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 5 December 2011 and 16 May 2012 (attached for Committee Members only).

The minutes of the meetings held on 5 December 2011 and 16 May 2012 were agreed as correct records 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.

4 - Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister and employees of, or office holders under the authority.

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, 2 and 4 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 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, 2 and 4 of Schedule 12A of that Act.

The Panel considered an appeal by post holder ESR232.

The appellant had been notified of the meeting in accordance with the Council’s disciplinary policy but was not in attendance at the meeting. The Council’s Disciplinary Policy stated that “The failure of a part to attend an appeal shall not prevent the appeal to be considered”. Having allowed a period of fifteen minutes to elapse from the published start time to allow for your late arrival and officers attempts to try and contact the appellant, with reluctance the Appeals Panel unanimously determined to continue with the hearing in the absence of the appellant.

The Panel noted that despite having been provided with every opportunity the appellant had decided not to submit any evidence for the appeal or put forward any witnesses.

The Head of Law and Governance, submitted the case on behalf of Cherwell District Council, supported by the HR Manager and questions were invited.

Four witnesses were called by the Head of Law and Governance and questions were asked of each of the witnesses by the Head of Law and Governance and the Panel.

The Head of Law and Governance made his concluding remarks.

The Panel retired to consider the written evidence provided by the management side and the evidence provided at the hearing by the management side and the witnesses they called. The Head of Law and Governance and the HR Manager left the meeting.

Resolved

(1)               That the appeals of post holder ESR232 be dismissed, as in the view of the Panel there was insufficient evidence to support the grounds of the appeal.  

(Unanimous decision)