Agenda Item No. 4 |
Date: 27 November 2009 |
99
To the Chair and Members of the CHIEF
OFFICERS’ APPOINTMENTS AND CONDITIONS OF SERVICE COMMITTEE
Amended Discipline and Dismissal Procedures
for Statutory Officers
EXECUTIVE SUMMARY
1. A
report was presented to this committee on 6 May 2009 to request approval to the
adoption of the Model Disciplinary Procedure & Guidance (2008) (“the Model
Procedure”) as established by the Joint Negotiating Committee as a revised
documented process for dismissals, appeals and compromise agreements, guidance
on the use of suspension and special leave and procedures for investigation for
the Chief Executive.
2. Members
were also asked to consider appropriate amendments to the Model Procedure as
set out and/or recommended in the report to take account of the matters for
local determination (as is set out in the Model Procedure Guidance) or to
ensure compliance with the recommendations of the District Auditor contained in
his report dated 28 May, 2008.
3. It
was resolved that the model
procedure be adopted as the basis of the revised documented process for
dismissals, appeals and compromise agreements, guidance on the use of
suspension and special leave and procedures for investigation for the Chief
Executive, including minor amendments identified and agreed in relation to
those matters for local determination contained in the revised local discipline
and dismissal procedure for the Chief Executive.
4. A
further report was to be submitted to this committee for Members to consider
further amendments to extend the current procedure to also cover the other two
remaining Statutory Officer roles of Monitoring Officer and Section 151 Finance
Officer.
RecommendationS
5. The Committee is asked to consider
the further amendments to extend the current Local
Discipline and Dismissal Procedure for the Chief Executive to cover the other
two remaining Statutory Officer roles of Monitoring Officer and Section 151
Finance Officer (attached as Appendix 1) agreed at the last committee, for
adoption.
BACKGROUND
6. A revised Joint
Negotiating Committee (JNC) handbook for Chief Executives (‘the handbook’) came
into force with effect from 1 April 2008.
Within these revisions are significant changes as regards disciplinary
procedures with the new model procedure contained in the handbook. Although this procedure is recommended to
authorities by the joint secretaries, it is not mandatory; however the relevant
statutory regulations are clearly mandatory and provide an appropriate response
to the Public Interest Report.
7. The Council approved the Chief
Executive’s Action Plan in response to the District Auditor’s Report. It is
considered that the adoption of the new Model Procedures incorporating the
locally determined matters represented a significant step in the progress of
the Improving Governance Project which is the mechanism for the delivery of the
Chief Executive’s Action Plan in response to the District Auditor’s Recommendations
detailed in the earlier report which have been addressed.
8. A holistic approach has
been taken to improve governance arrangements and a clear action plan drawn up
which not only addresses the recommendations with the Public Interest Report
but goes beyond this to aim for governance that fosters and creates an
excellent environment to work within. The implementation of a procedure for
dismissals, appeals and compromise agreements, guidance on the use of
suspension and special leave and procedures for investigation for the Chief
Executive forms part of this holistic approach.
9. The Council’s existing procedure for the discipline
and dismissal of the Chief Executive is the nationally agreed process, which
has been in operation since 1988 with some minor revisions. In the light of difficulties experienced by
a number of authorities over recent years the Joint Negotiating Committee for
Chief Executives of Local Authorities has agreed a new model procedure and
guidance that was issued on 4th April, 2008.
10. Following on from approval of the revised local
procedures given by this Committee in May 2009 and in line with further
published national guidance, it is recommended that these procedures are also
extended to cover all Statutory Officer roles, namely the Monitoring Officer
and Section 151 Finance Officer.
CHANGES TO THE CURRENT PROCEDURE
11. Wherever the procedure refers to the chief executive,
this will now also
extend to
the Statutory Officer roles of Monitoring Officer and Section 151 Finance
Officer.
12. Both additional Statutory Officer roles will also be
afforded the same
entitlements
as for the Chief Executive including the appointment of a Designated
Independent Person to carry out any investigations.
13. Where
any allegation or issue involves the Monitoring Officer, then this
role as
adviser within the procedure will be undertaken by the Deputy Monitoring
Officer.
Options Considered
14.
No other options were considered appropriate in this case
as a review of the related procedures covered in this report was needed not
only to resolve a number of recommendations made as part of the Chief
Executive’s report but also in line with the JNC for Chief Executives changes
effective from 1 April 2008 and further national guidance.
Impact on the Council’s Key Objectives
15.
Doncaster
Priorities |
Implications of this initiative |
Achieving Excellence |
To support the Council in
achieving excellence in direct service delivery and to fulfil its broader
Borough-wide governance and leadership roles as part of the implementation of
the LAA by developing our workforce and Members and creating appropriate
roles and responsibilities that provide clear and effective leadership |
RISks &
Assumptions
16. The risk
of not having appropriate procedures in place and undertaking a review of
existing procedures may result in lessons not being learnt and the Council
facing being in a similar position to when the Public Interest Report was
requested. This could result in a poor reputation locally and nationally in
relation to governance arrangements and the potential for poor ratings in
inspection regimes.
17. In addition, if the Council’s procedures are not fundamentally in line with those of the Joint Negotiating Committee for Chief Executives, and other Statutory Officers then it could leave the council vulnerable to not adhering to its statutory obligations and potential employment tribunal cases being brought forward against the council.
LEGAL IMPLICATIONS
18.The
Local Authorities (Standing Orders) (England) Regulations 2001 (Regulation 6, and Schedule3) require that
no disciplinary action be taken against the Chief Executive or other Statutory
Officers (unless they are also the council
manager) other than in accordance with a recommendation in a report made by the
DIP. The definition of disciplinary action is any action occasioned by alleged
misconduct which, if proved, would, according to the usual practice of the
authority, be recorded on the member of staff's personal file, and includes any
proposal for dismissal of a member of staff for any reason other than
redundancy, permanent ill-health or infirmity of mind or body, but does not
include failure to renew a contract of employment for a fixed term unless the
authority has undertaken to renew such a contract.
The application of
the new model procedures will ensure that processes are up-to-date, comply with
relevant legislation and that best practice is being applied within the
Council.
Adopting the Model Procedure
together with the agreed extended amendments in relation to
those matters for local determination will constitute part of a substantive and significant
response to the Chief Executive’s action plan.
FINANCIAL IMPLICATIONS
19.There are no direct financial
implications arising from the recommendations in this report.
Any
costs associated with dismissals, appeals or compromise agreements will need to
be met from existing budgets. A separate decision with appropriate financial
implications will be made on each occasion.
Consultation
20. Detailed
consultation has taken place with the Chief Executive, relevant
Statutory, Legal and Human
Resources officers.
21. This
report has significant implications in terms of the following:
Procurement |
|
Crime & Disorder |
|
Human Resources |
X |
Human Rights & Equalities |
|
Buildings, Land and Occupiers
|
|
Environment & Sustainability |
|
ICT |
|
Capital Programme
|
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BACKGROUND
PAPERS
Audit Commission Public Interest
Report –
February 2008
Report of the Chief Executive on
the District Auditor’s Public Interest
Report – Full
Council 28 May 2008
NJC for Chief Executives of Local
Authorities Circular - 4 April 2008
Chief Officers’ Appointments and
Conditions of Service Committee –
15 January 2009
Chief Officers’ Appointments and
Conditions of Service Committee –
6 May 2009
Appendix 1
Council’s Revised and Extended
Procedures
From the
National Salary Framework and Conditions of Service for Local Authority Chief
Executives Joint Negotiating Committee Handbook- April 2008
REPORT AUTHOR & CONTRIBUTORS
Jill
Higgs, Head of Human Resources
Tel:
01302 737004 E-mail: jill.higgs@doncaster.gov.uk
Helen
Wilson, Senior Legal Officer
Tel:
01302 734688 E-mail: helen.wilson@doncaster.gov.uk
Kay Leigh
Director of People and Performance Improvement
Appendix 1
Council’s Revised and Extended Local Procedures
From the National Salary Framework and Conditions of
Service for Local Authority Chief Executives Joint Negotiating Committee
Handbook- April 2008