To receive any declarations of
interest. Members are advised to consider the advice
contained within the Declaration of Interest advice attached to
this Agenda. If a Member declares an interest, they should
complete the Declaration of Interest
Form
Minutes:
There were no declarations of interest made by
Members of the working party.
Mr Tim Howes, Director of Corporate Governance
and Monitoring Officer declared an interest as the subject under
discussion in agenda item 3 as the matter was about employment
conditions for council employees.
One Member requested that Mr Howes recused
himself from the meeting due to the declared interest. Mr Howes
further advised Members that his role in the meeting was to advise
Members as the Monitoring Officer about legal and constitutional
matters before Members could make any recommendations regarding the
adoption of standing orders for council employees.
To approve the Minutes of the
Constitutional Review Working Party meeting held on 24 September
2019, copy attached.
Minutes:
CouncillorPiper proposed, Councillor Stevens seconded and Members agreed the
minutes to be a correct record of the meeting that was held on 24
September 2019.
Dr Sexton, Chairman
of the working party opened the discussion by stating that the
report before Members reflected the state of the situation as at
the 24 September working party meeting. He then invited Mr Tim
Howes, Director of Corporate Governance & Monitoring Officer to
introduce the report. Mr Howes advised Members that the council had
received advice from JNC, which was included in the updated report
and made the following comments:
The flowchart had been amended to remove reference
to the filtering mechanism;
Paragraph 12.2 had been amended to reflect the
advice given by the JNC (this advice was from both the employers
and employees side of the JNC); which is that the filtering process
should be light touch and should not have substantive Member
involvement other than the Chair of the IDC.
Members made
comments and asked questions seeking clarifications on a number of
issues in the officer report. These are detailed below:
Was the title Chairman of Independent Disciplinary
Committee (IDC) interchangeable with Chairman of GPC?
There was little reference in Table 1 and Table 2 to
the decisions made at the meeting on 24 September;
In response to the point raised above, the Chairman
indicated that the substance of the whole discussion had been
embedded in the report;
The suggestions Members were putting forward were
intended to protect the statutory officers;
In other councils, they had the Head of Legal
Services as a receiving officer of cases for filtering, who would
then signpost the issue to an appropriate body for
consideration.
There should be a sub-committee for investigations
and another for presiding over appeals;
It was important to get the membership numbers that
would ensure viable political proportionality on these sub
committees, whilst maintaining a reasonably sized sub-committee
that would not be intimidating to an employee that would come
before it;
In urgent cases, the committee meeting would need to
be convened using council procedures for calling urgent
meetings.
Responding to Member
comments and questions Mr Howes made the following
points:
The title of chairman of IDC and GPC Chairman as
reflected in the report section in question could be used
interchangeably. This was because the GPC Chair would be acting as
the Chairman of IDC;
Most of the discussion that took place on 24
September was captured in the minutes and the reported captured the
essence of that discussion;
The filtering process had been removed from the
process under discussion and the working party had to focus on the
recommendations in the officer report without encroaching onto
human resources functions;
The recommendations were requesting the working
party to consider proposals that would ensure that the council
would fulfil legal requirements for adopting standing orders for
council employees;
Members ought to note that the purpose of the
meeting was to agree standing orders and not to consider employment
contracts;
TDC through its Scheme of Delegations, delegated the
authority to other bodies to carry out the human resources
function;