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Appointment of Vice Chairman
In the absence of the Chairman, the Vice Chairman Councillor D Sunger assumed the role of Chairman and proposed that Councillor H Kane be Vice Chairman for the duration or the meeting.
That Council agreed for Councillor H Kane to assume the role of Vice Chairman for the duration of the meeting.
Declarations of Interest
To declare interests in any item on the agenda.
Councillor D Sunger, Chairman advised that he would be a non-voting chairman for this meeting.
(a) Pursuant to the Council’s Members’ Code of Conduct, Councillor C Whitbread, Councillor H Whitbread, Councillor N Bedford, Councillor J Philip, Councillor S Kane, Councillor N Avey, Councillor L Burrows and Councillor A Patel declared non-pecuniary interests in item 4, of the agenda and declared that they would not be voting on this item.
(b) Pursuant to the Council’s Members’ Code of Conduct, Councillor J McIvor declared a non-pecuniary interest in agenda item 4.
(c) Pursuant to the Council’s Members’ Code of Conduct, Councillor R Bassett declared a non-pecuniary interest in item 4 of the agenda by virtue of being a Executive Director of Qualis.
(d) Pursuant to the Council’s Members’ Code of Conduct, Councillor C McCredie declared a non-pecuniary interest in item 4 of the agenda and declared that she would be voting on this item.
(e) Pursuant to the Council’s Members’ Code of Conduct, Georgina Blakemore, Chief Executive of Epping Forest District Council declared a non-pecuniary interest in agenda item 4.
Exclusion of Public and Press
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.
Article 17 of the Constitution (Access to Information) 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 and in respect of executive reports, the advice of any political advisor.
The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.
That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the item of business set out below on the grounds that it would 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 were confidential under Section 100(A)(2):
Agenda Item Subject Exempt Paragraph
Number Information Number
4 Report of the Investigating 1 and 2
Report of the Investigating Disciplinary Committee
(Chairman of the Investigating Disciplinary Committee) To consider the attached private and confidential report, and appeal statement.
The Council received a report from the Investigating Disciplinary Committee (IDC) regarding allegations and concerns arising from a whistleblowing complaint against an Officer of the Council.
An Independent Investigator assessed the case and submitted reports to the IDC for them to consider. The IDC submitted a report to Council outlining their recommendations. The recommendations of the IDC had been reviewed by two of the Council’s Independent Persons prior to the meeting of the Council, and they had supported the recommendations of the IDC.
The Officer of the Council was given an opportunity to present their appeal against the recommendations of the IDC, and subsequently answered a number of questions from the Councillors present.
The meeting was adjourned at 8.00pm to allow the Officer of the Council to leave the meeting and was reconvened at 8.10pm. The Council then proceeded to debate the report of the IDC and their recommendations.
That the Council received a report from the Investigating Disciplinary Committee outlining their recommendations and agreed that these were just and upheld.