The Suffolk fire Experience - Doc 413 Historic Green Goddess for Sale
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Suffuck County Council
County Presonnel Department
Your ref
Our ref PersFile/l/djm2.doc
Ask for Mr D J Morgan Tel(01473) 584102
11th January 1999
Dear Sub Officer X
FIRE SERVICES (DISCIPLINE) REGULATIONS 1985 - CASE 2 – CHARGES – DISOBEDIENCE TO ORDERS
AND ABSENCE FROM DUTY
Thank you for your letter of the 2nd January 1999 setting out a list of some 40 (potential) witnesses for case 2 and also commenting on my decision to bar some of your witnesses. I would add that some of your witnesses are already listed as management witnesses so will be available to you.
After looking at the situation I have now decided to proceed on the basis of a single hearing for all three charges before the Disciplinary Tribunal. The Chief Fire Officer has given his permission for this course of action. Apart from the simplifications this will afford, the ability in terms of dealing with the whole matter, to take a broader view on your listing for the (hitherto) case 2, is to your advantage.
Accordingly, my assistant Lizzie Reynolds will be contacting all relevant parties within the next week with a view to arranging two days in early- mid February 1999 plus a third (back up) day. In this respect, as indicated to you before, I will need to provide details of the (likely) witnesses to the Chief Fire Officer, not least so that time-off can be arranged. I undertake to keep confidential between you and me your submissions and my responses on the merits, or otherwise, of each witness proposed by you.
As also indicated in an earlier letter any submissions on your continuing perceived need for further witnesses from the lists will have to be made to the Disciplinary Tribunal.
I should confirm that the Elected Members likely to serve as the disciplinary Tribunal (County Councillors Monk, Pryor and Sargent (or Belham)) have agreed that, in accordance with the Regulations, an assessor should assist the hearing and this may well be the Norfolk Deputy Chief Fire Officer. A further development is the conclusion at this end that my involvement has become increasingly partisan and, although I shall continue to deal with the arrangements leading up to the hearing to be fair to you the secretary to the Disciplinary Tribunal will now be my colleague Chris Jackson (assistant County Solicitor).
In considering your witness list I have taken advice from ACFO K Seager and paid particular attention to para 7 of Annex D of the Guidance Notes to the Regulations and set out below my responses to the 40 potential witnesses. In accordance with the powers given me under the Fire Services (discipline) Regulations 1986 I have decided the following:-
1. Deputy Chief Fire Officer Simon Smith.
Already listed in first case.
Witness allowed.
2. Divisional Officer Graham Smith.
Already listed in first case.
Witness allowed.
3. SubO Robert Marris
Already listed by management.
Witness allowed.
4. Station Officer James Parsons
Already listed in first case.
Witness allowed.
5. Assistant Chief Fire Officer Kenneth Seager.
Already listed by management.
Witness allowed.
6. Leading Fireman Stephen Bartram.
Already listed in first case.
Witness allowed.
7 Sub Officer Kieron Davey.
Already listed in first case.
Witness allowed.
8 Divisional Officer Robert Batchelor.
Already listed in first case.
Witness allowed.
9 Divisional Officer Colin Hodge.
Apart from the fact that he is likely to be the presenting officer he was acting under the instructions from other officers who can be questioned by you.
Witness not allowed.
10. Assistant Divisional Officer Paul Seager.
Already listed in first case
Witness allowed.
11. Assistant Divisional Officer Robert Middleton.
I find that this officer has nothing to add to likely evidence.
Witness not allowed.
12. Assistant Chief Fire Officer Trevor Tinley.
I find him not relevant to the charge.
Witness not allowed.
13. Chief Fire Officer Malcolm Alcock.
I find him not relevant to the charge; speculative request.
Witness not allowed.
14. Sub Officer George Moran.
15. SubO Henry Landis
16. SubO Roy Mitchell
17. SubO Peter Redbourne
Duplication. Accept redbourne, not least as he is listed in first case.
Other witnesses not allowed.
18. Assistant Divisional Officer Tony Fuller.
Already listed in first case.
Witness allowed.
19. Station Officer Graham Saward.
Already listed by management.
Witness allowed.
20. Sub Officer Chris Wallis.
Already listed by management.
Witness allowed.
21. SubO Keith Boyce.
22. SubO Stephen Rhind.
23. SubO Peter Raven.
24. SubO Barry Kent.
Duplication
Witnesses not allowed.
25. Robert Croft.
Will be the technician controlling recording equipment.
Witness not allowed.
26. Sheila Huggins.
Not relevant.
Witness not allowed.
27. Firefighter Mark Gilbert.
28. Firefighter Beamish.
29. Firefighter Woolstenholmes.
30. Firefighter Mayhew.
31. Firefighter Hayward.
32. Firefighter Woodard.
33. Station Officer Sanderson.
None of above relevant
Witnesses not allowed.
34. Leading Firefighter Collins
Likely to be relevant witness
Witness allowed.
35. Linda Homer (County Council Chief Executive).
Not relevant to the charge.
Witness not allowed.
36. Mr Keith. W. Steven’s (County Secretary & Solicitor)
Not relevant to the charge.
Witness not allowed.
37. Aubrey Webb (Harassment advisor)
Covered by confidentiality in harassment procedures.
Witness not allowed.
38. Keith Lynch (Head of personnel, Suffolk social services)
Covered by confidentiality in harassment procedures
Witness not allowed.
39. Heather Marsden (Acting Principal Personnel Officer Suffolk County Personnel Department)
Covered by confidentiality in harassment procedures.
Witness not allowed.
40. Derek Lay (Principal Personnel Officer Suffolk County Personnel Department)
Covered by confidentiality in harassment procedures.
Witness not allowed.
Yours sincerely
Dave Morgan
Employee Relations Manager
Suffuck County Council
County Presonnel Department
Your ref
Our ref PersFile/l/djm2.doc
Ask for Mr D J Morgan Tel(01473) 584102
11th January 1999
Dear Sub Officer X
FIRE SERVICES (DISCIPLINE) REGULATIONS 1985 - CASE 2 – CHARGES – DISOBEDIENCE TO ORDERS
AND ABSENCE FROM DUTY
Thank you for your letter of the 2nd January 1999 setting out a list of some 40 (potential) witnesses for case 2 and also commenting on my decision to bar some of your witnesses. I would add that some of your witnesses are already listed as management witnesses so will be available to you.
After looking at the situation I have now decided to proceed on the basis of a single hearing for all three charges before the Disciplinary Tribunal. The Chief Fire Officer has given his permission for this course of action. Apart from the simplifications this will afford, the ability in terms of dealing with the whole matter, to take a broader view on your listing for the (hitherto) case 2, is to your advantage.
Accordingly, my assistant Lizzie Reynolds will be contacting all relevant parties within the next week with a view to arranging two days in early- mid February 1999 plus a third (back up) day. In this respect, as indicated to you before, I will need to provide details of the (likely) witnesses to the Chief Fire Officer, not least so that time-off can be arranged. I undertake to keep confidential between you and me your submissions and my responses on the merits, or otherwise, of each witness proposed by you.
As also indicated in an earlier letter any submissions on your continuing perceived need for further witnesses from the lists will have to be made to the Disciplinary Tribunal.
I should confirm that the Elected Members likely to serve as the disciplinary Tribunal (County Councillors Monk, Pryor and Sargent (or Belham)) have agreed that, in accordance with the Regulations, an assessor should assist the hearing and this may well be the Norfolk Deputy Chief Fire Officer. A further development is the conclusion at this end that my involvement has become increasingly partisan and, although I shall continue to deal with the arrangements leading up to the hearing to be fair to you the secretary to the Disciplinary Tribunal will now be my colleague Chris Jackson (assistant County Solicitor).
In considering your witness list I have taken advice from ACFO K Seager and paid particular attention to para 7 of Annex D of the Guidance Notes to the Regulations and set out below my responses to the 40 potential witnesses. In accordance with the powers given me under the Fire Services (discipline) Regulations 1986 I have decided the following:-
1. Deputy Chief Fire Officer Simon Smith.
Already listed in first case.
Witness allowed.
2. Divisional Officer Graham Smith.
Already listed in first case.
Witness allowed.
3. SubO Robert Marris
Already listed by management.
Witness allowed.
4. Station Officer James Parsons
Already listed in first case.
Witness allowed.
5. Assistant Chief Fire Officer Kenneth Seager.
Already listed by management.
Witness allowed.
6. Leading Fireman Stephen Bartram.
Already listed in first case.
Witness allowed.
7 Sub Officer Kieron Davey.
Already listed in first case.
Witness allowed.
8 Divisional Officer Robert Batchelor.
Already listed in first case.
Witness allowed.
9 Divisional Officer Colin Hodge.
Apart from the fact that he is likely to be the presenting officer he was acting under the instructions from other officers who can be questioned by you.
Witness not allowed.
10. Assistant Divisional Officer Paul Seager.
Already listed in first case
Witness allowed.
11. Assistant Divisional Officer Robert Middleton.
I find that this officer has nothing to add to likely evidence.
Witness not allowed.
12. Assistant Chief Fire Officer Trevor Tinley.
I find him not relevant to the charge.
Witness not allowed.
13. Chief Fire Officer Malcolm Alcock.
I find him not relevant to the charge; speculative request.
Witness not allowed.
14. Sub Officer George Moran.
15. SubO Henry Landis
16. SubO Roy Mitchell
17. SubO Peter Redbourne
Duplication. Accept redbourne, not least as he is listed in first case.
Other witnesses not allowed.
18. Assistant Divisional Officer Tony Fuller.
Already listed in first case.
Witness allowed.
19. Station Officer Graham Saward.
Already listed by management.
Witness allowed.
20. Sub Officer Chris Wallis.
Already listed by management.
Witness allowed.
21. SubO Keith Boyce.
22. SubO Stephen Rhind.
23. SubO Peter Raven.
24. SubO Barry Kent.
Duplication
Witnesses not allowed.
25. Robert Croft.
Will be the technician controlling recording equipment.
Witness not allowed.
26. Sheila Huggins.
Not relevant.
Witness not allowed.
27. Firefighter Mark Gilbert.
28. Firefighter Beamish.
29. Firefighter Woolstenholmes.
30. Firefighter Mayhew.
31. Firefighter Hayward.
32. Firefighter Woodard.
33. Station Officer Sanderson.
None of above relevant
Witnesses not allowed.
34. Leading Firefighter Collins
Likely to be relevant witness
Witness allowed.
35. Linda Homer (County Council Chief Executive).
Not relevant to the charge.
Witness not allowed.
36. Mr Keith. W. Steven’s (County Secretary & Solicitor)
Not relevant to the charge.
Witness not allowed.
37. Aubrey Webb (Harassment advisor)
Covered by confidentiality in harassment procedures.
Witness not allowed.
38. Keith Lynch (Head of personnel, Suffolk social services)
Covered by confidentiality in harassment procedures
Witness not allowed.
39. Heather Marsden (Acting Principal Personnel Officer Suffolk County Personnel Department)
Covered by confidentiality in harassment procedures.
Witness not allowed.
40. Derek Lay (Principal Personnel Officer Suffolk County Personnel Department)
Covered by confidentiality in harassment procedures.
Witness not allowed.
Yours sincerely
Dave Morgan
Employee Relations Manager
posted by Bert Blythburgh at 10:54 AM
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