Investigation
Where an allegation is made relating to the conduct of a chief officer or there is some other substantial issue that requires investigation that matter will be dealt with initially by the chief executive or appropriate nominee. The chief executive shall be supported throughout the process by the head of HR.
The chief executive will inform the chief officer in writing of the allegations or other issues under investigation.
The chief executive can dismiss the allegation without a formal investigation in some cases with minimal investigation. However, this procedure aims to deal with situations where the matter is not so easily dismissed.
They will inform the statutory officer in writing of the allegations or other issues.
The chief executive, with advice from the head of HR and monitoring officer, will decide whether:
- the issue requires no further formal action under this procedure
- to appoint an investigator which may be from outside of the council
The chief executive shall:
- determine the terms of appointment of the investigator
- agree any remuneration (if appropriate)
- provide facilities
- provide all available information regarding allegations or other issues under investigation as are necessary
This will enable the investigator to fulfil their role.
The chief officer will be informed that an investigator has been appointed.
The investigator is entitled to interview witnesses and carry out enquiries. This may include examining:
- internet
- other IT systems
- the accounts of the chief officer
The chief officer must:
- fully co-operate will the investigator
- make themselves available for interviews and meetings
- provide any relevant documentation or information to the investigator
We will give the chief officer reasonable facilities and access:
- to the council's premises
- to our systems
- to personal files and diary
This will allow the officer to prepare their responses on the terms agreed by the investigator.
The amount of time spent on the investigation will depend on the case. The investigator may delegate some of the investigation work to an assistant. The chief executive must agree to this and inform the chief officer.
The investigator will prepare an investigation report stating, in their opinion:
- to what extent, the evidence supports any allegation of misconduct
- or, the evidence supports a need for action for some other substantial reason
The chief executive will send a copy of the final report of the investigation to the chief officer. They will do this within seven working days of receipt of the final report.
It shall be accompanied by a written indication if any further action is to be taken. If further action is to be taken it will confirm the specific allegations to be considered by the appointments disciplinary sub-committee at a disciplinary hearing and any supporting documentation.
Where action short of dismissal is recommended, the chief executive will decide the appropriate action. This may, however, be a decision to proceed with a disciplinary hearing.
The chief officer will have the opportunity to state their case before the appointments disciplinary sub-committee. This is via a disciplinary hearing.
The chief executive will give the chief officer at least 10 working days' written notice of the date of the disciplinary hearing. The notice will include:
- the time and place of the hearing
- who will be in attendance at the hearing including the members of the disciplinary sub-committee
- confirmation that the statutory officer may be accompanied by:
- a work colleague
- recognised trade union officer
- or, recognised trade union officer representative
- a copy of this procedure
Within two working days of receipt of notice of the disciplinary hearing, the chief officer will agree on the date for the hearing. If not, they must propose a postponement for no longer than 10 working days setting out the reasons for the request.
An independent advisor will advise the disciplinary sub-committee at the hearing. This may be the head of HR or a representative from legal services.