Agenda and minutes

Resolved:  That Cllr Kramm be elected to act as Chair of the Sub-Committee.

Members are asked to declare:

·        Any personal interests not included on the Register of Interests

·        Any prejudicial interests or

·        Any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, any prejudicial interests, or any disclosable pecuniary interests, that they might have in the business on the agenda. 

Cllr Wiseman declared a personal interest, as she knew the Subject Member’s legal adviser from the time when they had both been members of City of York Council. 

Ms Davies also declared a personal interest, as she had met the legal adviser at a training course. 

The Monitoring Officer of North Yorkshire County Council, who was acting as Monitoring Officer in this case, indicated that he also knew the legal adviser, who was employed by NYCC as a coroner.

To consider excluding the public and press from the meeting during consideration of agenda item 3 (Complaint against a Member of a Council covered by the Joint Standards Committee - Discussion of Procedural Issues), on the grounds that it contains information relating to an individual.  This information is classed as exempt under paragraph 1 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006.

Resolved:  That the press and public be excluded from the meeting during consideration of Agenda Item 4 (Complaint about a Member of a Council covered by the Joint Standards Committee), on the grounds that it includes information relating to an individual, which is classed as exempt under paragraph 1 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006.

To consider procedural issues in advance of the hearing of a complaint against a member of a council covered by the Joint Standards Committee.

Members discussed procedural issues in relation to the proposed hearing of a complaint against a member of a council covered by the Joint Standards Committee.

The Subject Member and his legal adviser were present at the meeting and took part in the discussions.

Having discussed the relevant issues and taken into account the views of the Independent Persons, Members

Resolved:  (i)      That the hearing be held in public.

(ii)      That only the alleged breaches of paragraphs 3(5), 3(7) and 3(8) of the Code of Conduct be considered at the hearing.

(iii)     That the three witnesses requested by the Subject Member be asked to attend and be questioned at the hearing, but that their names and any other confidential, non-pertinent information be redacted.

(iii)     That the names and job titles of all officers mentioned in the investigators’ report at Appendix 1 and the additional papers at Appendix A to that report be redacted unless their disclosure is pertinent to the case.

(iv)    That a reduced bundle of case papers be prepared for the hearing, to exclude the documents agreed at this meeting as no longer being relevant to the case.

(vi)    That availability be sought in order for a date to be set for the hearing.

Reason:     In order to achieve a balance between individuals’ rights to privacy and the Subject Member’s right to a fair hearing, and to comply with the council’s procedures for Joint Standards hearings.