The Suffolk Fire Experience - Doc 669 High Wycombe Fire Station
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Suffuck County Council
County Presonnel Department
Your ref
Our ref er/w/l/djm130.doc
Ask for Mr D J Morgan Tel(01473) 584102
1st December 1998
Dear Sub Officer X
FIRE SERVICES (DISCILINE) REGULATIONS 1985 - CASE 1 – CHARGE: INSUBORDINATION - CASE 2 – CHARGE: DISOBEDIENCE TO ORDERS AND ABSENCE FROM DUTY
I refer to my letter of 29th September 1998 and to the assistant Chief Officer’s letters of 11th September and 11th November.
I am now advised by the Chief Executive and the Chief Fire Officer that matters relating to your allegation of harassment by Deputy Chief Fire Officer Simon Smith and its investigation by Mr Lynch how now concluded and that no further action will be taken on Mr Lynch’s report. Accordingly the hearing for Case1 – the insubordination charge, which you will know has been held in abeyance pending the outcome of Mr Lynch’s investigation can now proceed. I intend to arrange the hearing before the elected members disciplinary tribunal.
You have requested that a large number of witnesses be called to support your defence for Case 1. In order to ascertain if they can give evidence I consider relevant I order you to advise me in writing within 14 days of the date of this letter of the nature of the evidence that you think each witness can give. If you can convince me that they can give evidence that is relevant I will allow your witnesses and make arrangements to order or invite them to be called to assist your defence.
Failure to advise me as ordered within the 14 day limit or failure to establish to me that the witnesses you have named can give relevant evidence will mean no arrangements will be made to order or invite them to be called to assist your defence.
It is usual practice in hearings before elected members to provide them in advance with written witness statements. Accordingly, I should be grateful if you would in due course provide me with written witness statements. Accordingly, I should be grateful if you would in due course provide me with written witness statements for all your intended witnesses no less than 7 days before the (to be notified date of ) hearing. The statements from both sides, together with the other relevant papers, will then be made available to the parties and the disciplinary tribunal in the formal case file.
On the question of witnesses you should note that both Mr Hawkins of the health and safety executive and Dr Deacon, the occupational health physician, have indicated that they will not voluntarily attend to give evidence. Accordingly, if you require their attendance that is a matter that you must now arrange for yourself.
With regard to case 2 – disobedience to orders and absence from duty charges, this has not been remitted to be heard by a disciplinary tribunal and, in the normal course, should be heard by the Chief Fire officer. However, as you have compiled a similar list of witnesses, in the interests of natural justice, it is necessary for me to make the decision on behalf of the disciplinary body as to the relevancy of the evidence that these witnesses can give before steps are taken to order or invite them to attend a hearing. Therefore, please notify me in writing of the nature of the evidence then arrangements will be made to order or invite these witnesses, as appropriate, to attend the hearing. Failure to advise me within the 28 day limit or failure to establish to me that the witnesses you have named can give relevant evidence will mean that no arrangements will be made by me to order or invite them to be called to assist your defence.
I am sending this letter by recorded delivery and an additional copy is enclosed for your union representative. A further copy has been sent to the Chief fire Officer.
Yours sincerely
Dave Morgan
Employee Relations Manager
Suffuck County Council
County Presonnel Department
Your ref
Our ref er/w/l/djm130.doc
Ask for Mr D J Morgan Tel(01473) 584102
1st December 1998
Dear Sub Officer X
FIRE SERVICES (DISCILINE) REGULATIONS 1985 - CASE 1 – CHARGE: INSUBORDINATION - CASE 2 – CHARGE: DISOBEDIENCE TO ORDERS AND ABSENCE FROM DUTY
I refer to my letter of 29th September 1998 and to the assistant Chief Officer’s letters of 11th September and 11th November.
I am now advised by the Chief Executive and the Chief Fire Officer that matters relating to your allegation of harassment by Deputy Chief Fire Officer Simon Smith and its investigation by Mr Lynch how now concluded and that no further action will be taken on Mr Lynch’s report. Accordingly the hearing for Case1 – the insubordination charge, which you will know has been held in abeyance pending the outcome of Mr Lynch’s investigation can now proceed. I intend to arrange the hearing before the elected members disciplinary tribunal.
You have requested that a large number of witnesses be called to support your defence for Case 1. In order to ascertain if they can give evidence I consider relevant I order you to advise me in writing within 14 days of the date of this letter of the nature of the evidence that you think each witness can give. If you can convince me that they can give evidence that is relevant I will allow your witnesses and make arrangements to order or invite them to be called to assist your defence.
Failure to advise me as ordered within the 14 day limit or failure to establish to me that the witnesses you have named can give relevant evidence will mean no arrangements will be made to order or invite them to be called to assist your defence.
It is usual practice in hearings before elected members to provide them in advance with written witness statements. Accordingly, I should be grateful if you would in due course provide me with written witness statements. Accordingly, I should be grateful if you would in due course provide me with written witness statements for all your intended witnesses no less than 7 days before the (to be notified date of ) hearing. The statements from both sides, together with the other relevant papers, will then be made available to the parties and the disciplinary tribunal in the formal case file.
On the question of witnesses you should note that both Mr Hawkins of the health and safety executive and Dr Deacon, the occupational health physician, have indicated that they will not voluntarily attend to give evidence. Accordingly, if you require their attendance that is a matter that you must now arrange for yourself.
With regard to case 2 – disobedience to orders and absence from duty charges, this has not been remitted to be heard by a disciplinary tribunal and, in the normal course, should be heard by the Chief Fire officer. However, as you have compiled a similar list of witnesses, in the interests of natural justice, it is necessary for me to make the decision on behalf of the disciplinary body as to the relevancy of the evidence that these witnesses can give before steps are taken to order or invite them to attend a hearing. Therefore, please notify me in writing of the nature of the evidence then arrangements will be made to order or invite these witnesses, as appropriate, to attend the hearing. Failure to advise me within the 28 day limit or failure to establish to me that the witnesses you have named can give relevant evidence will mean that no arrangements will be made by me to order or invite them to be called to assist your defence.
I am sending this letter by recorded delivery and an additional copy is enclosed for your union representative. A further copy has been sent to the Chief fire Officer.
Yours sincerely
Dave Morgan
Employee Relations Manager
posted by Bert Blythburgh at 9:22 AM
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