To consider Report CFO/009/20 of the Chief Fire Officer, concerning revisions to the Authority’s Statutory Officers Disciplinary Procedure in order to reflect The Local Authority (Standing Order) (England) (Amendment) Regulations 2015 Considerations; and associated changes to the Constitution in order to establish the required procedural governance. The report and amended procedure will also address any outstanding actions from report CFO/042/15 (Appendix A).

Members considered Report CFO/009/20 of the Chief Fire Officer, concerning revisions to the Authority’s Statutory Officers Disciplinary Procedure in order to reflect The Local Authority (Standing Order) (England) (Amendment) Regulations 2015 Considerations; and associated changes to the Constitution in order to establish the required procedural governance.

Members were advised that the report and amended procedure will also address any outstanding actions from report CFO/042/15 (Appendix A).

Members were informed that the Authority had previously approved the adoption of the Local Authority (Standing Orders) Regulations 2015, as detailed within Appendix A. However, since its implementation of the 2015 Regulations, further guidance has been issued along with a national recognised model procedure, which is applicable to statutory posts.

Members were advised that officers have reviewed current processes; and it became apparent that sufficient processes were not in place for the Authority to be compliant with the 2015 Regulations, nor to offer the support and/ or assistance to the relevant officers, should it be required; and this urgently needed to be rectified.

Members were informed that the full detail of the new proposed process, is contained within the draft disciplinary procedures for relevant officers, contained at Appendix C.

Members were also advised that as part of the proposed process, there would be a requirement to have an Investigatory and Disciplinary Committee, referred to as an IDC, which would hear any initial allegations.

It was stated to Members that it is therefore proposed that this function is carried out by the Audit Committee, as detailed within the draft Terms of Reference.

It was highlighted to Members that the draft Terms of Reference include the power to appoint an Independent Investigator, if required, the details of which are contained within the Procedure.

Members were informed that should the matter progress, in accordance with the 2015 Regulations and Procedure, an Independent Panel would need to be created (as identified within Appendix A); and it is recommended that the Independent Panel, if approved, should consist solely of Independent Persons. Members were advised that the recommended number of Independent Persons for such a Panel, is three, although the minimum requirement is two. It was noted that this will allow independent scrutiny, whilst ensuring Member involvement at every other stage.

It was highlighted to Members that the Authority currently has one appointed Independent Member; and authorisation is therefore sought to invite the Independent Person, to serve on the Independent Panel. However, it should be noted that if appointed to the Independent Panel, the Independent Person, as a Co-opted Member of the Audit Committee, would not be able to participate in any meetings of the Audit Committee convened as an IDC, due to a conflict of interest.

Members were also informed that, in order to avoid any undue delay, under the 2015 Regulations, it is permitted to use Independent Persons appointed directly by this Authority, as well as those appointed by other authorities. As such, authorisation is sought for the Monitoring Officer, or their relevant authorised deputy, to write to  ...  view the full minutes text for item 1.