Agenda item

To submit the report of the Chief Executive.

Submitted – The report of the Chief Executive upon proposed amendments to the Council Constitution to establish a standing Investigation Committee and a standing Disciplinary Committee in order to deal with any relevant issues, as and when they arise, regarding the conduct/performance of statutory officers which may sometimes require further investigation in compliance with the statutory procedures in the Local Authorities Standing Orders (Wales) Regulations 2006.

RESOLVED

1.                  That a standing Investigation Committee be established to exercise the functions described in Regulation 9 of the Local Authorities (Standing Orders) (Wales) Regulations 2006 and as reflected in the Officer Employment ProcedureRules in paragraph 4.10 of the Council’s Constitution;

2.                  That the Investigation Committee shall consistof three Members, and be politically balanced in accordance with Section 15 of the Local Government and Housing Act 1989; with one Member being a Member of the Executive. It is suggested that this should not be the Leader or any of those who hold the Portfolios for the statutory officers;

3.                  That the Council delegates to the relevant Statutory Officer, authority to appointthe Members of the Investigation Committee, following consultation with the political GroupLeaders;

4.                  That a standing Disciplinary Committee be established and Members appointed to it. (This would accord with JNC Guidance in relationto Chief Executives and avoid the need for the Council to separately establish a Disciplinary Committee, should one berequired in any case where allegations have been made against a statutory officer and which require considerationunder this process);

5.                  That the Disciplinary Committee shall consistof three Members and be politically balanced in accordance with Section 15 of the Local Government and Housing Act 1989; with one Member being a Member of the Executive. (It is suggested that this should not be the Leader or any of those who hold the Portfolios for the statutory officers. It is further recommended that the Members ofthe Disciplinary Committee shallnot include any Members of the Investigation Committee);

6.                  That the Council delegates to therelevant Statutory Officer, authority to appoint the Members of the Disciplinary Committee, in consultation with the political Group Leaders;

7.                  That the Council delegates to any of the three statutory officers in consultation with the Leader, the authority to incur the expenditure necessary to discharge this statutory/contractual obligation. This may include the engagement of external specialist Solicitors to advise in relation to employment issues, and may involve the appointment of an investigator/independent expert, together with arrangements for interim cover in the event ofany period of suspension.