Agenda and minutes

With no current Chairman and, in the absence of the Vice-Chairman, the Principal Democratic Support Officer invited nominations for Chairman for this meeting only. 

Resolved unanimously:

That Councillor Ronnie Kershaw take the Chair for this meeting only.  Councillor Ronnie Kershaw here took the Chair. 

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 Committee is recommended to pass the following recommendation in relation to the following item(s):-

“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(s) of business, on the grounds that they 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 has been marked as exempt, it is for the Committee itself to decide whether or not to consider this in private or in public.  In making the decision, Members should consider the relevant paragraphs 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 (Environment), as the Management Respondent, assisted by a HR Partner presented the case for dismissal.  Members of the Committee, the Appellant and their trade union representative were given the opportunity to question the Chief Officer (Environment) and the HR Partner. 

The trade union representative gave evidence on behalf of the Appellant.  Members of the Committee, the Chief Officer (Environment) and the HR Partner were given the opportunity to question the trade union representative and the Appellant. 

Both parties were invited to summarise their cases, the trade union representative, on behalf of the Appellant, having the last word. 

(The Appellant, their trade union representative, the Chief Officer (Environment) and the HR Partner were requested to leave the meeting at 2.38p.m.  The Committee then adjourned to reach its decision, with the Interim HR Manager and the Principal Democratic Support Officer present to assist the Councillors in formulating their decision.  At 3.50p.m., the Appellant, their trade union representative, the Chief Officer (Environment) and the HR Partner were recalled to the meeting.) 

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

Resolved:

After careful consideration of both sides and of the verbal presentations and information provided in the bundles, the Committee resolved to uphold the management’s decision to dismiss the Appellant without notice.