Wrthi'n llwytho
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RESOLVED a) That the matter be referred to a Designated Independent Person in view of the Threshold Test having been satisfied. b) That delegated authority be granted to the Monitoring Officer, in consultation with the Chair, to deal with procedure matters in relation to the appointment of a Designated Independent Person.
There were no declarations of interest.
Councillor Tony Wilcox Moved that the public be excluded from the meeting; Seconded by Councillor Jon Harvey. The vote, undertaken by way of a show of hands, was carried. RESOLVED That the public be excluded from the meeting for the following item of business in accordance with Section 100A(4) of the Local Government Act 1972 as it involves the likely disclosure of exempt information as defined in Paragraphs 12 and 13 of Part 4 of Schedule 12A to the Act; and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information The webcast of the meeting was then paused.
Y penderfyniad fel y'i cofnodwyd
RESOLVED a) That the matter be referred to a Designated Independent Person in view of the Threshold Test having been satisfied. b) That delegated authority be granted to the Monitoring Officer, in consultation with the Chair, to deal with procedure matters in relation to the appointment of a Designated Independent Person.
Having convened in private session under the terms of Paragraphs 12 and 13 of Part 4 of Schedule 12A to the Local Government Act 1972, the Sub-Committee considered a report by the Chief Executive in relation to the Statutory Officer Disciplinary Procedure. The Sub-Committee was reminded that at its meeting on 9 August 2024 it had commissioned a Preliminary Independent Investigation into the actions or omissions of a Statutory Officer in relation to a specific matter. The Chair welcomed Christine Bradley, Preliminary Independent Investigator, and invited her to present her detailed report in relation to the Statutory Officer. The Investigator took the Committee through each section of her report highlighting the key issues therein as well as the circumstances surrounding them. The Statutory Officer was given the opportunity to ask questions on the report. The Sub-Committee then debated the contents of the report and sought clarification from the Investigator in regards to specific points, to which she explained further. The Statutory Officer then made their representations and explained the issue from their perspective. They also referred to the written submission provided to the Sub-Committee in response to the Investigator’s report. They considered that the report was not balanced in their opinion, used language which they would not have used and provided a negative portrayal of themself. Reference was made to the long hours having to be worked to stay on top of workload and the pressurised environment they worked within to provide context. In summary, they accepted the mistake made and the need to learn from it. The Chair thanked the Statutory Officer for their representation. The Sub-Committee then put questions to the Statutory Officer and they responded accordingly. The Preliminary Independent Investigator and the Statutory Officer then left the meeting. Sarah Lamont, from Bevan Brittan LLP, then provided legal advice to the Sub-Committee. She stated the Sub-Committee now needed to determine the following: • Whether the Threshold Test has been satisfied and, therefore, referral to a Designated Independent Person is required, or • If the threshold test is not satisfied, whether any further steps are required for the Statutory Officer. The Sub-Committee considered the matter of whether the Threshold Test had been met following guidance of what constituted the Threshold Test. It was noted that the threshold bar was quite low. The Legal Adviser stated that the Sub-Committee needed to be assured that it had the full information before it to decide whether the threshold had been met based on report of the Preliminary Independent Investigator given that it had not provided any findings on the facts of the case. The Sub-Committee was advised that if it was in any doubt, the referral to a Designated Independent Person would provide a full report with findings of fact and any recommendations. The Legal Adviser stated that the referral to a Designated Independent Person provided protection to the Statutory Officer and was not a prejudgement; and confirmed that mitigation would be considered as part of any recommendations. The matter of whether the Threshold Test had been satisfied was put to the vote and it was carried. RESOLVED a) That the matter be referred to a Designated Independent Person in view of the Threshold Test having been satisfied. b) That delegated authority be granted to the Monitoring Officer, in consultation with the Chair, to deal with procedure matters in relation to the appointment of a Designated Independent Person.
Rhaid i gynghorwyr ddweud pan fydd ganddyn nhw gysylltiad personol â rhywbeth sy'n cael ei drafod, fel swydd, eiddo neu aelod o'r teulu. Mae buddiant sy'n rhagfarnu yn ddigon cryf i'r cynghorydd adael yr ystafell fel arfer a pheidio â chymryd rhan.
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Yn rhestru cynghorwyr presennol y cyngor yn unig. Nid yw aelodau cyfetholedig, swyddogion a chyn-gynghorwyr yn cael eu dangos.