Statutory officers' disciplinary policy

Policy overview

This policy applies to these statutory officer roles: 

  • head of paid service 
  • monitoring officer  
  • section 151 officer 

We seek to ensure lawful, fair and effective arrangements for dealing with statutory officers' conduct and disciplinary issues.   

This procedure provides a framework for: 

  • making those officers aware of unacceptable conduct  
  • for dealing with any such issues  

We comply with relevant statutes, including our constitution. We have based the procedure on the following models: 

  • JNC Conditions of Service for Local Authority Chief Executives (October 2016 version)  
  • JNC Conditions of Service for Chief Officers (November 2008 version) 

We also refer to The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015. 

The procedure provides for disciplinary arrangements as defined in article 9 of our constitution for: 

  • head of paid service  
  • monitoring officer 
  • section 151 officer  

Should the monitoring officer be investigated, the deputy monitoring officer will be involved with this process in their place. 

Objectives  

The objectives of this policy are to ensure that: 

  • we meet all relevant legal requirements regarding any disciplinary decisions taken in relation to statutory officers
  • we treat statutory officers in a fair and consistent manner  
  • the chief executive and other relevant managers are supported to ensure statutory officers meet high standards of conduct 
  • we, along with our employees, clients, the public and recipients of our services are protected from the consequences of misconduct

Principles 

At all stages in this procedure, we will ensure that the statutory officer is: 

  • informed of the nature of the issue of concern or case against them 
  • given a chance to explain before we make any decision 
  • given the right to be represented by a work colleague or a recognised trade union representative at any formal meeting or hearing  
  • given reasonable notice of any formal meeting or hearing  
  • notified of the outcome of any formal meeting or hearing in writing
  • given a right of appeal against formal disciplinary action 
  • confident that we will comply with the obligations to disabled employees under the Equality Act in terms of reasonable adjustments 
  • treated with dignity and respect at all times 
  • recognised to be in a situation of potential stress or anxiety and treated accordingly 
  • not judged "guilty" in advance of the conclusion of the process 
  • confident of confidentiality of communication with limited access to others
  • confident the process will be carried out quickly and without undue delay