Minutes of a meeting held on 20th December, 2016.
Present: Councillor Mrs. A.J. Moore (Chairman); Councillor F.T. Johnson (Vice-Chairman); Councillors J.C. Bird, H.C. Hamilton, N.P. Hodges, A.P. Riley and R.L. Traherne.
653 DECLARATIONS OF INTEREST –
No declarations were received.
654 PROCEDURE FOR THE CONDUCT OF A DISCIPLINARY, CAPABILITY ISSUE BY THE COUNCIL OR A COMMITTEE THEREOF AS APPLICATION TO CHIEF OFFICERS –
RESOLVED – T H A T the above Procedure be noted.
655 EXCLUSION OF PRESS AND PUBLIC –
RESOLVED – T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.
656 MATTERS RELATED TO M – (EXEMPT INFORMATION – PARAGRAPHS 12, 13 AND 14) –
The Chief Officer subject to the proceedings had been in the employment of the Council since 2012 and employed in the role described within the Head of Service’s report since mid-2014.
The Head of Service apprised the Committee of the responsibilities of the role undertaken by the employee operationally and strategically and also referred to the environment the role operated within due to service requirements. The Committee noted that the service was a statutory function of the Council with daily requirements to respond to the varying demands of service recipients. The role also contained a contractual requirement to work unsociable hours. The Head of Service indicated that the absence of the employee had reduced the management oversight available and compromised the Service’s ability to deliver on its statutory responsibilities and identified priorities.
The Head of Service’s attention then turned to the specifics of the matter under consideration which related to the sickness absence of the Chief Officer which had commenced in June 2016 and had subsequently been managed under the Council’s Management of Attendance Policy. The Head of Service also alluded to discussions held with the Chief Officer as part of managing the officer’s future return to the work place under the above Policy, details of which were set out in her report for consideration by the Committee.
The Committee noted that as part of the Head of Service’s report, that the Chief Officer had returned to work for two weeks during August 2016, but, had subsequently commenced a further period of sick leave and had not returned to work since that time due to medical complications as a result of treating the medical condition.
Appended to the report were details of communications between the Head of Service and the Chief Officer, Return to Work forms and Occupational Health reports.
In addition to giving consideration to the Head of Service’s report, the Committee also gave consideration to the latest Occupational Health report dated 12th December, 2016 and correspondence received from the Chief Officer dated 13th December, 2016, which had been sent to the Committee as supplementary information given that both had been received after the formal despatch of the agenda to the Committee.
The Committee had particular regard to the submission made by the Chief Officer, which sought the Council’s agreement to a consensual termination of employment on the grounds of capability due to ill health.
In considering the individual circumstances of the case and having taken account of their role, the Service area’s financial position, current medical position of the Chief Officer with no likely return date, the Committee was of the view that a termination was appropriate.
(1) T H A T the Chief Officer’s contract of employment with the Council be terminated with immediate effect subject to payment of three months’ notice, paid in lieu of notice, together with any other outstanding contractual entitlements. This decision reflected the Chief Officer’s representations set out in their letter of 13th December, 2016.
(2) T H A T the Head of Human Resources be requested to stress that the Committee’s decision had been reached reluctantly in light of the circumstances, based on the submission made by the Head of Service and medical information, together with the Chief Officer’s submission.
(3) T H A T the Committee noted from the information provided the Chief Officer’s good service to the Council.