Agenda and minutes

Apologies for absence were submitted on behalf of Cllrs Roger Lawrence, Stephen Simkins, Paul Singh and Wendy Thompson.

Kevin O’Keefe, Director of Governance declared a personal interest in agenda item 5.

[For approval]

Resolved:

            That the minutes of the meeting held on 18 May 2015 be approved as a correct record and signed by the Chair.

[To consider any matters arising from the minutes of the previous meeting]

There were no matters arising from the minutes of the previous meeting.

[To propose changes to the Constitution in order to comply with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015]

Cllr Andrew Johnson presented the report on proposed changes to the Constitution in order to comply with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.  The Regulations enacted changes to the statutory dismissal procedures for heads of paid service, monitoring officers and section 151 officers.

Resolved:

1.    That Full Council be recommended to make the following changes to the Constitution in order to comply with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015:

(a)       That the following definition be included:

“Protected Officers: The Protected Officers are the Head of Paid Service, the Monitoring Officer and the s.151 Officer”

(b)       Article Four, The Full Council, section J be amended as follows:

“Confirming the appointment of the Head of Paid Service, Strategic Directors (as defined by the Local Government and Housing Act 1989), the Monitoring Officer and the s.151 Officer.”

“By way of a vote confirming the dismissal of the Head of Paid Service, the Monitoring Officer and the s.151 Officer after taking into account:

·                any advice, views or recommendations of a Special Committee constituted for this purpose under 29.9 of the Employee Employment Procedure Rules (including the two independent members from the Standards Committee)

·                the conclusions of any investigation into the proposed dismissal

·                any representations from the protected officer concerned”

“Confirming the dismissal of the Strategic Directors (as defined by the Local Government and Housing Act 1989).”

(c)       Employment Procedure Rules 29.5 5.4 be amended as follows:

“Any Special Appointment Committee will follow the procedure required by the Local Authorities (Standing Orders) (England) Regulations 2001 (“the Regulations”) as amended by The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.”

(d)       Employee Employment Procedure Rules 29.9, 9.1 be amended to include the Monitoring Officer and s.151 Officer.

(e)       Employee Employment Procedure Rules 29.5 be amended to include the following:

“Any Special Committee established for the purposes of the dismissal of the Head of Paid Service, the Monitoring Officer or the s.151 Officer will include the two independent members of the Standards Committee and will follow the procedure required by the Local Authorities (Standing Orders) (England) Regulations 2001 (“the Regulations”) as amended by The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.”

2.    That it be noted that upon agreement by Full Council the officers affected by these changes would be formally notified by HR.