or conditions of service, or as to the conduct of any Officer, the Press and Public will be excluded and it shall be considered by the Council ‘in Committee’ unless the Council otherwise resolves.

No person shall be appointed to any established position under the Council (except in special circumstances), unless his or her employment is agreed by the Council’s Medical Adviser and he or she is not over the age of 65 years.

Any Officer desirous of bringing to the notice of the Council a matter concerning himself or herself or his or her position, shall do so through his or her Director of Head of Business Unit and in accordance with the Council’s Grievance Procedure. In view of the right thus secured to them by the Council’s Grievance Procedure, Officers are prohibited from making personal appeals, written or verbal, direct or indirect, to individual Members of the Council, and any such personal appeal will be held to be a breach of discipline.

All recommendations concerning the Pension of Officers or extensions of service of Officers shall be made by the Cabinet in time.

‘In time’ means at such time as to allow a period of six months between the date of the Council meeting at which approval is given to Pension or extension of service and the date when the Officer concerned shall attain the age of 65 years (or the appropriate date if an extension of service has been granted).

Heads of Business Units shall accordingly report at the appropriate time to the Cabinet on all cases due for Pension.