To consider proposed amendments to the Constitution as a result of the Council’s previous decision to form a Strategic Alliance with Boston Borough Council and East Lindsey District Council (report of the Assistant Director for Governance and Monitoring Officer enclosed).
Consideration was given to the report of the Assistant Director for Governance and Monitoring Officer, which asked members to consider proposed amendments to the Constitution as a result of the Council’s previous decision to form a Strategic Alliance with Boston Borough Council and East Lindsey District Council.
Members were advised that within Appendix A, Section 1,under the heading Monitoring Officer and Section 151 Officer the wording ‘approved by Full Council’ should have been inserted. The sentence should read ‘No offer of appointment may be made until approved by Full Council and notice of the proposed appointment………’
That the Appointments and Disciplinary Committee be
renamed the Chief Officer Employment Panel, the terms of reference
be changed to those set out in section one of Appendix A to this
report, but the membership be unchanged;
That the Appointments and Disciplinary Appeals
Committee be renamed the Chief Officer Employment Appeals Panel,
the terms of reference be changed to those set out in section two
of Appendix A to this report, and the size of the Panel be reduced
from four to three members;
c) That an Independent Panel be established as a standing committee of the Council, with the terms of reference set out in section three of Appendix A, and its membership be the Independent Person of this Council appointed under section 27 of the Localism Act 2011 together with the Independent Person appointed by Boston Borough Council and East Lindsey District Council under the same statutory provision;
d) That, in respect of any complaint against a Chief Officer or Deputy Chief Officer which may potentially lead to any action for misconduct, capability, or for some other substantial reason, each statutory officer be authorised to act as an initial ‘filter’ to determine whether such complaint should progress to the Chief Officer Employment Panel or instead be determined through another process, except in any matter that relates to their own conduct;
e) That the Council’s Democratic Services Team, working with the Councillor Development Working Group, ensure that members (and Independent Persons) serving on the Chief Officer Employment Panel, Chief Officer Employment Appeals Panel and Independent Panel receive suitable training;
f) That all Officers employed by South Holland District Council, East Lindsey District Council or Boston Borough Council, who are shared pursuant to the s113 Agreement between those Councils, be granted or re-granted delegated authority to act as officers of South Holland District Council in accordance with the Constitution and the schedule of specific delegations and the Monitoring Officer be authorised to make such amendments to post titles and areas of responsibility set out in those documents as the Monitoring Officer considers appropriate;
g) That the Head of the Paid Service be granted delegated authority to approve temporary short-term arrangements, in consultation with the Leader of the Council, to place staff of this authority at the disposal Boston Borough Council and/or East Lindsey District or to agree the placing of staff of those authorities at the disposal of this authority pending a Full Council decision on permanent arrangements;
h) That, subject to consultation with the Council’s Insurers, an indemnity be provided to officers and members in accordance with (or materially in accordance with) Appendix B to this report; and
i) That the Monitoring Officer be authorised to amend the Constitution accordingly to reflect any of the matters referred to in recommendations 1-8 above.