Agenda and minutes

(Assistant to the Chief Executive) To report the appointment of any substitute members for the meeting.

There were no substitute members present at the meeting.

It was reported that since the agenda for this meeting had been prepared the Council had appointed Councillor K Chana as a member of this Panel in place of Councillor B Rolfe.

To declare interests on any item on the agenda.

There were no declarations of interest made pursuant to the Council’s Code of Member Conduct.

To confirm the minutes of the last meeting of the Panel held on 2 November 2007 (attached).

            RESOLVED:

That the minutes of the meeting of the Panel held on 2 November 2007 be taken as read and signed by the Chairman as a correct record.

To note the procedure for determining staff appeals (attached).

The Panel noted the agreed procedure for its conduct in determination of Staff Appeals.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                       Exempt Information

Item No           Subject                                               Paragraph Number

7                      Staff Appeal No 1-2009/10                  1

The Panel considered an appeal by an employee of the Housing Directorate against a decision to dismiss her made by the Director of Finance and ICT acting under delegated authority.

The appellant was in attendance accompanied by her husband. The appellant’s husband advised that he would be presenting his wife’s caase.  Ms C O’Boyle, Director of Corporate Support Services and Solicitor to the Council, attended the meeting to present the Council’s case.  Ms P Maginnis, Assistant Director – Corporate Support Services (HR), attended the meeting to advise the Panel as required on details of employment law and policies relevant to the appeal.  Mr G Lunnun, Assistant Director Democratic Services, attended the meeting as secretary to the Panel.

The Chairman welcomed the appellant and her husband to the meeting and introduced the Panel and officers present.

The appellant’s husband requested confirmation in writing that Ms P Maginnis had no input whatsoever in referring this case to the Panel.  The Chairman pointed out that at this stage of the meeting he was simply outlining the procedure to be adopted and that there would be an opportunity for the appellant and her husband to ask questions at a later stage.  However, he allowed Ms Maginnis to answer the question.  Ms Maginnis advised that her only previous involvement in this case had been to advise the Director of Finance and ICT in relation to the Sickness Absence Hearing held on 2 July 2009.  She added that she had not been involved in compiling the Council’s case for this meeting.

The Chairman advised that it was not clear from the appellant’s written statement the extent to which she contested or accepted the findings of the Sickness Absence Hearing. It had been assumed, therefore, that she wished to challenge the findings and as a result this meeting would take the form of a complete rehearing of the evidence heard at the Sickness Absence Hearing together with some additional evidence arising from the earlier Hearing.  The Chairman sought clarification from the appellant that she was seeking reinstatement to her former position with the Council.  The appellant’s husband confirmed that this was the appellant’s wish. 

The Chairman sought confirmation from the appellant that she had received the agenda and the file of documents for this meeting comprising the written statement of the Council’s case, 23 appendices to that statement and the appellant’s letter of appeal to the Panel.  The appellant’s husband confirmed that he was in receipt of all of the papers.  The Chairman advised that Ms O’Boyle had given notice that she intended to call two witnesses, Mrs S Lindsay, Housing Resources Manager, and Mr R Palmer, Director of Finance and ICT.  He asked the appellant to confirm that she did not wish to call any witnesses.  The appellant’s husband confirmed that no witnesses were to be called in support of the appellant’s case.

Ms C O’Boyle advised that since the papers for this meeting had been dispatched a further letter had been received from the  ...  view the full minutes text for item 6.