Minutes for Standards Committee - Assessment Sub-Committee meeting, Aug 27 2009, 3.00PM official page

To consider any appeals in accordance with Procedure Rule 25 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 25, written notice of an appeal must be received by the Chief Democratic Services Officer at least 24 hours before the meeting)

There were no appeals against refusal of inspection of documents in accordance with Procedure Rule 25 of the Access to Information Procedure Rules.

1.      To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2.      To consider whether or not to accept the officers recommendation in respect of the above information.

3.      If so, to formally pass the following resolution:-

RESOLVED – That the press and public be excluded from the meeting during

consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:-

RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:-

The final reports and bundles of evidence of the investigating officer in relation to investigations into complaints against Members, referred to under Minute 16 and 17, which are classified as exempt under Access to Information Procedure Rule 10.4 (7c). Members agreed that the public interest in maintaining the exemption at this stage of the process, namely the consideration function, outweighed the public interest in disclosing the information.

To identify items which have been admitted to the agenda by the Chair for consideration.

(The special circumstances shall be specified in the minutes)

There were no late items submitted to the agenda by the Chair for consideration.

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members’ Code of Conduct.

No declarations of interest were made at this point, however a declaration was made at a later point in the meeting (Minute 17 refers).

To consider the final report of the investigator and decide whether to accept the investigator’s finding, or whether to refer the matter to a hearing.

The Assistant Chief Executive (Corporate Governance) submitted a report setting out the findings of the Investigating Officer in a Code of Conduct investigation into a complaint against a Member. The investigation followed the submission of a complaint to the Assessment Sub-Committee, who had resolved to refer part of the complaint for investigation.

Appendix 1 to the report was designated as exempt under Access to Information Procedure Rule 10.4 (7c).

The Investigating Officer was present at the meeting to present her findings and to respond to any questions from Members.

Members agreed that the Councillor had not been acting in his official capacity at the time of the incident. Members therefore agreed to accept the Investigating Officer’s finding that there had been no failure to comply with the code of conduct.

Members then considered whether they wished to make any recommendations to the relevant authority as a result of the complaint and investigation. The Committee asked the Monitoring Officer to discuss the matter further with the Member concerned.

RESOLVED – Members of the Standards Committee resolved to accept the Investigating Officer’s finding of no failure.

To consider the final report of the investigator and decide whether to accept the investigator’s finding, or whether to refer the matter to a hearing.