The Suffolk Fire Experience - Doc 427 Clare fire Station Surplus Equipment Auction

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Suffuck County Council

County Presonnel Department

Thompsons solicitors
Congress House
Great Russell Street
LONDON
WC1B 3LW

Your ref
Our ref PersFile/l/djm2.doc
Ask for Mr D J Morgan Tel(01473) 584102

20th January 1999

Dear Sir/Madam

FIRE SERVICES (DISCIPLINE) REGULATIONS 1985 – THREE CAHARGES (1) INSUBORDINATION (2) DISOBEDIENCE TO ORDERS (3) ABSENCE FROM DUTY

Thank you for your letter of the 18th January 1999.

The reference you quote relates to my letter to Sub Officer X of the 3oth December 1998 and, of course, covers largely the question of witnesses for charge 1 above. For your help I enclose:-

(1) copy of a subsequent letter dated 11th January 1999 covering, particularly, the question of witnesses for charges 2 and 3 above and
(2) copies of two letters both dated 18th January 1999 warning witnesses of the impending hearing.
You will note from the letter of the 11th January that my colleague Chris Jackson (Assistant County Solicitor), will now act as secretary to the Disciplinary Tribunal but I will continue (effectively as assistant secretary) to make arrangements for the hearing. However, please feel free to contact him on (01473)584114 and to whom a copy of this letter is being passed.

Now that SubO X s to be legally represented, in accordance with normal County council practice, it is likely that the Chief Fire Officer will be seeking similar representation. At this stage it is not possible for me to advise you as to who will fill that capacity but the first point of contact is Alan Gillespie (Senior Assistant County Solicitor) on 584113.

My support services colleague, Lizzie Reynolds (01473) 584097, has noted the availability dates from your letter and will be looking for two (successive) days, more likely now in march.

On your side I would appreciate details of who, in person, will be representing Sub Officer X. Further, you will see from the copy letters the exchanges on his listing of 44 and 40 witnesses in respect of charges 1 and 2 and 3 respectively and my responses culminating in the (potential) witnesses listed in the two letters of the 18th January. I would appreciate your early views on the witnesses you feel are needed. On this point, please bear in mind his two listings included (virtually) all the management witnesses (see below) and, of course, they will be available for your cross examination. Copies of their statements are already with Sub Officer X:-

1st charge
D.O. G. Smith
S.O J. Parsons
SubO. K. Davey
Miss s. Davies (Personnel Manager)
D.O. P. Hayden

2nd and 3rd charge
D.O. P. Hayden
D.O. G. Smith
SubO. R. Marris
S.O. J. Parsons
D.O. P Hayden
D.O. G. Smith
ACFO K. Seager
(temp) ADO G. Saward

I would also like to emphasise a point made to Sub Officer X – the disciplinary Tribunal will consist of three (lay) Elected Members drawn from the County Council’s Protection Committee and for their assistance and proper process they will anticipate in the case file, where at all possible from both sides, written witness statements and submissions etc. setting out the opposing submissions on the three charges. I look forward to your response on this point, as well.

Finally, if at this stage I can be of any further assistance to you please let me know.



Yours sincerely

Dave Morgan
Employee Relations Manager