Issue - meetings

RECOMMENDED:

1. That the IDC Terms of Reference should be amended as follows:

                           i.          Paragraph A.5 should be deleted.

                          ii.          Insert new A.12: “The Monitoring Officer is nominated to assess the allegation to determine whether it falls within the remit of the procedure, or whether it is clearly unfounded or trivial or can best be dealt with under some other procedure (the Initial Filter Exercise). Either of the Deputy Monitoring Officer or the Head of Personnel is delegated authority to carry out this role if it is not possible or appropriate for the Monitoring Officer to do so. The Monitoring Officer (or substitute officer above) shall report to the Chair of the IDC if they determine that an allegation does not fall within the remit of this procedure.”

                         iii.          Insert new A.13: “For the purposes of the Initial Filter Exercise above, the Monitoring Officer is delegated authority to carry out any preliminary inquiries that are needed. Either of the Deputy Monitoring Officer or the Head of Personnel is delegated authority to carry out this role if it is not possible or appropriate for the Monitoring Officer to do so.”

2. That the Standards Committee Terms of Reference should be amended as follows:

Insert new E.17: “Act as Grievance Committee where required in grievance matters concerning the Chief Executive, in accordance with the JNC Model Code. For this purpose, five Standards Committee members shall be convened with political proportionality (or three members if this is not possible), none of whom shall be members of the IDC or the Appeal Committee.

For the purposes of fulfilling the Council’s adopted grievance procedures in accordance with the JNC Model Code, Standards Committee nominates the Monitoring Officer to act as Receiving Officer. Where the Monitoring Officer cannot so act, qualifying members of the Standards Committee (i.e. non-members of the IDC and Appeals Committee) shall nominate a Monitoring Officer from a neighbouring authority to act as the Receiving Officer.”

Reason for Decision:

To clarify the relevant arrangements and to maintain consistency with national best practice.

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Cabinet considered a report setting out minor revisions to the procedures that were operated within the Investigations and Disciplinary Committee. The Deputy Monitoring Officer outlined the revisions which were proposed following a recent review of Council’s adopted IDC complaints procedure, and also updates that had subsequently been made to national best-practice code and guidance.

The Corporate Performance Panel had considered the report and supported the recommendations to Cabinet.

RECOMMENDED:

1. That the IDC Terms of Reference should be amended as follows:

                           i.          Paragraph A.5 should be deleted.

                          ii.          Insert new A.12: “The Monitoring Officer is nominated to assess the allegation to determine whether it falls within the remit of the procedure, or whether it is clearly unfounded or trivial or can best be dealt with under some other procedure (the Initial Filter Exercise). Either of the Deputy Monitoring Officer or the Head of Personnel is delegated authority to carry out this role if it is not possible or appropriate for the Monitoring Officer to do so. The Monitoring Officer (or substitute officer above) shall report to the Chair of the IDC if they determine that an allegation does not fall within the remit of this procedure.”

                         iii.          Insert new A.13: “For the purposes of the Initial Filter Exercise above, the Monitoring Officer is delegated authority to carry out any preliminary inquiries that are needed. Either of the Deputy Monitoring Officer or the Head of Personnel is delegated authority to carry out this role if it is not possible or appropriate for the Monitoring Officer to do so.”

2. That the Standards Committee Terms of Reference should be amended as follows:

Insert new E.17: “Act as Grievance Committee where required in grievance matters concerning the Chief Executive, in accordance with the JNC Model Code. For this purpose, five Standards Committee members shall be convened with political proportionality (or three members if this is not possible), none of whom shall be members of the IDC or the Appeal Committee.

For the purposes of fulfilling the Council’s adopted grievance procedures in accordance with the JNC Model Code, Standards Committee nominates the Monitoring Officer to act as Receiving Officer. Where the Monitoring Officer cannot so act, qualifying members of the Standards Committee (i.e. non-members of the IDC and Appeals Committee) shall nominate a Monitoring Officer from a neighbouring authority to act as the Receiving Officer.”

Reason for Decision:

To clarify the relevant arrangements and to maintain consistency with national best practice.