Concerns about impartiality

The Protocol on Member/Employee Relations (Part 5, Section 4 of the council's Constitution) sets out the fundamental principles to good relations between elected members, the Mayor and employees of the council.

The following Fairness Test shows how members and officers can raise any concerns when a form of behaviour is perceived to be contrary to that described in the protocol.

FAIRNESS TEST - Officer raising a concern about a member

Stage 1 -Informal action

  • an officer should have a discreet discussion and provide advice to a member to point out the behaviour which in the officer's view, fails to accord with the principles of good governance practice and relationships
  • the officer should maintain a file note or informal record of the advice and the date on which this was given

Stage 2 - Senior officer discussion

  • if the concerns raised with the member continue, the officer concerned should discuss the matter with their respective director to enable further advice to be given to the member concerned to attempt to remedy the situation
  • if continuing concerns remain, the proforma below should be used by the director to formally record the concerns and the advice and action taken - this form needs to be completed and signed off by the appropriate director
Officer Record of Concerns Raised and Advice Given about the Impartiality of a Member
Download (12KB)

Stage 3 - Formal complaint to the monitoring officer

In the event of continued concerns remaining:

The Officer Record form of Concerns Raised:

Officer Record of Concerns Raised and Advice Given about the Impartiality of a Member
Download (12KB)

FAIRNESS TEST - Member raising a concern about an officer

The member/employee relations protocol sets out a number of fundamental principles to ensure continuing good relations between elected members and employees of the council including, the need to develop relationships based on mutual respect and support and a recognition that each have an essential role to play in the success of the council achieving its strategic objectives.
 
1. Despite the principles contained within the Member/Employee protocol, should a member wish to raise a concern about the behaviour of an officer, an attempt should be made in the first instance to resolve this by raising the concern with the employee and/or their line manager, should this be deemed necessary, in order to find an appropriate informal resolution in respect of the inappropriate behaviour. 

If the matter cannot be resolved informally, proceed with a complaint to the employee’s respective director.

2. Complaints about officers should be made to the director of the service where they feel the fault lies (or Chief Executive as appropriate where the complaint is against a director). 

Within three days, they will:

    • acknowledge the complaint
    • say if they intend to take action
    • or say how long they needs to investigate

3. Members have a right to know if action has been taken to correct a matter, but they must not:

    • influence the level of disciplinary action to be taken against an officer
    • or insist (nor be seen to insist) that an employee is disciplined

4. Members have a right to be told of the outcome of any disciplinary case, but have no entitlement to detailed information about the hearing or its conduct.

5. If a member is not satisfied that action has been taken to deal with the complaint, it may be referred to the Chief Executive by the member concerned with notification of such also being sent to the director.

Last updated: 30 October 2015 14:59:45