South Lakeland District Council
Council
20 May 2015
Local Authorities (Standing Orders) (England)
(Amendment) Regulations 2015
PORTFOLIO:
Not applicable
REPORT FROM:
Debbie Storr – Director of Policy and Resources
(Monitoring Officer)
REPORT AUTHOR:
Debbie Storr/Chris Woods - Democratic and Electoral
Services Manager
WARDS:
Not applicable
KEY DECISION NO:
Not applicable
1.0
PURPOSE OF REPORT
1.1
The purpose of this report is to approve changes required to standing orders
following implementation of the Local Authorities (Standing Orders) (England)
(Amendment) Regulations 2015 which came into force on 11 May 2015.
2.0
RECOMMENDATIONS
It is recommended that
(1)
approval be given to the proposed amendments to the delegations to the
Human Resources Committee/Sub-Committee, as set out in Appendix 2, to
comply with the requirements of the Local Authorities (Standing
Orders)(England)(Amendment) Regulations 2015, including the invitation
for 2 Independent Persons in accordance with the arrangements as set out
in this report;
(2)
the Officer Employment Procedure Rules be amended, as appended to this
report at Appendix 1, to meet the new statutory changes detailed therein,
with the Solicitor to the Council being confirmed as the Proper Officer for
the purposes of those Rules, and
(3)
the Monitoring Officer be authorised to make all necessary changes to the
Constitution.
3.0
BACKGROUND
3.1
The Council’s current Officer Employment Procedure Rules are as set out on
pages 189 - 192 of the Council’s Constitution. These Rules apply to the
recruitment and dismissal of various Chief Officers, in particular the 3 statutory
officers of Head of Paid Service, Monitoring Officer and Chief Finance Officer.
3.2
Some of these functions are delegated to a sub-committee of the Human
Resources (HR) Committee as set out on page 41 of the Constitution which
confirms that a sub-committee drawn from 5 members of the HR Committee (to
include at least 1 Cabinet member) has delegation to deal with the discharge of
duties under Paragraph 4.4 of the Officer Employment Procedure Rules.
3.3
The Local Authorities (Standing Orders) (England) (Amendment) Regulations
2015, which came into force on 11 May 2015, introduced new arrangements for
dealing with disciplinary cases involving a council’s 3 statutory officers – the
Head of Paid Service, Monitoring Officer and Chief Finance Officer. The new
Regulations require councils to amend their Standing Orders to have regard to
these new arrangements.
3.4
Traditionally before one of these officers could be dismissed the Council had to
appoint a designated independent person (DIP) to carry out an investigation into
the circumstances. The Council could then only take disciplinary action in
accordance with the DIP report and recommendation.
3.5
The new regulations seek to introduce a new streamlined procedure whilst
attempting to retain some independent check within the system. They give the
“independent person” appointed to support the members’ conduct framework a
role in the disciplinary process for chief officers.
3.6
The Regulations introduce new mandatory Standing Orders which all councils
will have to put into their Constitution to replace arrangements relating to the
previous framework. The revised Standing Orders have been incorporated into
the Employment Procedure Rules attached at Appendix 1 to this report for
Members to confirm.
3.7
Only the Full Council can dismiss one of the 3 statutory officers (referred to as
“relevant officer”). Previously (with the exception of the Head of Paid Service)
the decision could have been delegated to a committee or to the Head of Paid
Service.
3.8
Before considering such action the Council must set up a Panel (which shall be
a committee of the council) for the purpose of advising the Council on the
dismissal of relevant officers of the authority. It is proposed that these functions
should sit with the Human Resources Committee, but that a smaller number of
Members would be more appropriate for such a Panel, and that these additional
functions are delegated to the 5 Member Sub-Committee of the Human
Resources Committee (as under the existing rules).
3.9
Under the new arrangements for the Officer disciplinary process the Council
must invite at least two Independent Persons (IPs) to be on the Panel. The IP
must be invited but there is no obligation on any IP to take up the invitation, nor
is there anything which would prevent the Panel sitting if the IPs did not attend.
3.10
IPs are to be invited in a particular order. First priority is to be given to an IP
appointed by the Council who is also an elector in that Council’s area. If that
proves insufficient numbers, or the invite is refused, the Council should invite
any other IP it has appointed, and finally it can then approach IPs from other
authorities.
3.11
The Council currently has one IP under its conduct framework. Mr Tweddle has
been approached and has confirmed that he would look to take up any invitation
to attend such Panel if required. A second IP would be required from another
authority, and the Monitoring Officer is liaising with colleagues across Cumbria
on this. It is proposed that Council endorse the invitation on behalf of the Council
to the IP to be considered for appointment to the Human Resources
Committee/Panel and duly appoint David Tweddle as co-opted member only for
dealing with matters relating to the dismissal of relevant officers in accordance
with the statutory procedure, and that further invitations be extended for another
IP from neighbouring authorities in the area to sit on the Panel as required.
3.12
The Regulations allow for an allowance to be paid to any IPs appointed. Under
the standards framework, an allowance of £250 per annum is paid to the IP.
Under the current allowance scheme the IP would be entitled to the co-optees
allowance (currently £36.16) per meeting which would be applied to any Panel
meetings attended under these requirements.
3.13
Members are requested to note the new legislative requirements and agree
proposals to take them forward.
4.0
RESEARCH AND CONSULTATION
4.1
Not applicable.
5.0
PROPOSAL
5.1
Appendix 1 sets out details of new legislation requiring changes to the Council’s
standing Orders. The recommendations seek changes to the Human Resources
Committee/Sub-Committee delegations (detailed in Appendix 2) to give effect to
the requirements, and confirmation of the Solicitor to the Council as being the
Proper Officer for the purposes of the Officer Employment Rules.
6.0
ALTERNATIVE OPTIONS
6.1
Changes are required to standing orders following implementation of the Local
Authorities (Standing Orders) (England) (Amendment) Regulations 2015 which
came into force on 11 May 2015.
7.0
NEXT STEPS
7.1
Once approved, amendments will be made to the Constitution and the changes
will take immediate effect.
8.0
IMPLICATIONS
8.1
Financial and Resources
8.1.1 There are no additional financial or resource implications at this stage.
8.2
Human Resources
8.2.1 Not applicable.
8.3
Legal
8.3.1 The report has regard to the relevant legislative and constitutional requirements.
8.4
Social, Economic and Environmental Impact
8.4.1 Has a sustainability impact assessment been carried out? No – this report deals
with constitutional issues.
9.0
RISK ASSESSMENT
Risk
Consequence
Controls required
That the Constitution of Challenge to decision Ensure review and make
the Council is not up to making process
any necessary legislative
date
Failure to comply with changes
relevant legislation
10.0
EQUALITY AND DIVERSITY
10.1
An equality and diversity impact assessment has not been carried out on this
report but equality is considered as part of any of our procedures and will be
considered as relevant at committees, etc.
11.0
LINKS TO THE COUNCIL PLAN AND PERFORMANCE INDICATORS
11.1
Not directly but the governance arrangements underpin the Council’s decision
making processes.
12.0
CONCLUSION AND EXPECTED OUTCOMES
12.1
As set out in paragraph 3.3 above, this report seeks approval to introduce new
arrangements for dealing with disciplinary cases involving the Council’s three
statutory officers – the Head of Paid Service, Monitoring Officer and Chief
Finance Officer.
Appendix No.
1
Revised Officer Employment Procedure Rules
2
Revised delegation
committee
to
Human
Resources
Committee/sub-
CONTACT OFFICERS
Debbie Storr, Director of
[email protected]
Policy
and
Resources
(Monitoring
Officer),
BACKGROUND DOCUMENTS AVAILABLE
Constitution
Local Government and Housing Act 1989 and relevant Regulations
Localism Act 2011
The Local Authorities (Standing Orders)(England)(Amendment) Regulations 2015
TRACKING
Assistant
Director
Portfolio
Holder
Ward
Member(s)
Solicitor
to SMT
the Council
N/A
N/A
N/A
15.4.15
23.4.15
Scrutiny
Committee
Executive
(Cabinet)
Committee
Council
Section
Officer
N/A
N/A
N/A
20.5.15
N/A
Monitoring
Officer
Human
Resources
Manager
Group
Leaders
author
N/A
16.4.15
151