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Contact: Rachel Graves Democratic Services Officer
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Declarations of Interest To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda Minutes: Councillor M Jones, in attendance as Leader of the Council, declared a potential personal and prejudicial interest in Item 5 – Review of Staff Conduct in relation to Lyme Green, as he had been the Portfolio Holder for Resources at the time of the events.
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Public Speaking Time/Open Session In accordance with Procedure Rules Nos.11 and 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.
Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.
Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. It is not required to give notice of the intention to make use of public speaking provision, however, as a matter of courtesy, a period of 24 hours notice is encouraged.
Minutes: There were no members of the public present.
The Chairman announced that the Councillors in attendance would be allowed to stay in the meeting during consideration of the item in Part 2 but would take no part in the consideration of the matter. |
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Exclusion of the Press and Public The report relating to the remaining item on the agenda has been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.
The Committee may decide that the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.
Minutes: RESOLVED:
That the press and public be excluded from the meeting during the consideration of the following item pursuant to Section 100(A) 4 of the Local Government Act 1972 as amended on the grounds that they involved the disclosure of exempt information as defined in Paragraph 4 of Part 1 of Schedule 12A of the Local Government Act 1972 and public interest would not be served in publishing this information.
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Review of Staff Conduct in Relation to Lyme Green
To agree the steps to be taken to review the conduct of staff involved in the Council’s proposal to build a waste transfer station at Lyme Green Depot, following the report to the Audit and Governance Committee Meeting on 14th June 2012. Additional documents:
Minutes: Councillor M Jones stated that he had been asked by the Audit and Governance Committee to start the process for the review into the conduct of staff and asked the Staffing Committee to agree that an independent review should take place and the Committee to agree the Terms of Reference for this review. Having previously declared a potential personal and prejudicial declaration of interest he left the meeting prior to consideration of the report.
The Committee considered a report on the steps to be taken to review the conduct of staff involved in the Council’s proposals to build a waste transfer station at Lyme Green Depot, following the report to the Audit and Governance Committee on 14 June 2012.
The report considered by the Audit and Governance Committee highlighted a number of failings relating to Finance and Contract Procedure Rules, the Planning Process, Project Management, Budgetary Control and Governance arrangements.
The Audit and Governance Committee had resolved that:
“The Council, in accordance with its staffing policies, instigate an immediate independent review of the conduct of staff mentioned in the report and consider whether there is a case for appropriate disciplinary or other action to be pursued, the review to include consideration on whether the public or any Members were misled.”
It was proposed that an independent review be undertaken into the conduct of staff involved in the proposal to build the waste transfer station. In order to commence this process, the Staffing Committee was required to agree the Terms of Reference. Advice on drafting the Terms of Reference had been sought from the North West Employers Organisation.
The process for the appointment and dismissal of council officers, including senior officers, was provided for in the Local Authorities (Standing Orders) (England) Regulations 2001. It was noted that a ‘designated independent person’ would need to be appointed to investigate allegations of misconduct by statutory officers and that this person must be agreed on by those being investigated otherwise the designated independent person would be nominated by the Secretary of State. The Regulations required that the designated independent person recommend any disciplinary action that appeared to be appropriate.
It was agreed that a Staffing Sub Committee would be appointed to proceed with the commissioning of the review. The Sub Committee would also take the decision on any disciplinary or other action to be taken based on the designated independent person’s report. The Sub Committee could impose a lesser sanction than that recommended but it could not impose a greater sanction.
Members who were nominated to the Sub Committee confirmed that they had not been involved in the issues under consideration and were not prejudiced in any way. The nominated Members are Councillors H Murray and D Newton.
RESOLVED: That
(1) an Independently Appointed Investigation be commissioned into the conduct of any individual who contributed, or should have contributed, to the Lyme Green Waste Transfer Station project.
(2) a Sub Committee of the Staffing Committee be appointed to proceed with the commissioning of ... view the full minutes text for item 4. |