Could you be an 'Independent Person' to uphold Brent Council standards

At long last, after nudging by Wembley Matters contributor Philip Grant, Brent Council has advertised for three 'Independent Persons' LINK  Closing date for applications is Sunday March 6th:
 

--> Background Information:
Under the provisions of the Localism Act 2011 the way that Brent Council will deal with conduct complaints about its elected and co-opted members in its area is changing.
The statutory regulatory framework has been abolished and the Council is responsible for deciding how to deal with conduct issues at a local level, including adopting its own local code and determining what arrangements it will adopt to deal with complaints. 

The Act provides that the Council must appoint an Independent Person or Persons to assist the Council in promoting and maintaining high standards of conduct amongst its members.
Independent Persons are consulted on decisions to investigate complaints and before a decision is made on an investigated complaint. The Independent persons may also be consulted on other standard matters, including by the member who is subject to an allegation.

In addition, the Local Authorities (Standing Orders) (England) Regulations 2001 (the 2001 Regulations) and the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 (the 2015 Regulations).  The 2015 Regulations, which came into force on 11 May 2015, amend the way that Brent Council will deal with the disciplinary and conduct complaints against the Chief Executive, Chief Finance Officer and Monitoring Officer. 

The decision to dismiss the officers has to be taken by the full council but not before full council has considered, amongst other things, any advice, views or recommendations from a ‘panel’ (comprising of ‘independent persons’ appointed in accordance with certain statutory rules).
The Council now wishes to appoint three Independent Persons to assist in discharging these responsibilities.  Full details of the role and responsibilities of the Independent Person are included in this Recruitment Pack.

A fixed allowance of £419 per annum is payable together with reimbursement of travel expenses. The appointment will be for a fixed term of 2 years

Skills and Competencies:

The Independent Person will have:

·     a keen interest in standards in public life.

·     a wish to serve the local community and uphold local democracy.

·     the ability to be objective, independent and impartial.

·     sound decision making skills

·     leadership qualities, particularly in respect of exercising sound judgement.

The Independent Person will:

·     be a person in whose impartiality and integrity the public can have confidence.

·     understand and comply with confidentiality requirements.

·     have a demonstrable interest in local issues.

·     have an awareness of the importance of ethical behaviours.

·     be a good communicator.

·     Be a person with unspent criminal record (Rehabilitation of Offenders Act applies)

Desirable additional criteria are:

·     working knowledge/experience of local government or other public service and/or of large complex organisations and awareness of and sensitivity to the political process.

·     knowledge and understanding of judicial/quasi-judicial or complaints processes.

Means of assessment will be by application form and interview.

NOTE:  You will be required to be contactable during normal working hours by telephone or by email and to be available to attend hearings, some of which may be held in the day time and at relatively short notice.

Eligibility for Appointment
A person cannot be appointed as an Independent Person if they are or were within a period of five years prior to the appointment:

·     a member, co-opted member or officer of the authority.

·     a member, co-opted member or officer of a parish council in the District Council’s area,

·     or a relative or close friend of the above. 

Any involvement in political activity or campaigning, particularly at local level, may affect public perceptions of independence.  Applicants are asked to indicate the nature of such activity and whether it may affect public perception of independence.  
    
Regulations do not prevent Independent Members who previously served on the Council’s Standards Committee from being eligible to apply for the role, as this can assist with continuity of experience and therefore assist in the work of the Committee.

Brent revises process for dismissal of Chief Excutive & other senior officers

Cabinet will be asked to adopt new procedures and changes in standing orders at their meeting on June 22nd regarding the dismissal of senior staff, including the Chief Executive.  Other staff to whom it applies are the Chief Finance Officer and the Monitoring Officer.

In 2012 the then Brent Director of Finance, Chris Heaphy, was suspended over gross misconduct allegations( later withdrawn) shortly after Chief Executive, Gareth Daniel was ousted by Muhammed Butt. LINK

The proposal institutes a Dismissal Advisory Committee which includes'independent persons':

The Council will be required to invite independent persons to form part of a panel in the following priority order:

·      an independent person who has been appointed by the Council and who is registered as a local government elector in the borough of Brent;

·      any other independent person who has been appointed by the Council;

and

·      an independent person who has been appointed by another council or

other councils.

The Council has appointed one independent person to deal with Member Code of Conduct complaints but the 2015 Regulations explicitly allow theCouncil to utilise independent persons appointed by other councils.

This is why it is proposed that the Chief Operating Officer be authorised to explore the possibility of sharing independent persons appointed by other councils with a view to establishing a pool of 5 independent persons from which 3 can be selected to form a panel

Such a shared system may be a more cost effective and efficient use of a limited number of independent persons.

The Chief Operating Officer, who wrote the report, is Lorraine Langham, late of Ofsted and Tower Hamlets.

Apart from concerns that might arise from the above, there is an Alice in Wonderland feel about the flow chart.

In the top half of the chart you will see that action (or a decision not to act) is in the hands of the General Purposes Committee. The GPC consists of 7 Labour Cabinet Members and one Conservative opposition member.

In the bottom half you can see that the GPC notifies the Cabinet. In effect this is the 7 Cabinet members plus one Tory notifying 8 Cabinet members (Cllr Mashari is added to the 7).

They then have a kind of internal debate with themselves where they might object as Cabinet and reconsider as GPC, before the Dismissal Advisory Panel comes into play...

The Council will be asked to formally approve the appointment of Carolyn Downs as Chief Executive and Head of Paid Services with effect from September 7th 2015 LINK

Leading environmentalist denounces Brent Council in resignation letter

Francis Henry, who has voluntarily supported the Brent Sustainability Forum, latterly as chair,for 6 years has resigned in protest at the sacking of one of the key environmental officers at Brent Council.

He has called on other members of the Forum to join him in  resigning and to consider making the forum website LINK independent of the council.

His letter to acting Chief Executive Christine Gilbert says:

CONSTRUCTIVE DISMISSAL  MARION HOFMANN

I  have been the Vice Chair initially and subsequently the Chair of the Brent Sustainability Forum (BSF) since 2008.

Together with others we have worked hard to help Brent Council to deliver on important environmental issues. We always had great support from Marion who was truly dedicated to the cause.

I and others are appalled how Brent Council and your senior officers have treated one of our colleagues who has contributed so much to public engagement and the promotion of environmental issues.

It would seem that as an organisation Brent Council and some of your officers in Environmental Services will do everything possible to get rid of good and trusted officers who understand how to work with local people and who are truly committed to the cause.

I am so disgusted by the conduct of Brent Council and the conduct of your senior officers that I am resigning as Chair of Brent Sustainability Forum and ceasing my involvement with anything involving your Council.

You and the whole Council should be ashamed in the way you treat your valued members of staff who have the trust and respect of the local community.