Agenda and minutes

Minutes of meeting held on 2^nd February, 2016 (previously circulated). 

The minutes of the previous meeting held on 2^nd February, 2016 were approved as a correct record. 

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest. 

There were no items of urgent business. 

The meeting adjourned at 2.05p.m. and re-convened at 3.00p.m. 

The Committee is recommended to pass the following recommendation in relation to the following item:-

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following item(s) have been marked as exempt, it is for the Committee itself to decide whether or not to consider each of them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act. 

Details of this item will be sent to Members of the Committee under separate cover. 

Members considered an appeal against dismissal.  The Chairman outlined the procedure that the meeting would follow. 

The Chief Officer (Health and Housing), as the Management Respondent, assisted by a HR Partner presented the case for dismissal.  At 3.22p.m. the Chief Officer (Health and Housing) called upon the Investigating Officer, who was assisted by a HR Partner, to inform of his investigations to the Hearing.  The Appellant and their trade union representative were given the opportunity to question the Chief Officer (Health and Housing) and the HR Partner, the Investigating Officer and the HR Partner who had assisted with the investigation.  The Chief Officer (Health and Housing), the HR Partner, the Investigating Officer and the HR Partner who had assisted with the investigation, were then questioned by Members of the Committee and the Advisor to the Committee (HR Service Manager). 

The Investigating Officer and the HR Partner who had assisted with the investigation left the meeting at 4.15p.m. 

The Appellant subsequently gave evidence assisted by their trade union representative.  The Chief Officer (Health and Housing) and HR Partner were given the opportunity to question the Appellant and their trade union representative followed by questions by Members of the Committee and the Advisor to the Committee (HR Service Manager). 

Both parties were invited to summarise their cases, the Appellant having the last word. 

(The Appellant, their trade union representative, the Chief Officer (Health and Housing) and the HR Partner were requested to leave the meeting at 5.25p.m.  The Committee then adjourned to reach its decision, with the HR Service Manager and the Principal Democratic Support Officer present to assist the Councillors in formulating their decision.  At 5.50p.m., the Appellant, their trade union representative, the Chief Officer (Health and Housing) and the HR Partner were recalled to the meeting.) 

The Chairman thanked both parties for their presentations and the information provided. 

Resolved:

After listening to presentations from both sides, the Personnel Committee reached the view that the Appeal hearing should be adjourned to allow the Investigating Officer to obtain further relevant evidence and greater clarity, so that the Committee would be in a better position to review the original decision of the Hearing Officer.

The meeting adjourned at 5.54p.m. and re-convened at 2.30p.m. on Tuesday, 5^th July 2016. 

The Chairman, at the re-commencement of the meeting, advised that this was not a re-hearing but a continuation of the hearing commenced and adjourned on 11^th May 2016. 

The Appellant, trade union representative, Chief Officer (Health and Housing), Members of the Committee and other officers in attendance had been provided with a supplemental bundle containing further relevant evidence and greater clarity that had been requested on 11^th May 2016. 

The Chief Officer (Health and Housing), as the Management Respondent, assisted by a HR Partner presented the case for dismissal.  At 2.41p.m. the Chief Officer (Health and Housing) called upon the Investigating Officer, who was assisted by a HR Partner, to inform of his investigations to the Hearing.  The Appellant and their  ...  view the full minutes text for item 40.