(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act, 1972. It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interests in disclosing the information).
Report to be tabled at the meeting.
Minutes:
The Chair requested Judith Barnes, Solicitor with DAC Beachcroft, present the outcome of her independent review of the process leading up to the decision taken by the former Leader of the Council on 26 April 2013 on the procurement of Fleet Services. The Committee had been presented with a summary of the report for consideration, including the chronology, which Ms Barnes outlined in detail.
The Council's Chief Executive attended from the start of the meeting until 3.15. He asked a number of questions and made representations to the Committee before it made any decision. The Chief Executive left prior to any decisions being made by the Committee.
The Committee discussed the report and following a request from members the Chair agreed an adjournment to allow members to read the full version of the report.
Ms Barnes then took the Committee through the full report highlighting key issues and responding to questions.
Simon Lambert, Employment Solicitor with DAC Beachcroft, provided advice to the Committee on the employment law issues arising from the report.
On considering the report, the discussion and the advice, the Chair of the Committee proposed the following resolution which was seconded:
1. That the Chief Executive's conduct in relation to the procurement process for letting the contract for Fleet Services be the subject of a disciplinary investigation and the matter be referred to the Employment Committee for that purpose,
2. That in order to facilitate the disciplinary investigation the Chief Executive be suspended on full pay with immediate effect,
3. That during the period of suspension the Deputy County Secretary & Solicitor (or in his absence his nominee) act as contact officer,
4. That the Monitoring Officer be requested to identify and agree with the Chief Executive an appropriate Designated Independent Person in accordance with the Local Authorities (Standing Orders) (England) Regulations 2001 (or in default of agreement to refer the matter to the Secretary of State for him to make an appointment),
5. To appoint Jo Turton, Executive Director for the Environment, as Interim Chief Executive and Head of the Paid Service.
An amendment was moved and seconded, as follows:
"That the Committee agree to ask the Council's external Auditor to carry out a full investigation into the process leading up to the decision of the Leader of the Council on 26 April 2013"
Whilst the Chair considered that the amendment did not comply with Standing Orders in that it negated the original proposal the amendment was put to the vote but was lost.
The original motion was then put to the vote, and carried
Resolved:
1. That the Chief Executive's conduct in relation to the procurement process for letting the contract for Fleet Services be the subject of a disciplinary investigation and the matter be referred to the Employment Committee for that purpose,
2. That in order to facilitate the disciplinary investigation the Chief Executive be suspended on full pay with immediate effect,
3. That during the period of suspension the Deputy County Secretary & Solicitor (or in his absence his nominee) act as contact officer,
4. That the Monitoring Officer be requested to identify and agree with the Chief Executive an appropriate Designated Independent Person in accordance with the Local Authorities (Standing Orders) (England) Regulations 2001 (or in default of agreement to refer the matter to the Secretary of State for him to make an appointment),
5. To appoint Jo Turton, Executive Director for the Environment, as Interim Chief Executive and Head of the Paid Service.