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Agenda, decisions and minutes

Venue: Clinton Room - Committee Suite - County Hall

Contact: Karen Strahan 01392 382264  Email: karen.strahan@devon.gov.uk

Items
Note No. Item

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19.

Items Requiring Urgent Attention

Items which in the opinion of the Chair should be considered at the meeting as a matter of urgency.

Minutes:

There was no item raised as a matter of urgency.

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20.

Exclusion of the Press and Public

Recommendation: that the press and public be excluded from the meeting for the following items of business under 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 and 2 of Schedule 12A of the Act namely, information relating to an individual and information likely to reveal the identity of an individual and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Decision:

RESOLVED: that the press and public be excluded from the meeting for the following items of business under 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 and 2 of Schedule 12A of the Act namely, information relating to an individual and information likely to reveal the identity of an individual and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

It was MOVED by Councillor Hall, SECONDED by Councillor Bailey, and

 

RESOLVED: that the press and public be excluded from the meeting for the following items of business under 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 and 2 of Schedule 12A of the Act namely, information relating to an individual and information likely to reveal the identity of an individual and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

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21.

Allegation of Breach of Members Code of Conduct

Documentation enclosed and attached as follows:

Additional documents:

Decision:

It was MOVED by Councillor Hall, SECONDED by Mrs Mayes that the Sub Committee recommend the Assistant County Solicitor further investigate the allegations and ask the Standards Committee to consider and determine whether there had been a breach of the Code of Conduct and if so, any course of action it feels appropriate.

 

The Motion was put to the vote and was declared tied, therefore in accordance with standing order 32(3), the Chair exercised his second vote in favour of the Motion, which was therefore CARRIED.

 

(in line with the Procedure agreed under Standards Minute *18, Mrs Mayes asked that her support for the approved resolution be recorded)

Minutes:

The Assistant County Solicitor presented the Assessment Sub-Committee with the following documentation;

 

·         Constitution - Part 6a (Code of Personal Conduct) Members Code of Conduct;

·         Guidance/Procedural Note for the Assessment Determination of Allegations of Breaches of the Code of Conduct for Members;

·         Initial Complaint documentation;

·         the Subject Member’s response to the complaint; and

·         Comments from the Independent Person

 

relating to a complaint received on an alleged breach of the Members Code of Conduct.

 

He summarised the nature of the allegations and also the subject Members response to those complaints.

 

The Sub-Committee considered all of the documentation referred to above with a view to determining whether or not the allegations appeared to disclose a failure to observe the code of conduct and then, if it judged such an appearance of failure, whether the matter merited investigation (with any investigation report to be presented in due course to the Standards Committee for determination) or whether they would wish to pursue or agree some other course of action.

 

The Sub Committee also noted the views of the Independent Person, from the email documentation contained within the Reports pack.

 

It was MOVED by Councillor Hall, SECONDED by Mrs Mayes that the Sub Committee recommend the Assistant County Solicitor further investigate the allegations and ask the Standards Committee to consider and determine whether there had been a breach of the Code of Conduct and if so, any course of action it feels appropriate.

 

The Motion was put to the vote and was declared tied, therefore in accordance with standing order 32(3), the Chair exercised his second vote in favour of the Motion, which was therefore CARRIED.

 

(in line with the Procedure agreed under Standards Minute *18, Mrs Mayes asked that her support for the approved resolution be recorded)


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