employee discipline procedure

Dear Mr Mckenzie,

I acknowledge receipt of your email below which is receiving attention.

I shall contact you again when I am in a position to respond more fully
to your request.

Yours sincerely,

Sandra Hazarika
For Corporate Freedom of Information Officer
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB
(01698) 302232

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Dear Sir/Madam,

Request for Information

I refer again to your e‑mail of 6 October 2009 seeking information in
relation to procedures for dealing with employees convicted of a racist
crime and Disclosure checks.

Having investigated, I regret to advise you that North Lanarkshire Council
does not have a specific procedure for dealing with employees convicted of
a racist crime and in terms of Section 17 of the Freedom of Information
(Scotland) Act 2002 I must advise you that the information sought is not
held.  By way of some explanation, I can advise that when disciplinary
action is taken against an employee for whatever reason, the procedures
followed are those outlined in the Council's Discipline Policy.

I can advise also that North Lanarkshire Council carries out Disclosure
checks for the relevant employees every three years.

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can require a review of that decision by writing to the Executive
Director of Corporate Services, Civic Centre, Windmillhill Street,
Motherwell ML1 1AB.  Accordingly, if you are dissatisfied with this
decision and seek such review please write to the Executive Director of
Corporate Services.

I would advise, also, that in terms of Section 47 of the Act a person who
is dissatisfied with a notice given by the local authority under Section
21 of the Act - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Act.  Such an application must be in writing
or in another form which, by reason of it having some permanency is
capable of being used for subsequent reference - for example a recording
made in audio or video tape - must state the name of the applicant and an
address for correspondence and must specify the request for information to
which the requirement for review relates, the matter which gave rise to
the applicant’s dissatisfaction with the original decision of the local
authority and the matter which gives rise to the applicant’s
dissatisfaction with the decision on review by the local authority or the
failure of the local authority to issue such a decision.  The Scottish
Information Commissioner can be contacted as follows:-

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrew’s

KY16  9DS

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way –
please let me know.

Yours faithfully,

Neil McKay

For Corporate Freedom of Information Officer

Corporate Services

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

Tel: 01698 302 484

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