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Part 4 - Officer Employment Procedure Rules

1. Recruitment and Appointment

1. Declarations

   1. The Council will draw up a statement requiring any candidate for appointment as an officer to state in writing whether they are the parent, grandparent, partner, child, stepchild, adopted child, grandchild, brother, sister, uncle, aunt, nephew or niece of an existing councillor or officer of the Council; or of the partner of such persons.
   2. No candidate so related to a councillor or an officer will be appointed without the authority of the relevant chief officer or an officer nominated by him/her.

2. Seeking support for appointment

   1. Subject to paragraph (iii), the Council will disqualify any applicant who directly or indirectly seeks the support of any councillor for any appointment with the Council. The content of this paragraph will be included in any recruitment information.
   2. Subject to paragraph (iii), no councillor will seek support for any person for any appointment with the Council.
   3. Nothing in paragraph i) and ii) will preclude a councillor from giving a written reference for a candidate for submission with an application for appointment.

2. Recruitment of Head of Paid Service and Directors

Where the Council proposes to appoint a Head of Paid Service or Director and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will:

1. draw up a statement specifying:
   1. the duties of the officer concerned; and
   2. any qualifications or qualities to be sought in the person to be appointed;
2. make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it; and
3. make arrangements for a copy of the statement mentioned in paragraph (a) to be sent to any person on request.

3. Appointment and dismissal of Head of Paid Service

1. A committee/sub-committee of full council will appoint/dismiss of the Head of Paid Service. The Committee/sub-committee must include at least one member of the Cabinet.
2. Before the Committee/sub-committee makes an offer of appointment or issues a notice of dismissal:
   1. the appointment/dismissal must have the approval of Full Council; and
   2. not be contrary to any material or well-founded objection received from the Leader of the Council.

4. Appointment/Dismissal of Directors plus The Section 151 Officer (Chief Financial Officer)

1. A committee or sub-committee of the Council will appoint/dismiss the above officers. That committee or sub-committee must include at least one member of the Cabinet.
2. The committee or sub-committee shall not make an offer of employment or issue notice of dismissal contrary to any material or well-founded objection from the Leader of the Council.

5. Appointment/dismissal of Service Unit Heads and non-administrative staff reporting directly to Policy Directors or the Section 151 Officer when acting in the capacity of the 151 Officer

1. Unless covered by 3 and 4 above the responsibility for the appointment/dismissal of such officers is the responsibility of the head of Paid Services or his/her nominee.
2. The Head of Paid Service or his/her nominee shall not make an offer of employment or issue a notice of dismissal contrary to any material or well-founded objection form the Leader of the Council.

6. Other appointments/dismissals

1. The Head of Paid Service or his/her nominee shall not appoint or dismiss the Monitoring Officer, when acting in such a capacity, contrary to any material or well founded objection from the Leader of the Council.
2. Other Officers: Unless covered by 3, 4 or 5 above the appointment/dismissal of all other officers (other than assistants to political groups) is the responsibility of the Head of Paid Service or his/her nominee, and may not be made by councillors. Councillors will only be involved in the dismissal of any officer (excluding those specified in 3, 4 and 5 above) where their involvement is necessary for any investigation or inquiry into alleged misconduct, However, the Council's disciplinary, capability and related procedures, as adopted from time to time may allow a right of appeal to members in respect of dismissals.
3. Assistants to political groups: Appointment of an assistant to a political group shall be made in accordance with the wishes of that political group.

7. Disciplinary action

1. Dismissal: Full Council must approve the dismissal of the Head of Paid Service before notice of dismissal is issued.
2. Suspension: The Head of Paid Service, Monitoring Officer and Section 151 Officer may be suspended whilst an investigation takes place into alleged misconduct. That suspension will be on full pay and last no longer than two months.
3. Independent person: No other disciplinary action may be taken in respect of any of those officers except in accordance with a recommendation in a report made by a designated independent person.
4. Councillors will not be involved in the disciplinary action against any officer below director except where such involvement is necessary for any investigation or inquiry into alleged misconduct. However the Council's disciplinary, capability and related procedures, as adopted from time to time may allow a right of appeal to members in respect of disciplinary action.

Meaning of Chief Officer and Deputy Chief Officer

Section 2 of the Local Government & Housing Act 1989 defines Chief Officer and Deputy Chief Officer in the following terms:

1. Statutory Chief Officers
   The Directors of Education and Social Services and Section 151 Finance Officer. The only relevant officer for the Council is the Section 151 Officer, currently the Head of Financial Services.
2. Non-Statutory Chief Officers
   Officers who report directly to the Head of Paid Service or the Council or a Committee for all or the majority of their duties but whose duties are not in the nature of secretarial, clerical or support services. The Council has three such officers, namely the Policy Directors.
3. Deputy Chief Officers
   Officers who report directly to a Chief Officer for all or the majority of their duties but whose duties are not in the nature of secretarial, clerical or support services. In the Council these are the Service Unit Heads, and any non-administrative staff who report directly to a Policy Director or the Section 151 Officer.

The Monitoring Officer is not considered a non-statutory Chief Officer although he or she can report directly to the Council as the role is usually only part of the relevant officer's (currently the Head of Legal and Property Services) job.