Agenda and draft minutes

Adjudication & Review Committee- Member Review Panel - Thursday, 18th October, 2012 7.00 pm

Venue: Havering Town Hall

Contact: Ian Buckmaster (01708) 432431  e-mail:  ian.buckmaster@haverning,gov.uk

Items
No. Item

1.

CHAIRMAN'S ANNOUNCEMENTS

The Chairman will announce details of the arrangements in case of fire or other events that might require the meeting room or building’s evacuation

Minutes:

The Chairman gave details of the action required in case of fire or other event requiring the evacuation of the meeting room.

2.

APOLOGIES FOR ABSENCE AND ANNOUNCEMENT OF SUBSTITUTE MEMBERS

(If any – receive)

Minutes:

There were no apologies received.

3.

DISCLOSURE OF PECUNIARY INTERESTS

Members are invited to disclose any pecuniary interest in any of the items on the agenda at this point of the meeting.

 

Members may still disclose any pecuniary interest in any item at any time prior to the consideration of the matter.

Minutes:

There were no disclosures of interest.

4.

EXCLUSION OF THE PUBLIC

To consider whether the public should now be excluded from the remainder of the meeting on the grounds that it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public were present during these items there would be disclosure to them of exempt information within the meaning of paragraph 1 of Schedule 12A to the Local Government Act 1972; and, if it is decided to exclude the public on these grounds, the Hearings Panel to resolve accordingly on the motion of the Chairman.

Minutes:

The Panel resolved that the public should now be excluded from the remainder of the meeting on the grounds that it was likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public were present during these items there would be disclosure to them of exempt information within the meaning of paragraph 1 of Schedule 12A to the Local Government Act 1972; and it was therefore decided to exclude the public on these grounds.

5.

CONSIDERATION OF AN ALLEGATION OF A BREACH OF THE MEMBERS' CODE OF CONDUCT

To consider the attached Initial Assessment Report (containing exempt information and not available to the press or public)

Minutes:

The Panel heard that the complaint related to remarks made by Councillor A at a meeting of full Council where he had questioned the award of a reablement tender and stated that, in his view, the successful tenderer must have employed workers of Asian origin who would work for lower wages and not be aware of their rights.

 

The advice of the Monitoring Officer was that the new Code of Conduct, introduced in July 2012, was relevant to this case. The only sections of the Code that would apply directly to this case were as follows:

 

  • Valuing colleagues and staff and engaging them in an appropriate manner and one that underpins the mutual respect between Members and Staff that is essential to good local government.

 

  • Always treating people with respect, including the organisations and public they engage with and work alongside.

 

In discussion, the Panel noted the Monitoring Officer’s view that Councillor A was not casting aspersions on any one individual and in fact supported the overall views made by the complainants. The Panel agreed that Councillor A’s remarks were not disrespectful but remained concerned that Councillor A should consider what he says more carefully in future.

 

The Sub-Committee was reminded that it was required to reach one of the following decisions on a complaint about a Member’s actions in relation to the Code of Conduct:

 

  • Require the Monitoring Officer to seek further clarification of the person making the allegation and adjourn to reconvene when that clarification is to hand.

 

  • Dismiss the allegation as showing no, or insufficient, evidence of a breach warranting further investigation.

 

  • Require the Monitoring Officer formally to investigate the allegation and, upon completion of the investigation to report thereon to a hearings panel.

 

Decision

 

The Panel AGREED to ask the Monitoring Officer to meet Councillor A, make him aware of the Committee’s concerns and seek to persuade Councillor A to send a written apology for his remarks to the complainants.