Archived decisions

Appendix 3
Proposed Amendments to Constitution
Part 3A: Council Standing Orders

41. Appointment, Dismissal and Disciplinary action in respect of

Senior Officers - Paragraphs 41.2, 41.3, and 41.8 -41.11

41.2
Subject to paragraphs 41.3 and 41.7, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the authority must be

discharged, on behalf of the authority, by the officer designated under section 4(1) of

the 1989 Act (designation and reports of head of paid service) as the head of the

authority's paid service or by an officer nominated by him.

41.3
Paragraph 41.2 shall not apply to the appointment or dismissal of, or disciplinary

action against -

a) the officer designated as the head of the authority's paid service;

b) a statutory chief officer within the meaning of section 2(6) of the 1989

Act (politically restricted posts);

c) a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;

d) a deputy chief officer within the meaning of section 2(8) of the 1989 Act; or

e) a person appointed in pursuance of section 9 of the 1989 Act (assistants for political groups).

.......

41.8
Where the Council proposes to appoint any officer referred to in Standing Order 41.3 and it is not proposed that the appointment be made exclusively from among its

existing Officers, it should:

a) draw up a statement specifying:

i) the duties of the Officer concerned

ii) any qualifications or qualities to be sought in the person to be appointed

b) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of people who are qualified to apply for it

c) make arrangements for a copy of the statement mentioned in paragraph (a) to be sent to any person, on request.

41.9

a) Where a post has been advertised as provided by Standing Order 41.8, the

panel referred to in Standing Order 41.11 shall:

i) interview all qualified applicants for the post, or

ii) interview those qualified applicants included on a selected short list

b) where no qualified person has applied, the Council shall make further

arrangements for advertisement in accordance with (1) (b) above.

41.10 Where the Council proposes to appoint any officer referred to in Standing Order 41.3 and it is proposed that the appointee be an existing Officer who is acting into that role, the Head of Paid Service in conjunction with the Director of Human Resources shall provide a report to a panel established under Standing Order 41.11, setting out

i) the duties of the post to which appointment is to be made

ii) any qualifications or qualities to be sought in the person to be appointed, and

iii) the suitability of a particular candidate for such post including the performance of that individual while acting in that role

41.11 Appointments of any officer referred to in Standing Order 41.3 shall be made by a panel of members which shall comprise:

a) the Leader, Deputy Leader or other member of the Executive nominated by the Leader,

b) the executive member responsible for the service (or the Leader's nominee in the case of a chief executive or chief officer of a central service appointment), and




c) the requisite number of other members (to be nominated by relevant political group leaders) to achieve the proportionality required by the provisions of the Local Government and Housing Act 1989.