Agenda and minutes

Members are asked to declare any interest and the nature of that interest that they may have in any items under consideration at this meeting.

There were no declarations of interest.

To confirm as a correct record the Minutes of the meeting held on 22 July 2010.

The minutes of the meeting held on 22 July 2010 were agreed as a correct record and signed by the Chairman.

The following item contains exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

1– Information relating to an individual.

2 – Information which is likely to reveal the identity of an individual.

Members are reminded that whilst the following item has been marked as exempt, it is for the meeting to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation:

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following item of business, on the grounds that it could involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.”

Resolved

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraphs 1, 2 and 4 of Schedule 12A of that Act.

To consider the appeal of the holder of post number ESR232.

The appellant presented their case, supported by the appellant’s representative and questions were invited. The Head of Environmental Services submitted the case on behalf of Cherwell District Council, supported by the Head of People and Improvement and questions were invited.

A witness was called by the Head of Environmental Services and following the presentation of their statement questions were invited.

The Head of Environmental Services made his concluding remarks and the appellant  made their concluding remarks.

The Committee retired to consider the evidence, the Appellant, the Appellant’s Representative, the Head of Environmental Services and the Head of People and Improvement left the meeting.

Resolved

1)    That the appeal of post holder ESR232 be upheld, as in the view of the Panel based on the evidence submitted and presented the issues outlined do not amount to gross misconduct.

(Majority decision)

2)    That management be recommended to issue a final written warning to the holder of post ESR 232.

3)    That the holder of post ESR232 be advised that the panel feel it is in their best interests to accept referrals to Occupational Health.

4)    That the council be recommended to review it’s disciplinary procedures and following a review awareness of the policies should be publicised to staff and management.