Issue - meetings

The purpose of the report is to amend the Council’s relevant Procedure Rules in the light of the new Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 which affect disciplinary procedures for the statutory positions of Head of Paid Service, Chief Finance Officer and Monitoring Officer.

Recommendation

It is recommended that the Executive recommends to Council that

1.         the Council’s relevant Procedure Rules be amended in the light of the new Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015, as summarised within this report and set out in detail in Annexe 1; and

2.         the Council reappoints its existing two Independent Persons, namely Tony Allenby and Vivienne Cameron) for the purposes of conducting hearings required under these regulations.

The Executive has agreed to RECOMMEND to the COUNCIL that

1.         the Council’s relevant Procedure Rules be amended in the light of the new Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015, as summarised within the report and set out in detail in Annexe 1; and

2.         the Council reappoints its existing two Independent Persons, namely Tony Allenby and Vivienne Cameron, for the purposes of conducting hearings required under these regulations.

[This item is recommended to the Council for decision and is not subject to the call-in procedure].

[Reason: to amend the Council’s relevant Procedure Rules in light of the new regulations affecting disciplinary procedures for statutory positions].

29.1    The procedures in respect of any disciplinary matters which arise in relation to a statutory officer post are covered by the National Conditions of Service for Local Chief Executives.

29.2    On 26 March 2015, the Department for Communities and Local Government (CLG) tabled the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 with the requirement that they are to come into force “no later than the first ordinary meeting of the authority falling after 11 May 2015”. Therefore the Regulations must be considered at the Council meeting on 21 July 2015.

29.3    Following approval from Council, the Council’s three Statutory Officers, (Head of Paid Services, Section 151 Chief Finance Officer, Monitoring Officer) will be informed of the new Disciplinary Regulations. However, the change to the employees’ contracts of employment will not be implemented until there has been an agreed change to the national collective agreement which will formally amend the National Conditions of Service for Local Chief Executives. It should be noted that the Regulations do not apply to the Deputy Monitoring Officer or Deputy Section 151 Officer, who are deputies appointed by the statutory postholder and not statutory postholders themselves.

29.4    In summary, the changes are as follows:

·        Regulation 2 removes the provisions in the 2001 Regulations relating to the statutory “designated independent person” required to be appointed by a local authority before it could dismiss or discipline its Head of Paid Service, Monitoring Officer or Chief Finance Officer.

·        It makes new provision about the procedure to be followed in such cases, which authorities are required to include in their Procedure Rules.

·        In place of the DIP process, the decision should be taken by Full Council who must consider any advice, views or recommendations from an independent panel, the conclusions of any investigation into the proposed dismissal and any representations from the officer concerned.

·        The Regulations envisage that the Panel will consist of a minimum of two independent persons, who are appointed under section 102(4) of the Local Government Housing Act 1972.  Proportionality rules apply to such committees therefore the Panel will need to consist of at least 5 local authority elected members in addition to the two (or more) ‘neutral’ independent persons.

·        It also requires that the authority, when setting up its panel for the purpose of advising on matters relating to the dismissal of a relevant officer, invite at least two ‘independent persons’ who have been appointed under section 28(7) of the Localism Act 2011.  Waverley, as part of its shared arrangements with Mole Valley, Guildford and Spelthorne Borough Councils, has already appointed two independent persons under this legislation and expects to recruit further independent persons if plans to extend this arrangement to other Surrey Councils go ahead.

29.5    The disciplinary processes that would currently apply to this Council’s statutory officers are those agreed through the collective agreement of the Joint Negotiating Committee for Local Authority Chief Executives.  These processes are contractual and can only be altered by national collective agreement.

29.6    The current process is,  ...  view the full minutes text for item 29