2013-03-27 Constitution PART 8.pdf - Suffolk County Council

PART 8Officer Employment RulesSCC Constitution\Suffolk County Council\Constitution PART 8 14 March 2013

Officer Employment Rules1. The Council will engage persons for the following posts who will bedesignated Directors:-PostChief Executive(and Head of PaidService)Head of Strategic FinanceDirector of Economy,Skills and EnvironmentDirector for Children andYoung PeopleDirector for Adult andCommunity ServicesDirector of PublicProtectionDirector of Public HealthFunctions and areas of responsibilityOverall corporate management and operationalresponsibility (including overall managementresponsibility for all officers).Provision of professional advice to all parties in thedecision making processTogether with the Monitoring Officer, responsibilityfor a system of record keeping for all the Council’sdecisionsRepresenting the Council on partnership andexternal bodies (as required by statute or theCouncil)Finance, property, procurement, scrutiny &monitoring, communications, HR, Public Access andICTHighways and Transport, Archaeology, EconomicDevelopment, Environment Strategy, Countryside,Development, Spatial Planning, Waste Managementand Skills, Business DevelopmentEducation, social services and health for childrenand young peopleHealth and social care services for adults and olderpeopleFire and public protection, including tradingstandardsProtection and improvement to public health2. The following posts are designated as shown:-Chief ExecutivePostDesignationHead of Paid ServiceAssistant Director, Scrutiny and MonitoringHead of Strategic FinanceHead of Democratic ServicesMonitoring OfficerChief Finance OfficerScrutiny OfficerSCC Constitution\Suffolk County Council\Constitution PART 8 14 March 2013 2

3. Functions of Head of Paid Service(a)(b)Discharge of functions by the Council. The Head of PaidService will report to Council on the manner in which thedischarge of the Council’s functions is co-ordinated, thenumber and grade of officers required for the discharge offunctions and the organisation of officers.Restrictions on functions. The Head of Paid Service maynot be the Monitoring Officer but may hold the post of ChiefFinance Officer if a qualified accountant.4. Functions of Monitoring Officer.(a)(b)(c)(d)(e)(f)Maintaining the Constitution. The Monitoring Officer willmaintain an up-to-date version of the Constitution and willensure that it is widely available for consultation by members,staff and the public.Ensuring lawfulness and fairness of decision making.After consulting with the Head of Paid Service and Head ofStrategic Finance, the Monitoring Officer will report to theCouncil in respect of a Council function or to the Cabinet inrelation to an executive function if he or she considers that anyproposal, decision or omission would give rise to unlawfulnessor if any decision or omission has given, or will give, rise tomaladministration. Such a report will have the effect ofstopping the proposal or decision being implemented until thereport has been considered.Supporting the Audit Committee. The Monitoring Officer willcontribute to the promotion and maintenance of high standardsof conduct by members and officers through provision ofsupport to the Audit Committee.Receiving complaints. The Monitoring Officer will receiveand act on complaints received regarding the conduct ofcouncillors, in accordance with the Council’s agreedarrangements.Proper officer for access to information. The MonitoringOfficer will ensure that executive decisions, together with thereasons for those decisions and relevant officer reports andbackground papers are made publicly available as soon aspossible.Providing advice. The Monitoring Officer will provide adviceon the scope of powers and authority to take decisions,maladministration, financial impropriety and probity to allmembers.SCC Constitution\Suffolk County Council\Constitution PART 8 14 March 2013 3

(g)Restrictions on posts. The Monitoring Officer cannot be theChief Finance Officer or the Head of Paid Service.5. Functions of the Chief Finance Officer.(a)(b)(c)(d)(e)(f)Ensuring lawfulness and financial prudence of decisionmaking. After consulting with the Head of Paid Service andthe Monitoring Officer, the Chief Finance Officer will report tothe Council or to the Cabinet in relation to an executivefunction and the Council’s external auditor if he or sheconsiders that any proposal, decision or course of action willinvolve incurring unlawful expenditure, or is unlawful and islikely to cause a loss or deficiency or if the Council is about toenter an item of account unlawfully.Administration of financial affairs. The Chief FinanceOfficer will have responsibility for the administration of thefinancial affairs of the Council.Advising whether executive decisions are within thebudget and policy framework. The Chief Finance Officerwill advise whether executive decisions are in accordance withthe strategic and budgetary framework.Contributing to corporate management. The Chief FinanceOfficer will contribute to the corporate management of theCouncil, in particular through the provision of professionalfinancial advice.Providing advice. The Chief Finance Officer will provideadvice on the scope of powers and authority to take decisions,maladministration, financial impropriety, probity and strategicand budgetary framework to all members and will support andadvise members and officers in their respective roles.Give financial information. The Chief Finance Officer willprovide financial information to the media, members of thepublic and the community.6. Officers will comply with the Officers’ Code of Conduct and the Protocol onMember/Officer Relations set out in Part 6.7. Rules Governing Recruitment, Appointment, Dismissal and DisciplinaryAction for officers of the authorityThe County Council’s HR policies and procedures supplement the variousNational Joint Councils in relation to chief officers, local government servicesand related staff, and Youth and Community workers.SCC Constitution\Suffolk County Council\Constitution PART 8 14 March 2013 4

It should be noted that the County Council’s HR policies and procedures may notautomatically apply to direct employees in schools, where Governing Bodies canexercise certain independent powers of action.In addition the arrangements set out in the County Council’s HR policies andprocedures, the following policies and procedures are relevant here:7.1 Conduct and DismissalThe County Council’s Capability and Disciplinary Policies apply to allemployees of the County Council with the exception of officers on JNC ChiefOfficer conditions of service and JNC for Youth and Community workerswho are covered by separate arrangements.For all teaching and non-teaching employees in locally managed schoolssimilar arrangements are recommended to the Governing Bodies foradoption.By virtue of partnership arrangements and some TUPE transfers, someemployees of the County Council may be aligned to different disciplinaryprocedures. These must be consistent with statutory dismissal proceduresand ACAS guidance and broadly consistent with the County Council’s ownprocedures.Dismissals by reason of permanent ill health and redundancy or prematureretirement follow different procedures which are approved by the Counciland published on COLIN.7.2 DismissalThere are a number of reasons by which employees of the County Councilmay be fairly dismissed.Arrangements for dismissal for disciplinary reasons, including grossmisconduct, are set out the various disciplinary procedures (see above).Arrangements for dismissal as a result of (in)capability are set out in theCounty Council’s Disciplinary, Incapability, and Grievance Procedures.Alternative arrangements exist for those groups excluded from theseprocedures. In particular, the JNC for Chief Officers of Local Authoritiesscheme of conditions of service makes specific reference to mattersinvolving capability.The County Council’s Employee Relations arrangements include informationabout dismissal as a result of permanent ill health. Additional informationabout these arrangements is available from the HR Helpdesk.The County Council’s Human Resources Policies sets out those procedureswhich will apply in the event of redundancy or premature retirement. Thispolicy may be found on COLIN.SCC Constitution\Suffolk County Council\Constitution PART 8 14 March 2013 5

8. Designated Officers under Local Authorities (Standing Orders)(England) Regulations 2001 (‘the Regulations’)For the purposes of Article 12.4 of Part 1 of this Constitution and theremainder of these Rules the following are designated officers (as defined bythe Regulations)Chief Executive;Director for Children and Young People’s Services;Director for Adult and Community Services;Director of Public Health; andHead of Strategic Finance (Section 151 Finance Officer)(Statutory Chief Officers)Director of Economy, Skills and Environment;Director of Public Protection;(Non statutory Chief Officers)All other posts answerable directly to statutory and non statutory ChiefOfficers (Deputy Chief Officers)9. Appointment and dismissal of Chief ExecutiveThe appointment or dismissal of the Chief Executive will be subject to theapproval by full Council.10. Appointment and dismissal of designated officers10.1 The Staff Appointments Committee in respect of appointments, andthe Dismissals Appeals Committee in respect of dismissals, of anydesignated officer shall comply with the following:-(a) Before confirming the appointment or dismissal of such anofficer notice of the person concerned together with details willbe referred to the Head of Strategic HR.(b) The Head of Strategic Human Resources will notify eachmember of the Cabinet of the person concerned.(c) The Leader will notify the Head of Strategic HR if the Cabinethas any objection to the appointment or dismissal and thegrounds for the objection.10.2 The appointment or dismissal will not take place if an objection ismade unless the objection is not material or well founded.10.3 The appointment or dismissal of the Director of Public Health must beagreed with the Secretary of State for Health.SCC Constitution\Suffolk County Council\Constitution PART 8 14 March 2013 6

11. Disciplinary action for conduct, capability and breakdown in trustagainst the Chief Executive, Head of Strategic Finance, AssistantDirector (Scrutiny and Monitoring) and a Deputy Monitoring Officer11.1 Before taking any disciplinary action against these officers other thansuspension on full pay for a period not exceeding two months, theallegation of misconduct, capability or breakdown in trust will beconsidered by the Dismissals Appeals Committee to determinewhether further investigation is required through the appointment of adesignated independent person.11.2 The County Council will comply with the rights and powers of thedesignated independent person throughout any investigation.11.3 The report of the designated independent person will be made to theDismissals Appeals Committee.11.4 The right of appeal shall be allowed to the Individual CasesCommittee. In the case of the Chief Executive the Individual CasesCommittee will report its recommendations to full Council.11.5 Otherwise the procedure shall be as required by the Regulations.SCC Constitution\Suffolk County Council\Constitution PART 8 14 March 2013 7