Agenda item

To note the terms of reference and election of Chair, as agreed by Council on 4 May 2022:-

Standing Chair: D. Towns

Membership and Terms of Reference

5 members to be drawn from a pool of 20 trained members (to include 4 Cabinet Members in the pool and one on each committee) (2:1:1:1)

Terms of Reference

(a) To discharge the Council’s disciplinary functions as an employer, in relation to the??Head of Paid Service and Chief and Deputy Chief Officers. 

NB It should be noted that the arrangements at paragraphs (b) to (e) below apply to disciplinary action in relation to a Statutory Officer (defined as the Head of Paid Service, Monitoring Officer and Chief Finance Officer).

(b) To consider and determine whether a Statutory Officer (defined as the Head of Paid Services, Monitoring Officer and Chief Finance Officer) should be suspended (or continue to be suspended) either immediately, or following a preliminary investigation into their conduct, and to formally review any suspension after it has been in place for two months in consultation with the Independent Investigator and after taking into account any representations by the Officer. Suspension will not be appropriate in every case as this will depend on the nature of the allegations or seriousness of the issue and before suspending a Statutory Officer careful consideration should be given to whether it is necessary or if there are any suitable alternative ways of managing the situation.

(c) The Monitoring Officer or, in the case of a conflict of interests, a Deputy Monitoring Officer in consultation with the Director of Human Resources and the Chair of the Committee may determine that a decision on the suspension of a Statutory Officer is required at very short notice and before the Committee can meet, if his or her continued presence at work poses a serious risk to the health and safety of others or to the resources, information or reputation of the Council. Any decision to suspend must be reviewed by the Committee as soon as it is practicable to do so.

(d) To consider and determine disciplinary action short of dismissal in relation to a Statutory Officer in accordance with the Local Authorities (Standing Orders) Regulations 2001 (as amended) and JNC Model Disciplinary Procedure.

(e) To make recommendations to Council regarding the dismissal of a Statutory Officer   for capability, conduct or for some other substantial reason.

(f) To determine grievance appeals relating to the Chief Executive and Chief Officers (as defined in the terms of reference for the Grievance Committee).

(g) To hear and determine disciplinary action in relation to other Chief and Deputy Chief officers (defined in S.2 (1) (b) (c) and (d) of the Local Government and Housing Act 1989).

NB Composition: Members will be drawn from a panel of 20 members (to include 4 Cabinet Members) announced as such a panel at the commencement of the municipal year.?No dismissal of a chief or deputy chief officer shall be taken until the officer appointment procedure rules have been complied with.?