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Agenda and draft minutes

Venue: Room 1.01 and 1.02 - Bernard Weatherill House, Mint Walk, Croydon CR0 1EA. View directions

Items
No. Item

8.

Apologies for Absence

To receive any apologies for absence from members of the Committee.

Minutes:

The Sub-Committee noted that apologies for absence had been received from Councillor Muhammad Ali, and that Councillor Hamida Ali was attending as his substitute.

9.

Disclosure of Interest

Members and co-opted Members of the Council are reminded that, in accordance with the Council’s Code of Conduct and the statutory provisions of the Localism Act, they are required to consider in advance of each meeting whether they have a disclosable pecuniary interest (DPI), an other registrable interest (ORI) or a non-registrable interest (NRI) in relation to any matter on the agenda. If advice is needed, Members should contact the Monitoring Officer in good time before the meeting.

 

If any Member or co-opted Member of the Council identifies a DPI or ORI which they have not already registered on the Council’s register of interests or which requires updating, they should complete the disclosure form which can be obtained from Democratic Services at any time, copies of which will be available at the meeting for return to the Monitoring Officer.

 

Members and co-opted Members are required to disclose any DPIs and ORIs at the meeting.

 

-        Where the matter relates to a DPI they may not participate in any discussion or vote on the matter and must not stay in the meeting unless granted a dispensation.

 

-        Where the matter relates to an ORI they may not vote on the matter unless granted a dispensation.

-        Where a Member or co-opted Member has an NRI which directly relates to their financial interest or wellbeing, or that of a relative or close associate, they must disclose the interest at the meeting, may not take part in any discussion or vote on the matter and must not stay in the meeting unless granted a dispensation. Where a matter affects the NRI of a Member or co-opted Member, section 9 of Appendix B of the Code of Conduct sets out the test which must be applied by the Member to decide whether disclosure is required.

 

The Chair will invite Members to make their disclosure orally at the commencement of Agenda item 2, to be recorded in the minutes.

Minutes:

There were no additional disclosures of interest.

 

10.

Minutes of Previous Meetings pdf icon PDF 100 KB

To approve the minutes of the meeting held on 30 April 2021 and reconvened on 5 May 2021 and 21 May 2021 and the meeting held on 28 June 2021.

Additional documents:

Minutes:

The minutes of the meeting held on 30 April 2021 and reconvened on 5 May 2021 and 21 May 2021 were agreed as a correct record subject to the removal of ‘QC’ from Sally Robertson’s name.

 

The minutes of the meeting held on 28 June 2021 were approved as a correct record subject to the removal of ‘QC’ from Sally Robertson’s name and the inclusion of Councillor Hamida Ali on the attendance list as a substitute for Councillor Joy Prince.

 

11.

Urgent Business (if any)

To receive notice from the Chair of any business not on the Agenda which should, in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

Minutes:

There were no items of urgent business.

12.

Exclusion of the Press and Public

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

 

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

Minutes:

The following motion was moved by Councillor Hamida Ali, seconded by Councillor Hale and

 

RESOLVED:

 

That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended.

 

13.

Confidential Minutes of Previous Meetings

To approve the confidential minutes of the meeting held on 30 April 2021 and reconvened on 5 May 2021 and 21 May 2021 and the meeting held on 28 June 2021.

Minutes:

The confidential minutes of the meeting held on 30 April 2021 and reconvened on 5 May 2021 and 21 May 2021 were agreed as a correct record subject to the removal of ‘QC’ from Sally Robertson’s name.

 

The confidential minutes of the meeting held on 28 June 2021 were approved as a correct record subject to the removal of ‘QC’ from Sally Robertson’s name.

 

14.

Investigation into Allegations of Misconduct - updated Terms of Reference

To consider the report of the Chief People Officer.

Minutes:

The Sub-Committee considered the report of the Chief People Officer.  Through the Chief People Officer’s introduction and subsequent questioning, the Sub-Committee noted:

 

·        The reasons why investigations had not continued in regard to the former Executive Director of Place and the former Executive Director of Resources and Monitoring Officer as set out in paragraphs 2.4, 2.5 and 3 of the report.

 

·        That the Council had no contractual powers to compel former employees to participate in a disciplinary process.

 

·        That neither employee had instigated any proceedings against the council and that the time limit for instigating any proceedings with an employment tribunal, namely three months, had passed.

 

·        That if either former employee requested a reference, the Council would provide a factual reference only in keeping with case law regarding negligent misrepresentation.

 

At the conclusion of questions and debate, it was

 

RESOLVED:

 

1.     That the rationale for ceasing the disciplinary investigation into the alleged gross misconduct of the former Executive Director of Place be noted and that the amendment of the terms of reference of the Investigation as detailed in section 2 of the report be agreed.

 

2.     That the rationale for the cessation of any disciplinary action against the former Executive Director of Resources and Monitoring Officer be noted.

 

15.

Investigation into Allegations of Misconduct - Progress Update

To consider the report of the Chief People Officer.

Minutes:

The Sub-Committee considered the report of the Chief People Officer.

 

At the outset of the item, Members heard that the third recommendation in the report, in relation to a review of the suspension of the Executive Director of Localities and Resident Pathway, had been withdrawn.  Members further heard that officers would, in accordance with the Joint Negotiating Committee (JNC) model procedure, begin consultation with the Independent Investigator, the Executive Director and management representatives in order for the suspension to be reviewed as soon as possible following the local elections and subsequent annual council meeting.

 

            In considering the report, the Sub-Committee noted the following:

 

·        That the council had considered all other options available to it before deciding to pursue disciplinary allegations of gross misconduct against the Executive Director.

 

·        That delegated powers to officers allowed an extension of the Executive Director’s temporary contract until no later than 30 June 2022, and that any further extensions would be submitted to Members for approval is required.

 

·        That the Independent Investigator would present recommendations to the Council in relation to each of the nine allegations against the Executive Director.

 

Following consideration it was

 

RESOLVED:

 

1.     That the progress of the independent investigation into disciplinary allegations of gross misconduct against the Executive Director of Localities and Residents Pathways be noted.

 

2.     That the extension of the Executive Director of Localities and Residents Pathways fixed term contract until 30 June 2022 be noted.