Agenda item

The Solicitor to the Council to submit a report to consider a revised disciplinary procedure for the Head of Paid Service, Chief Finance Officer and the Monitoring Officer as required under the Local Authorities (Standing Orders)(England)(Amendment) Regulations 2015.

The Solicitor to the Council submitted a report to consider a revised disciplinary procedure for the Head of Paid Service, Chief Finance Officer and the Monitoring Officer as required under the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

The Solicitor of the Council presented the report and explained that she has no officer interest in this item as she is not  a statutory officer at Melton Borough Council. It was explained that this was a further report following the Council decision in July 2015 and the completion of the review of Chief Executive terms and conditions carried out by the JNC. A new Chief Executive Handbook has been issued which provides a model procedure and guidance to follow when dealing with complaints against a Chief Executive (Head of paid Service).

The revised procedure requires the authority to put in place an Investigating and Disciplinary Committee (IDC) to consider allegations and it was clarified that Policy, Finance and Administration Committee could incorporate the Terms of Reference recommended. The IDC is politically balanced and no Members on the IDC can also be members of the Appeals Committee as it will consider appeals against certain decisions of the IDC. If appropriate the IDC can appoint an independent investigator to investigate a complaint and the IDC will then consider the report and make certain recommendations. If the recommendation is for dismissal then an independent panel made up of at least two independent persons will need to meet to consider the recommendation before it is presented to Full Council. It is recommended that the current Appeals Panel amend their terms of reference to include this procedure.

A Member asked that if a recommendation for dismissal was to be discussed at Full Council would it be held in an open or exempt session. The Solicitor to the Council explained that it would be recommended to be held in exempt session due to the nature of the report but the decision falls with Full Council.

A Member questioned when the training would be required for the appeals committee and it was suggested that when a Member is elected onto the committee then they should participate in a form of overview training but more in depth or refresher training be given when the committee is called. A Member asked that a report be brought back to the next meeting when the training had been considered.

The Solicitor of the Council explained that the IDC Terms of Reference included the ability to n suspend the Chief Executive.  It was suggested that paragraph 4 of Appendix C should be amended to include the Section 151 (Chief Finance Officer) and the Monitoring Officer. It was also clarified that the IDC Terms of Reference be applied to the Policy, Finance and Administration Committee.

A Member asked that recommendation 2.4 includes “standing Appeals Committee” to allow for substitutes. The Solicitor of the Council agreed that more work is required to be completed before presentation to Full Council. A Member highlighted to the Solicitor of the Council that a change to the substitute policy had been requested.

It was clarified to a Member that the independent investigators are appointed on a rota system from a list maintained by the JNC.

All recommendations were moved by Councillor Rhodes and Councillor Orson seconded.

All Members were unanimously in favour.

RESOLVED that:

1) the revised disciplinary procedure which applies to the position of Chief Executive as  set out in Appendix A and B which includes the current guidance issued from time to time by the Joint National Committees be adopted.

2) the disciplinary procedure referred to in 2.1 is used as the reference guide in circumstances where disciplinary action against the Chief Finance Officer or Monitoring Officer be contemplated.

3) recommendation be made to Full Council that the Policy, Finance and Administration Committee be appointed as an Investigating and Disciplinary Committee which is politically balanced with no less than 5 Members which is set out in appendix C. Appendix C to be amended to include the Section 151(Chief Finance Officer) and the Monitoring Officer.

4) the terms of reference of the Standing Appeals Committee are amended as set out in Appendix D and the Solicitor to the Council to bring back a report to the next meeting setting out how  the provisions relating substitutes apply in this context prior to referral to Council for consideration.

(The Chief Executive, Section 151 Officer and Monitoring Officer here re-entered the meeting.)