1. Introduction
(a) Rules relating to the appointment, discipline and dismissal of staff are contained within legislation which must be complied with. In particular rules relating to the appointment, discipline and dismissal of the head of paid service, chief officers and deputy chief officers are contained within The Local Authorities (Standing Orders) (England) Regulations 2001.
(b) Although elected Members of the District Council are in the position of employer in relation to all the staff of the District Council, it is the senior staff of the Council who are responsible for the day-today line management control, appointment, development and disciplinary arrangements for staff.
2. Councillor's Role in Staffing Matters
(a) Councillors should conduct their business with the Council and any of its employees in a way which enhances good relationships between Councillors, the managers employed by the Council and the employees generally. The Council has established sound personnel functions and effective machinery to facilitate good relationships with its employees and with those trade unions which are recognised as the employees' representatives.
(b) Councillors should ensure that they only get involved in staffing matters within the established arrangements and procedures. If Councillors are:
i) concerned about the conduct of an employee or group of employees;
ii) concerned about the working arrangements of an employee or group of employees;
iii) approached by an employee, even as one of their constituents, regarding any matter affecting employment or working conditions; or
iv) approached by a trade union official on behalf of a trade union or an individual employee
they should make no comment or commitment and refer the matter in writing or by discussion to the Director or Head of Service who is responsible for the day-to-day management of the service which the employee is employed.
(c) It is then the Director's or Head of Service's responsibility, in consultation with other professional advisers as appropriate, to investigate and resolve matters.
(d) In all cases Councillors must ensure that they take no action and should make it clear to those staff or others who approached them that the matter will be referred to the appropriate Director for resolution in accordance with the Council's normal procedures. Likewise staff should not raise any employment matters with Councillors or seek to lobby Councillors on matters such as staff appointments, gradings or promotion.
(e) Mutual respect between Councillors and Officers is essential to good local government. Close personal familiarity between individual Councillors and Officers can damage this relationship and prove embarrassing to other Councillors and Officers.
3. Recruitment and appointment
(a) Declarations
i) The Council will require any candidate for appointment as an officer to state in writing whether they are the parent, grandparent, partner, child, stepchild, adopted child, grandchild, brother, sister, uncle, aunt, nephew or niece of an existing councillor or officer of the Council; or of the partner of such persons
ii) No candidate so related to a councillor or an officer will be appointed without the authority of the relevant Head of Service or an officer nominated by him/her.
iii) Where such a relationship exists the Member of the Council or the officer concerned shall not take part in the consideration, or discussion of, or vote on, any question with respect to the appointment.
(b) Seeking support for appointment.
i) Subject to paragraph (iii), the Council will disqualify any applicant who directly or indirectly seeks the support of any councillor for any appointment with the Council. The content of this paragraph will be included in any recruitment information.
ii) Subject to paragraph (iii), no councillor will seek support for any person for any appointment with the Council.
iii) Nothing in paragraphs (i) and (ii) above will preclude a councillor from giving a written reference for a candidate for submission with an application for appointment.
4. Recruitment of Head of Paid Service and Directors and Heads of Service
Where the Council proposes to appoint a Head of Paid Service, Directors or Heads of Service and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will:
(a) draw up a statement specifying:
i) the duties of the officer concerned; and
ii) any qualifications or qualities to be sought in the person to be appointed;
(b) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it; and
(c) make arrangements for a copy of the statement mentioned in paragraph (a) to be sent to any person on request.
5. Appointment of Head of Paid Service
(a) The full Council will approve the appointment of the head of paid service following the recommendation of such an appointment by the Appointments and Disciplinary Panel of the Council. That Panel must include at least one member of the Cabinet.
(b) The full Council may only make or approve the appointment of the head of paid service where no well-founded objection has been made by any member of the Cabinet.
6. Appointment of Directors and Heads of Service
(a) The Appointments and Disciplinary Panel of the Council will appoint Directors and Heads of Service. The Panel must include at least one member of the Cabinet.
(b) An offer of employment as a Director or Head of Service shall only be made after notice of the proposed appointment has been circulated to all members of the Cabinet and where no well-founded objection from any member of the Cabinet has been received.
7. Other appointments
(a) Officers below Heads of Service. Appointment of officers below heads of service is the responsibility of the head of paid service or his/her nominee, and may not be made by councillors.
(b) Assistants to political groups. Appointment of an assistant to a political group shall be made in accordance with the wishes of that political group.
8. Disciplinary action
(a) Suspension. The head of paid service, monitoring officer and chief finance officer may be suspended whilst an investigation takes place into alleged misconduct. That suspension will be on full pay and last no longer than two months.
(b) Independent person. No other disciplinary action may be taken in respect of any of those officers except in accordance with a recommendation in a report made by a designated independent person.
(c) Councillors will not be involved in the disciplinary action against any officer below heads of service except where such involvement is necessary for any investigation or inquiry into alleged misconduct, though the Council's disciplinary and related procedures, as adopted from time to time may allow a right of appeal to members in respect of disciplinary action.
9. Dismissal
Councillors will not be involved in the dismissal of any officer below heads of service except where such involvement is necessary for any investigation or inquiry into alleged misconduct, though the Council's disciplinary and related procedures, as adopted from time to time may allow a right of appeal to members sitting as the Appeals Panel in respect of dismissals on the grounds of redundancy or early retirement.
The Appointments and Disciplinary Panel will be responsible for taking disciplinary action, including dismissal where appropriate, against Heads of Service and Directors (with the exception of the Chief Executive, Monitoring Officer and Section 151 Officer).
Heads of Service and Directors (with the exception of the Chief Executive, Monitoring Officer and Section 151 Officer) shall have a right of appeal against such action to the Appeals Panel.
