Agenda item

The Monitoring Officer introduced a report setting out proposed amendments to the Constitution as a result of the Council’s previous decision to form a strategic alliance with South Holland District Council and East Lindsey District Council.

The report stated that at the meeting of the Council on 2 August 2021, the business case for entry into the South and East Lincolnshire Councils Partnership was approved.  As a result a number of initial constitutional changes were required to fully implement that decision.

The constitution changes proposed, together with the reasons for the proposed changes were set out in the report relating specifically to the Chief Officer Employment Panel and associated procedures; officer delegations and officer and member indemnities.

Full details of the procedures and terms of reference for the Chief Officer Employment Panel, the Chief Officer Employment Appeals Panel, and the Independent Panel were set out in the appendices to the report, together with provision for indemnities.

It was moved by Councillor Paul Skinner and seconded by Councillor Nigel Welton that

1.    That the Joint Chief Officer Employment Panel be renamed the Chief Officer Employment Panel, the terms of reference be changed to those set out in section one of Appendix A to this report, the size of the Panel be set at three members and the membership be approved in accordance with paragraph 1.2.4 of this report;

2.    That the Joint Appointment Appeals Committee be renamed the Chief Officer Employment Appeals Panel, the terms of reference be changed to those set out in section two of Appendix A to this report, the size of the Panel be set at three members and the membership be approved in accordance with paragraph 1.2.4 of this report;

3.    That an Independent Panel be established as a standing committee of the Council, with the terms of reference set out in section three of Appendix A, and its membership be the Independent Person of this Council appointed under section 27 of the Localism Act 2011 together with the Independent Person appointed by South Holland District Council and East Lindsey District Council under the same statutory provision;

4.    That, in respect of any complaint against a Chief Officer or Deputy Chief Officer which may potentially lead to any action for misconduct, capability, grievance or for some other substantial reason, each statutory officer be authorised to act as an initial ‘filter’ to determine whether such complaint should progress to the Chief Officer Employment Panel or instead be determined through another process, except in any matter that relates to their own conduct;

5.    That the Council’s Democratic Services Team, working with the Councillor Development Group, ensure that members (and Independent Persons) serving on the Chief Officer Employment Panel, Chief Officer Employment Appeals Panel and Independent Panel receive suitable training;

6.    That all Officers employed by South Holland District Council, East Lindsey District Council or Boston Borough Council, who are shared pursuant to the s113 Agreement between those councils, be granted or re-granted delegated authority to act as officers of Boston Borough Council in accordance with the Constitution and the schedule of specific delegations and the Monitoring Officer be authorised to make such amendments to post titles and areas of responsibility set out in those documents as the Monitoring Officer considers appropriate;

7.    That the Head of Paid Service be granted delegated authority, in consultation with the Leader of the Council, to place staff of this authority at the disposal of South Holland District Council and/or East Lindsey District Council or to agree the placing of staff of those authorities at the disposal of this authority;

8.    That, subject to consultation with the Council’s Insurers, an indemnity be provided to officers and members in accordance with (or materially in accordance with) Appendix B to this report; and

9.    That the Monitoring Officer be authorised to amend the Constitution accordingly to reflect any of the matters referred to in recommendations 1-8 above.

An amendment was moved by Councillor Anton Dani and seconded by Councillor Michael Cooper that

Recommendation 9 be amended to read ‘That the Monitoring Officer be authorised to amend the Constitution accordingly to reflect any of the matters referred to in recommendations 1-8 above, in consultation with the Chief Executive and Leader of the Council.’

The Monitoring Officer explained to Council that the proposed amendments to the Constitution were required to reflect the decisions being made in recommendations 1 to 8, not any additional changes.

On being put to the vote the amendment was lost.

The substantive motion was then put to the vote and it was