It was moved by Councillor Lusty, seconded by Councillor Garland, that the recommendation of the Employment and Development Panel relating to the proposed amendment of the Constitution to reflect changes arising from the revision of the Council’s Grievance, Capability and Disciplinary Procedures be approved.

Councillor Mrs Hinder, the Vice-Chairman of the Standards Committee, advised the Council that the Standards Committee had, in accordance with Article 15.02(a) of the Constitution, evaluated the proposed changes to the Constitution and considered that the wording of the paragraph it was proposed to add to the terms of reference of the Chief Executive as set out in paragraph (b) of the recommendation should be amended to correct a grammatical error and to reflect the level of appeal and that a further paragraph (c) should be added to the recommendation to cover situations where the Chief Executive had taken the decision to dismiss or where the grievance was against the Chief Executive.  The Standards Committee believed that the implementation of these changes would help to ensure that the aims and principles of the Constitution were given full effect by facilitating more efficient and effective decision making.

AMENDMENT moved by Councillor Mrs Hinder, seconded by Councillor Marchant, that paragraph (b) of the recommendation of the Employment and Development Panel be amended and a further paragraph (c) be added to the recommendation as follows:-

(b)  The addition of the following paragraph to the terms of reference of the Chief Executive:-

“To hear and determine appeals, in consultation with the Leader of the Council and the Leader of the Opposition (or their nominated representatives) who will attend the appeal hearing, under the Grievance, Capability or Disciplinary (Level 4) Procedures for all categories of employees except those staff on JNC Conditions of Service for Chief Officers of Local Authorities.”

(c)  The addition of the following to the functions of the Employment and Development Panel as set out in Part 3 of the Constitution:-

With the agreement of the mover and the seconder and the remainder of

the Council, these amendments were incorporated into the original motion.

AMENDMENT moved by Councillor Lusty, seconded by Councillor Garland, that paragraph f) that it is proposed to add to the functions of the Employment and Development Panel be amended as follows:-

f) To hear and determine appeals against decisions taken by the Chief Executive under the Discipline or Capability Procedures or to hear grievances raised against the Chief Executive under the Grievance Procedures.

AMENDMENT CARRIED

The substantive motion was then put to the vote.

SUBSTANTIVE MOTION CARRIED

RESOLVED: That the Constitution be amended as follows to reflect changes in the role of the Appeals Committee/Employment and Development Panel and the Chief Executive following the revision of the Council’s Grievance, Capability and Disciplinary Procedures:- 

(a)  The deletion of paragraph (a) of the functions of the Appeals Committee as set out in Part 3 of the Constitution.

(b)  The addition of the following paragraph to the terms of reference of the Chief Executive:-

“To hear and determine appeals, in consultation with the Leader of the Council and the Leader of the Opposition (or their nominated representatives) who will attend the appeal hearing, under the Grievance, Capability or Disciplinary (Level 4) Procedures for all categories of employees except those staff on JNC Conditions of Service for Chief Officers of Local Authorities.”

(c)  The addition of the following to the functions of the Employment and Development Panel as set out in Part 3 of the Constitution:-