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Constitution - Part 5I - Officer employment procedure rules

 

 

1.1  To ensure a fair and credible recruitment and appointment process any job applicant must state, as part of the County Council's recruitment process, if they are related in any way (partner, nephew, aunt/uncle, stepchild etc.) to an existing councillor ('member') or officer of the County Council ('officer').

1.2  If successful no applicant can be appointed without the independent authority of a Corporate Director or an officer nominated by them.

1.3  Any applicant who directly, or indirectly, lobbies and seeks the support of any member or officer for any appointment with the County Council will be automatically disqualified.

1.4  No Member will seek support for any person for any appointment with the County Council.

2.1   Where the County Council proposes to appoint a Chief Officer, defined as those list of officers in part 2L, the County Council will: 

(a)  Draw up a current job profile specifying: 

(i)  The duties of the officer concerned; and
 
(ii)  Any qualifications or qualities to be sought in the person to be appointed. 

(b)  Make arrangements for the post to be advertised openly and using appropriate channels that will attract the best, most qualified, candidates and ensure that there is a clear recruitment process in place to support a successful application process.

3.1   Council will approve the appointment of the Head of Paid Service following a recommendation from the Council's Chief Officers' Panel. This Panel must include at least one member of the Cabinet.

3.2   Council may only approve the appointment of the Head of Paid Service where there is no material or 'well-founded' objection made by any other member of Cabinet.
4.1    The Chief Officers' Panel will appoint those Chief Officers specified in part 2L in accordance with the Local Authorities (Standing Orders) (England) Regulations 2001. The Panel must include at least one member of Cabinet. 

4.2   An offer of employment as a Chief Officer shall only be made where there is no material or 'well-founded' objection from any other member of the Cabinet.
5.1  Recruitment of officers at, and below, Assistant Directors are the responsibility of the relevant Corporate Director or his/her nominee, and may not be made by Members. The only exception to this is the Chief Officer posts specified in part 2L.

6.1  No disciplinary action or procedure likely to involve dismissal of the Chief Executive (Head of Paid Service), Monitoring Officer or s151 Officer may be taken except in accordance with the provisions of the Local Authority (Standing Order) (England) (Amendment) Regulations 2015.

6.2  Accordingly any decision to dismiss any of these officers must be taken by full Council after consideration of:

(a)  any advice, views or recommendations from the Chief Officer Panel sitting as an Independent Panel

(b)  the conclusions of any independent investigation into the proposed dismissal

(c)  any representation from the Officer him/herself

6.3  Members will not be involved in the disciplinary action against any other Chief Officer, specified in part 2L, except:

(a)  Where such involvement is necessary for any investigation or inquiry into alleged misconduct; or

(b)  Where the Council's disciplinary, capability, and related procedures, as adapted from time to time, allow a right of appeal to members in respect of disciplinary action.

6.4  Members will not be involved in the dismissal of any officer below  Chief Officer level , except:

(a)  Where such involvement is necessary for any investigation or inquiry into alleged misconduct; or

(b)  Where the Council's disciplinary, capability, and related procedures, as adapted from time to time, allow a right of appeal to Members in respect of disciplinary action.