Agenda and minutes

It was with much sadness that the Chairman informed the Council of the death of District and Parish Councillor David Bateman. 

The Chairman advised that she would offer members the opportunity of paying tribute to the past service of Councillor Bateman at the next ordinary meeting of the Council.

All present stood for a minute’s silence in tribute to the memory of Councillor Bateman.

(Chief Executive) To declare interests in any item on the agenda.

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs L Wagland declared a personal interest in agenda item 4 (Contract of Employment – Post XEX/01) by virtue of being a family friend of the Council’s external legal adviser.  Councillor Mrs Wagland also advised that the external legal adviser was godmother to one of her children.  The Councillor advised that she had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration and voting on that matter.

Members sought clarification of the status of this meeting having regard to the decisions taken at the Council meeting on 28 July 2009 to defer consideration of the report on the contract of Post XEX/01 and to adjourn that meeting to a date to be determined by the Chairman of the Council.

The Chairman advised that having regard to the time lapse between the meeting on 28 July 2009 and this meeting and having taken advice she had decided in accordance with Council Procedure Rule 3.1(ii) to call this extraordinary meeting to consider the matter rather than reconvene the adjourned meeting. 

            RESOLVED:

(1)               That the decision of the Chairman to call this extraordinary meeting in accordance with Council Procedure Rule 3.1(ii) be noted;  and

(2)               That the Council meeting adjourned on 28 July 2009 be closed.

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                       Subject                                Exempt Information and

            Item Number                                                           Paragraph Number

            4                         Contract of Employment –            1

                                       Post XEX/01

           (G Lunnun left the meeting)                                                                            

To consider a report of the Leader of the Council (circulated separately).

The Council considered reports from the Leader of the Council and from the Monitoring Officer concerning the contract of employment of the holder of post XEX/01.

(a)        Monitoring Officer Report under Section 8 of the Local Government and Housing Act 1989

The Monitoring Officer submitted a report under Section 8 of the 1989 Act concerning the process adopted in respect of the contract of employment of the holder of post XEX/01.

The report outlined the Monitoring Officer's views concerning the report presented separately on the agenda for this meeting regarding the early termination of the  contract of employment of the holder of post XEX/01 including:

(i)         the report being restricted to mediation and statutory disciplinary procedure to the exclusion of direct negotiations;

(ii)        the subject matter of the proposed mediation process;

(iii)       proper authority for referring the matter to mediation;

(iv)       the subject matter of the proposed disciplinary action under Section 8 of the 1989 Act;  and

(v)        the application of fair employment procedures to this case.

The Monitoring Officer's report also included a personal statement regarding her past involvement in this process and any alleged conflict between her working relationship with the holder of post XEX/01 and her role as Monitoring Officer.

Members of the Council asked questions of the Monitoring Officer on her report and noted that the Council was required to consider this report before making any decisions.

Moved by Councillor C Whitbread and seconded by Councillor Mrs D Collins

"That the report of the Monitoring Officer be noted."

On the adoption of this motion, it was thereupon –

            RESOLVED:

            That the report of the Monitoring Officer be noted.

(b)       Report of the Leader of the Council

The Leader of the Council submitted a report on the contract of employment of the holder of post XEX/01.

The Council also received copies of notes of a meeting with the post holder held on 26 May 2009, a letter dated 13 August 2009 from the Leader of the Council to the post holder, a schedule of potential costs and a letter dated 17 August 2009 from the post holder to the Leader of the Council.

 The Monitoring Officer agreed to waive her right to remain in the meeting at all times in response to the request of the Council for a discussion in private with the external legal adviser.  All other officers left the meeting.

Following private discussion, all officers returned to the meting for the purpose of recording the Council’s decision on the Leader’s report.

Having obtained leave from the Council, the Leader of the Council amended the recommendations contained in her report to reflect the points agreed informally in private session:

“That this Council –

(a)        agrees that the holder of post XEX/01 be invited to participate in the mediation process in accordance with the terms set out in Paragraph 4 of the letter dated 13 August 2009 from the Leader of the Council to the post holder;

(b)        agrees that, if the mediation process takes place,  ...  view the full minutes text for item 62.