Committee details

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.