Report attached.

In connection with this item, an amended list of recommendations was circulated and Members of the Council adjourned for five minutes.

Prior to consideration of this item Surjit Tour, Acting Director of Law, HR and Asset Management and Monitoring Officer indicated that as the report affected his post, he had enlisted the assistance of an alternative Legal Advisor, Frances Woodhead, of Eversheds LLP to advise Council in respect of this item. At this point Surjit Tour and other affected officers left the Council Chamber.

On an amended motion moved by Councillor P. Davies, seconded by Councillor J. Green and endorsed by Councillor T. Harney, it was –

Resolved (unanimously) – That Council

(1)  given the concerns in the Public Interest Report considered at Item 7, concerning the statutory roles of the Chief Executive and Head of Paid Service, Director of Finance and Section 151 officer and Director of Law, HR and Asset Management and Monitoring Officer and the key roles they would need to play in responding on behalf of the Council to the Public Interest Report and the personal and professional difficulties in them continuing in their roles during an investigation, confirms that the three officers named should be suspended whilst investigation is undertaken. It is noted that the Council has taken legal advice on these matters;

(2)  notes the current position set out in the Public Interest report in relation to the three Statutory Chief Officers named below:

Acting Chief Executive (Director of Finance)

Deputy Director of Finance and S151 Officer and

Director of Law, HR and Asset Management

(3)  Notes that all matters arising from the potential action against council officers will be dealt with in strict confidence.

(4)  Agrees that an Investigation and Disciplinary Committee be established in accordance with the Terms of Reference set out in Appendix One of the report and that the Council’s Constitution be amended accordingly; and that these matters be referred to the Committee henceforth.

(5)  Formally commissions a preliminary investigation in accordance with the Terms of Reference set out in Appendix Two of this report.

(6)  Authorises the Head of Human Resources and Organisational Development to appoint Mr Richard Penn to undertake the preliminary investigation, referred to in the Report which shall be considered by the Investigation and Disciplinary Committee.

(7)  Authorises the Acting Director of Law, HR and Asset Management to appoint Eversheds LLP as legal advisers to the Council in relation to all legal issues arising from the PIR and associated actions, including disciplinary action, upon such terms that are considered appropriate and necessary

(8)  Notes that David Armstrong remains as Acting Chief Executive and Head of the Paid Service until the Interim Chief Executive and Head of Paid Service is in post.

(9)  Appoints Kevin Adderley as Deputy Acting Chief Executive and Head of Paid Service in the absence of David Armstrong, Acting Chief Executive and Head of Paid Service.

(10)  Appoints the following Council Officers from 16th July 2012 until the first meeting of Council after the Interim Chief Executive and Head of Paid Service is in post as follows (unless otherwise stated):

(a)  Surjit Tour as Acting Director of Law, HR and Asset Management and Monitoring Officer (noting and recommending that the designated Monitoring Officer designate a Deputy Monitoring Officer as soon as possible);

(b)  Surjit Tour as Returning Officer and Electoral Registration Officer until the Interim Chief Executive and Head of Paid Service is in post;

David Armstrong shall be the Deputy Returning Officer and Deputy Electoral Registration Officer in the absence of Surjit Tour.

(c)  Tom Sault as Acting Director of Finance and Section 151 Officer;

Jenny Spick and Peter Molyneux as Deputy Section 151 Officers in the absence of Tom Sault for such periods as directed by Tom Sault.

(d)  Julia Hassall as Acting Director of Children’s Services until the Interim Chief Executive and Head of Paid Service is in post;

Graham Hodkinson as Deputy Acting Director of Children’s Services in the absence of Julia Hassall; and

(e)  Chris Hyams also as Proper Officer for the purposes of any employment related matters arising out of or in connection with the PIR

(11)  Notes the appointment of Chris McCarthy, as an external Interim Director of Technical Services, under Delegated Authority; and authorises Chris McCarthy to exercise all delegated powers of the Director of Technical Services.

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