Agenda item

Arrangements for the Dismissal of the Head of Paid Service, Monitoring Officer and Chief Finance Officer

Minutes:

The Monitoring Officer introduced a report that requested the Committee to recommend to full Council revised arrangements for disciplinary procedures for the Head of Paid Service, Monitoring Officer and Chief Finance Officer. 

 

The Committee was informed that the proposals as set out fully in the report and appendices would replace the existing process adopted in November 2015 and would reflect the best practice in the Model Disciplinary Procedure and Guidance agreed by the Joint Negotiating Committee for Local Authority Head of Paid Services issued in October 2016.

 

It was clarified that dismissal of one of the statutory officers could only take place with the approval of full Council once the process set out had been carried out.  Members emphasised the importance of training to enable to properly fulfil their role in dealing with potential sensitive employment matters.  The costs of investigation was raised and the Monitor Officer agreed to provide some benchmark fees for an independent investigator, noting that the overall cost would depend on the length and complexity of an investigation.

 

After due consideration, the Committee agreed to recommend the revised disciplinary procedures to full Council, subject to the approval of the Member Panel on the Constitution.

 

Recommended –

 

(a)  The abolition of the existing Statutory Officers’ Disciplinary Panel.

 

(b)  The creation of an Investigating and Disciplinary Committee to deal with disciplinary matters relating to the relevant officers.  This committee to be a politically balanced committee of five Members one of whom is to be a member of the Executive.

 

(c)  The creation of an Appeals Committee to deal with disciplinary matters short of dismissal relating to the relevant officers.  This committee is to be a politically balanced committee of five Members one of whom is to be a member of the Executive.

 

(d)  The creation of an Independent Panel comprising three people appointed under section 28 Localism Act 2011 to advise Council in the event of a recommendation from the Independent Disciplinary Committee to dismiss a relevant Officer.

 

(e)  The Investigating and Disciplinary Committee to have delegated responsibility for the suspension of “the relevant officers.”  In the event of the need for urgency, this function to be delegated to the Monitoring Officer following consultation with the Leader in the case of the suspension of the Head of Paid Service and delegated to the Head of Paid Service following consultation with the Leader in the case of the suspension of the Monitoring Officer or the Chief Finance Officer.

 

(f)  In the case of a complaint against a relevant officer, the decision whether to refer the matter to the Investigating and Disciplinary Committee will be delegated to the Monitoring Officer following consultation with the Leader in the case of a complaint against the Head of Paid Service and delegated to the Head of Paid Service following consultation with the Leader in the case of a complaint against the Monitoring Officer or the Chief Finance Officer.

 

(g)  The relevant officers will be given the same right to be accompanied at any disciplinary hearing as all Slough employees.  This does not automatically include the right to be accompanied by a legal representative.

 

(h)  The Monitoring Officer should be tasked with producing a revised disciplinary procedure for the relevant officers based on the model procedure produced by the Joint Negotiating Committee for Local Authority Head of Paid Services for approval by the Employment and Appeals Committee.

 

(i)  Thereafter the Employment and Appeals Committee will not have responsibility for the discipline of the relevant officers.

Supporting documents: