Terms
of Reference
1.1.
Appointed by:
a)
Full Council
1.2.
Membership
a)
Five Councillors allocated between political groups
in accordance with the rules on political balance set out in the
Local Government and Housing Act 1989.
b)
At least one member must be part of the
Cabinet.
1.3.
Chair/Vice Chair
To
be determined by Full Council.
1.4.
Terms of Reference
a)
To consider any allegation of misconduct capability
or break down of trust against the Head of Paid Service, the
Section 151 (Chief Financial Officer), Monitoring Officer
(“Statutory Officers”) or Directors (collectively
“Officer”)
b)
To authorise an investigation in relation to matters
referred to in a) above (with set timescales), including (where
appropriate) the appointing of an Independent Person who will
consult with the Chair of the Committee.
c)
Decide when the matter can be dealt with by informal
resolution or other appropriate procedures of that there is no case
to answer and advise the Officer accordingly
d)
To suspend the Officer, if deemed appropriate, whilst an
investigation takes place into alleged misconduct, for a period of
up to two (2) months. The Chair will have delegated powers to
review the suspension after the two-month period. Where appropriate
the suspension may only be extended following consultation with the
Independent Person and the consideration of representations by
the Officer.
The Chair will also have delegated authority to suspend
the Officer
immediately in an emergency.
e)
To review the outcome of the investigation to
consider whether disciplinary action is appropriate, after hearing
the Officer
under investigation, and report its recommendations to Full
Council
f)
To take disciplinary action short of dismissal
against the Statutory Officer.
g)
To make a recommendation to the Independent Panel of
dismissal against the Statutory Officer.
h)
The Committee will be governed by the provisions
contained in Part 5 of the Constitution (Officer Employment
Procedure Rules) and guidance from the JNC.