Constitution - Part 2L - Chief Officers` Committee

 

 

1.1 The Chief Officer Committee is responsible for the recruitment of the Council's most senior officers, subject to the requirements of relevant legislation and Council procedures. The Committee is also responsible for certain grievance and disciplinary processes in respect of these officers and for agreeing any severance arrangements for them (in so far as such matters are not delegated to Officers).

2.1 The functions of the Chief Officers' Committee are to:

(a) Make recommendations to the Council on the appointment of the Chief Executive ('Head of Paid Service') to approve the terms and conditions of appointment of the Chief Executive, and to agree any changes subsequently.

(b) Appoint and determine terms and conditions of appointment of the following officers ("Chief Officers"):

  • The monitoring officer designated under section 5(1) of the Local Government and Housing Act 1989 ('Monitoring Officer')
  • The director of children's services appointed under section 18 of the Children Act 2004;
  • The director of adult social services appointed under section 6(A1) of the Local Authority Social Services Act 1970 ;
  • The director of public health appointed under section 73A(1) of the National Health Service Act 2006;
  • The officer having responsibility, for the purposes of section 151 of the Local Government Act 1972 ('Section 151 Officer')
  • A person for whom the head of the authority's paid service is directly responsible;
  • A person who, as respects all or most of the duties of his/her post, is required to report directly or is directly accountable to the head of the authority's paid service (but this does not include any person whose role is mainly administrative);

Subject to the executive objection procedure set out in the Employment Procedure Rules.

(c) Consider and determine disciplinary action in relation to the Head of Paid Service, Monitoring Officer and Section 151 Officer, using the Council's disciplinary and grievance procedures and where appropriate recommend dismissal to full Council;

(d) Consider and determine appeals against disciplinary action, dismissal and grievances in respect of Chief Officers except where other local or national arrangements for an appeal process apply

(e) Consider and determine grievances raised against the Head of Paid Service using the Council's existing grievance procedure;

(f) Consider and determine whether the Head of Paid Service should be suspended either immediately or following a preliminary investigation into his or her conduct (and to review the suspension periodically);    

(g) Make decisions in relation to the compulsory redundancy of the Head of Paid Service and Chief Officers;

(H) Consider and determine applications for voluntary redundancy/early retirement from the Head of Paid Service and Chief Officers.

2.2 All appointments and disciplinary action will be in accordance with the Local Authorities (Standing Orders) Regulations 2001 and Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

2.3 Make decisions in relation to proposed voluntary redundancy/ early retirement or severance packages in line with existing policies of the Council. Where a package with a value of £ 100,000 or more (including any pension strain) is being considered and the committee has discretion in respect of whether or not to allow such a package, the Committee may decide to refer the matter to Council if it considers this appropriate.

3.1 The membership of the Chief Officers' Committee comprises eleven members of the County Council, in political balance including a minimum of two members of the Cabinet.

3.2 There will be a core membership of five members and this core membership will deal with all the functions of the committee save where paragraph 3.3 is relevant.

3.3 Chief Officers' Panels of three or five members will from time to time be drawn from the full membership, to include one member of Cabinet, to deal with individual matters under the terms of reference including grievance and disciplinary issues.

3.4 Members should have received appropriate training and development to be appointed to this committee.

3.5 In the event that the Committee hears a matter that could result in the dismissal of a Statutory Officer then the Independent Persons Panel shall be invited to meet concurrently with the relevant Panel.