Issue - meetings

Consultation on Local Authorities (Standing Orders) (Wales) Regulations 2006 (Amendment) Regulations 2013

Meeting: 24/04/2013 - Constitution Committee (Item 32)

32 Consultation on Local Authorities (Standing Orders) (Wales) Regulations 2006 (Amendment) Regulations 2013 pdf icon PDF 27 KB

To determine the response that should be made to consultation on the above draft regulations.

Additional documents:

Decision:

(a)       That the committee agree that the Head of Democratic Services should be subject to the same disciplinary procedures as the Head of Paid Service, Monitoring Officer and Chief Finance Officer.

 

(b)       That the role of the independent person be retained in the disciplinary process applying to these officer posts.

 

(c)        That all vacancies at Chief Officer level should be subject to public advertisement for transparency and in the public interest. 

           

Minutes:

The Head of Legal Services introduced the consultation on proposed changes in terms and conditions for Head of Democratic Services and the Monitoring Officer under the Local Government (Wales) Measure 2011.

 

            The draft regulations proposed to afford the Head of Democratic Services the same protection as other statutory officers in relation to disciplinary proceedings.  It also proposed to add Heads of Democratic Services and Monitoring Officers to the list of officers whose appointment and dismissal were dealt with by committee rather than by the Head of Paid Service and that all vacancies at   Chief   Officer level being made subject to public advertisement.

 

The Chair drew the attention of the committee to the consultation questions contained within Appendix 1 of the report and invited debate upon them.

           

            Councillor C. Bithell said that he agreed with the proposals around the Head of Democratic Services and the Monitoring Officer.  He also agreed with the proposals to publicly advertise Chief Officer roles as he believed in transparency and openness in such matters.  He said that excellent internal candidates could still succeed in open competition.

           

            In response to a question from Councillor P.J. Heesom, the Head of Legal Services said that Monitoring Officers or the Head of Democratic Services could have differences of opinion with the Head of Paid Service as well as with members.

 

            Councillor N. Steele-Mortimer asked who maintained a list of “independent” members of a disciplinary committee and how they were identified.  The Head of Legal Services advised that in England, the Department of Transport and Local Government maintained a list of panel members and expected that a similar, separate list would be held by the Welsh Government.  The Head of Legal and Democratic Services agreed to find out more about this, and let members know.

 

            Councillor Bithell proposed a resolution that the committee agree to all three of the consultation questions.  On being put to the vote, all three proposals were carried.

 

            RESOLVED:

 

(a)       That the committee agree that the Head of Democratic Services should be subject to the same disciplinary procedures as the Head of Paid Service, Monitoring Officer and Chief Finance Officer;

 

(b)       That the role of the independent person be retained in the disciplinary process applying to these officer posts; and

 

(c)        That all vacancies at Chief Officer level should be subject to public advertisement for transparency and in the public interest.