Agenda item

To receive the report of the Governance Working Group and to consider the recommendations therein.

The Council received a report from the Governance Working Group, which had met on 5 September, 26 September, and 19 November 2019.

The Terms of Reference for all the Standing Committees of the Council had been reviewed in accordance with the Council’s instruction at its meeting on 4 September 2019. A number of amendments were proposed, including renaming the current Hearing Sub Committee, which considered complaints against Members of the Council, as the Standards Sub Committee, and introducing Terms of Reference for the Governance Working Group.

The Council was advised that the Working Group had proposed that an Employment Committee be established and its proposed Terms of Reference were noted. It was also proposed to establish 3 sub committees of the Employment Committee.

The Appointments Sub Committee would undertake the responsibilities currently delegated to the Appointments Committee, which it was proposed to discontinue.

The Hearing Sub Committee and Appeals Sub Committee would hear any grievance and disciplinary matters relating to the Council’s 3 Statutory Officers: the Head of Paid Service, Monitoring Officer and Section 151 Officer. These sub committees’ Terms of Reference also provided for hearing grievance and disciplinary matters relating to other Tier 2 senior officers in certain situations.

Members were informed it was also proposed to establish an Independent Panel. This Panel would meet the requirements set out in the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015. Membership of the Independent Panel would be drawn from the pool of Independent Persons appointed in accordance with the Localism Act 2011.

The Council was advised that, where a recommendation had been made by a Hearing Sub Committee to dismiss a Statutory Officer, an Independent Panel would review the case and make recommendations to Full Council. The consideration of the recommendations by the Full Council would fulfil the appeal function. 

A number of consequential amendments were also proposed to the Constitution. The Officer Employment Rules had been updated to reflect the revised procedures for grievance and disciplinary matters for senior officers. The Committees, Sub Committees and Other Bodies Procedure Rules had been revised to provide for the changes to the Committee structure. Proposed delegations to officers to be included in the Scheme of Delegation of Functions to Officers were also noted.

The Council was informed it was proposed to require all members of the Employment Committee to undertake annual training on HR matters; Article 13 of the Constitution would be updated to reflect this requirement. The list of Proper Officers had been revised in respect of the officer designated to make and receive notifications in relation to the appointment and dismissal of chief officers and deputy chief officers, which reflected the up to date senior management structure.

RESOLVED that

(i)        the Terms of Reference of the Executive, Committees and Other Bodies be amended, including the disestablishment of the Appointments Committee and the formalisation of Terms of Reference for the Working Group, as set out at Annex A to the agenda report;

(ii)      an Employment Committee be established as a Standing Committee of the Council, with Terms of Reference as set out at Annex B to the agenda report;

(iii)     9 members be appointed to the Employment Committee, in line with requirements of political proportionality, with appointments to be made on the nomination of the Group Leaders;

(iv)     an Independent Panel be established, with Terms of Reference as set out at Annex B to the agenda report;

(v)      a Hearing Sub Committee be established, with Terms of Reference as set out at Annex B to the agenda report;

(vi)     an Appeals Sub Committee be established, with Terms of Reference as set out at Annex B to the agenda report;

(vii)   an Appointments Sub Committee be established, with Terms of Reference as set out at Annex B to the agenda report;

(viii)  Part 4, Section J of the Constitution be updated as set out at Annex C to the agenda report;

(ix)     the Scheme of Delegation of Functions to Officers be updated as set out at Annex D to the agenda report;

(x)      Part 4, Section D of the Constitution be updated, as set out at Annex E to the agenda report; and

(xi)     Article 13 of the Constitution be updated as follows:

13.9  Mandatory Training

(xii)   Part 3, Section C of the Constitution be updated as follows:;