Special Members Panel
A proposal for a dismissal of
an appropriate officer (specified in Part 15 - Officer Employment
Procedures/Arrangements, in the Constitution) will be determined by
the Council on the recommendation of a Special Members Panel. This
will be a Panel of 6 Members appointed by the Leader of the Council
(or their nominated representative) and comprising:
(a) The Leader of the Council
(or their nominated representative);
(b) The Leader of the largest
opposition group (or their nominated representative);
(c) 4 other Members of the
Council selected by the Leader of the Council in consultation with
the other Group Leaders and in accordance with the rules of
political proportionality.
Any question of dismissal on
the grounds of redundancy (including voluntary), permanent
ill-health or infirmity of mind or body in relation to a Chief
Officer shall be determined by the Special Members Panel appointed
as specified above with the exception detailed in below.
The exception is where a
proposed financial settlement for an officer leaving the Council
exceeds £100,000. In these circumstances only Full Council
can agree the financial settlement, after consideration by the
Special Members Panel.
Any question of disciplinary
action in relation to a Chief Officer or the Monitoring Officer
shall be determined by the Special Members Panel.
The Special Members Panel, when
a proposal is made to dismiss one of these statutory post-holders,
shall decide whether there is any justification to the proposal and
therefore whether it needs to be investigated. If the decision is
that an investigation is necessary the Panel will appoint an
investigator. If the investigation confirms a potential dismissal,
the Panel will refer the matter to the IP Panel for consideration
and report to Council. If the investigation recommends disciplinary
action then the Special Members Panel shall consider and decide
whether disciplinary action is justified and if so agree any action
to be taken.
An Officer who is subject to
possible dismissal or other disciplinary action has the right to be
informed as to the basis of any action which may be taken and to
appear before the relevant Panel prior to a decision being made or
before a recommendation is made to Council.
The Officer concerned also has
the right to appear before and address the Council before a
dismissal is confirmed. The Panels and the Council will be advised
by the Monitoring Officer and the Service Director-Workforce. If
either of these officers is the subject of the Panel’s
report, the Chief Executive will make alternative arrangements for
the provision of advice to the Council in place of that
Officer.
Further details of the Special
Members Panel can be found in Part 15 of the Council’s
Constitution, using the weblink below.
Part I5 - Officer Employment Procedure Rules
(somerset.gov.uk)
