Agenda and draft minutes

To elect a Chairman for the meeting. 

Tony Dance was elected as Chairman for the meeting. 

To agree that the Chairman, in consultation with other Members of the Committee, sign the record of the Sub-Committee held on 27 March 2012, outside of the meeting.

It was agreed that the Chairman, in consultation with other Members of the sub-committee, would agree and sign the record of the sub-committee held on 27 March 2012, outside of the meeting. 

To receive apologies for absence. 

There were none. 

The Chairman will announce any late items which do not appear on the main agenda but which he/she has agreed should be considered by reason of special circumstances to be specified in the report. 

The Deputy Monitoring Officer drew the sub-committee’s attention to the additional paperwork that had been circulated late as supplementary agendas.

(a)               Personal interests under the Medway Code of Conduct.

A Councillor who declares a personal interest in a matter, including the nature of the interest, may stay, speak, and vote on the matter.

(b)               Prejudicial interests under the Medway Code of Conduct.

A Councillor who declares a personal and prejudicial interest in a matter, including the nature of the interest, must withdraw from the room and take no part in the debate or vote on the matter.

Councillors who have declared a personal and prejudicial interest may make representations, answer questions and give evidence before leaving the room but only if members of the public are allowed to attend for the same purpose.

If an interest is not declared at the outset of the meeting, it should be disclosed as soon as the interest becomes apparent.

Councillor O’Brien declared a personal interest in item 7 as he knew one of the witnesses in their capacity as Chief Executive of Medway Citizens Advice.  He confirmed that he did not consider him to be a close associate.

This report summarises the content of agenda item 7 which, in the opinion of the proper officer, contains exempt information within one of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Committee to determine whether the press and public should be excluded from the meeting during consideration of documents.

The sub-committee agreed that the press and public be excluded from the meeting during consideration of the exempt material relating to agenda item 7 because consideration of this matter in public would disclose information falling within one or more categories of exempt information contained in Schedule 12A to the Local Government Act 1972, as specified in agenda item 6 and, in all the circumstances of the case, the sub-committee considers that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

This report brings before the Sub-Committee the pre-hearing process paperwork relating to an allegation against a Councillor, which was referred for investigation by the Referrals Sub Committee of the Standards Committee.

This meeting is to consider additional evidence which has been requested to be used in the hearing by the subject member as part of the pre-hearing process.  The sub-committee must consider each piece of additional evidence and whether or not it is admissible and should be used as part of the full hearing. 

Discussion:

The Hearings Sub-Committee of the Standards Committee met to consider the submissions from the subject member relating to the pre-hearing process. 

In relation to the request for witnesses, the sub-committee decided that the written statements should be submitted but that it would not be necessary to hear from the witnesses at the meeting.

In relation to the additional evidence provided, the sub-committee’s view was that these documents be submitted to the full hearing as background information.

Decision:

The sub-committee agreed that the pre-hearing process summary be prepared and circulated to the relevant parties, in accordance with the discussion outlined above.