Introduction
1.
The IDC will determine disciplinary matters in
respect of the Head of Paid Service, the Monitoring Officer and the
Section 151 Officer (Designated Statutory Officers or DSOs),
in accordance with the Model Disciplinary Procedure contained in
the JNC Handbook, and any internal guidance from time to time in
force.
2.
The IDC will comprise 5 Members appointed by the
Group Leaders on a politically proportionate basis as and when a
committee is required to be convened. Members must have completed
mandatory training.
3.
A quorum for the meeting shall be 3
Members.
4.
For consistency, unless unavoidably indisposed or
conflicted, once appointed, the same Members shall comprise the
Committee (and any adjournment of it) over the course of the full
consideration of the matter (and any related matter), until such
time as the matter is completed.
5.
Should any Councillor become conflicted or
indisposed over the course of the matter, any substitution shall be
at the Chair’s discretion in conjunction with the
Committee’s legal adviser.
Terma of Reference
6.
In accordance with the Model Disciplinary Procedure
contained in the JNC Handbook, IDC meetings shall be convened by
the Monitoring Officer (in consultation with the Leader of the
Council). Should the Monitoring Officer (MO) be unable to act, the
Head of Paid Service or Deputy Monitoring Officer (DMO) can also
convene the Committee. References to the MO that follow should be
read accordingly.
7.
The Monitoring Officer shall (in consultation with
the Leader of the Council) filter out and deal with allegations of
misconduct which are clearly unfounded, trivial or can best be
dealt with under some other procedure.
8.
The Monitoring Officer will also consider whether
informal resolution is appropriate.
9.
If a matter passes the filter stage, the Committee
will in conjunction with its legal adviser consider
allegations/issues regarding disciplinary matters (as defined in
The Local Authorities (Standing Orders) (England) Regulations 2001
as amended) relating to the DSOs.
10. The Committee
will after taking advice from its legal
adviser decide:
a)
Whether no further formal action under this
procedure is required
b)
To appoint an Independent Investigator
(“II”) to investigate the issue and to commission
reports from an II
c)
Whether it is appropriate to reach agreement with
the DSO on a formal sanction (short of dismissal) without the need
to appoint an II
d)
Whether to suspend a DSO or to reconsider suspension
and to review at a frequency to be determined by the Committee, any
decisions taken to suspend
e)
What action should be taken against a DSO following
an investigation. This could include a hearing, taking no further
action, informal resolution/other appropriate procedures,
disciplinary action short of dismissal or proposed dismissal. The
Committee shall have delegated authority to impose disciplinary
action short of dismissal in these circumstances.
11. In the event that the Committee recommends dismissal then that recommendation
shall be referred to the Independent Persons Panel (IPP)
prior to being referred to full Council for a
determination.
12. With the exception of
a decision to recommend to full Council that a DSO
be dismissed, there shall be a right of appeal to the Appointments,
Hearings & Determinations Committee against any decisions made
by the IDC to take disciplinary action against a DSO.
