Disciplinary Policy and Procedure Guidance Chief Officer
In this section
- 7. Extract from Part 4.8 Officer Employment Procedure Rules
- 8. Appeals
- 9. PART 1 – DISCIPLINARY PROCEDURE – CHIEF EXECUTIVE
- 10. PART 2 – DISCIPLINARY PROCEDURE - CHIEF OFFICERS (STATUTORY) HEAD OF DEMOCRATIC SERVICES, DIRECTOR OF FINANCE/RESOURCES, MONITORING OFFICER
- 11. PART 3 – DISCIPLINARY PROCEDURE - CHIEF OFFICERS (NON-STATUTORY) – DIRECTORS & HEADS OF SERVICE
- 12. APPENDIX A – THE MODEL DISCIPLINARY PROCEDURE AND GUIDANCE – WALES (EXTRACT FROM CHIEF EXECUTIVES JNC HANDBOOK)
7. Extract from Part 4.8 Officer Employment Procedure Rules
DISCIPLINARY ACTION
(a) The Chief Executive, Monitoring Officer and Chief Finance Officer and the Head of Democratic Services, or an officer to whom disciplinary action is proposed where the officer was, but at the time of the proposed disciplinary action no longer is, the Chief Executive, the Monitoring Officer, the Chief Finance Officer or the Head of Democratic Services and the alleged misconduct or, as the case may be, the reason for the proposal for dismissal, occurred during the period when the officer was one of those officers, may be suspended whilst an investigation takes place into alleged misconduct. That suspension will be on full pay and last no longer than two months. No other disciplinary action may be taken in respect of any of the above officers except in accordance with a recommendation in a report made by a designated independent person appointed by the Council’s Investigation Committee.
(b) Disciplinary action against Directors will be undertaken by Investigation Committee “A”.
(c) Disciplinary action against Heads of Service will be undertaken by Investigation Committee “B”.
(d) Disciplinary action against an assistant to a political group is a matter for the political group that appointed that person.
(e) Disciplinary action against, or suspension of teachers and other staff of schools employed by the local education authority is dealt with by regulations made under Section 35(4) and (5) of the Education Act 2002. 5 Revised at Council 19/05/21.
(f) Councillors will not be involved in the disciplinary action against any officer below heads of service, except where such involvement is necessary for any investigation or inquiry into alleged misconduct, though the Council’s disciplinary, capability and related procedures, as adopted from time to time, may allow a right of appeal to members in respect of disciplinary action.
DISMISSAL
(a) The Chief Executive, Monitoring Officer and Chief Finance Officer and Head of Democratic Services and any officers who were in those posts at the time of the alleged misconduct or, as the case may be, the reason for the proposal for a dismissal may only be dismissed by full Council, after consideration of the report of a designated independent person appointed by the Council’s Investigation Committee.
(b) Subject to (a) above, Directors may only be dismissed by Investigation Committee “A”.
(c) Subject to (a) above, Heads of Service may only be dismissed by Investigation Committee “B”.
(d) Councillors will not be involved in the dismissal of any officer below heads of services except where such involvement is necessary for any investigation or inquiry into alleged misconduct, though the Council’s disciplinary, capability and related procedures as adopted from time to time will allow a right of appeal to the Appeals Committee.
(e) Dismissal of an assistant to a political group is a matter for the political group that appointed that person. Dismissal of teachers and other staff of schools employed by the local education authority is dealt with by regulations made under Section 35(4) and (5) of the Education Act 2002.”
The Council’s Constitution (Part 3.2) provides for the Chief Executive “to appoint, in consultation with the Leaders of the Political Groups, 5 members to serve on the Investigating Committees for JNC Officer disciplinary issues.” Committee A deals with disciplinary issues pertaining to Directors and Chief Executive. Committee B deals with disciplinary issues pertaining to Heads of Service.
However, the Investigation Committee that is set up to deal with any disciplinary issues relating to the Chief Executive must be put in place by the council not the leader or Cabinet. The Welsh Standing Order regulations require (Regulation 9 (1)) that when it appears that an allegation of misconduct which may lead to disciplinary action has been made against the head of paid service (chief executive) the authority must appoint a committee (“an investigation committee”) to consider the alleged misconduct. In this model the JNC envisages that for practical reasons, not explicitly set out in the regulations, this committee will have a wider function than performing only the initial investigation. For example, it will also receive the report of the Designated Independent Person, may make recommendations to full council, may take disciplinary action itself in some circumstances (in accordance with the regulations) and have a number of other functions such as powers to suspend the chief executive and appoint a Designated Independent Person.