Agenda and draft minutes

There were none.

To agree the public minutes of the meeting held on 29 January 2016.

The Sub-Committee approved the minutes of the last meeting.

Resolved:- That the minutes of the last meeting held on 29^th January 2016 be approved.

There were none.

There was none.

Motion-  That under Section 100(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Local Government Act.

The Sub-Committee considered whether the remaining items of business should be considered in closed session following an exclusion of the press and public in accordance with the Local Government Act.  Members considered whether it was in the public interest to apply an exemption on the grounds that the remaining business (principally item 8) concerned information relating to an individual (paragraph 1, Schedule 12A of the Local Government Act).  It was noted that whilst the decision notice would naturally be published in the public domain, the evidence and associated papers relevant to the complaint before Members had thus far been exempt under paragraph 1. 

The Sub-Committee considered representations from the Complainant and the Respondent and, on the grounds that they had no objections and the that public interest in relation to the conduct of a holder of public office outweighed the possibility for maintaining the exemption, following a brief adjournment it was AGREED that Item 8 of the agenda (Complaint by LM against JC – Points of clarification) would be considered in public session and all relevant documentation would be made publicly accessible.

Resolved unanimously:- That the motion to exclude the press and public be not approved.

The Sub-Committee considered the non-public minutes of the last meeting on 29^th January 2016, which had since become a public document.

Resolved:- That the previously restricted non-public minutes of the last meeting on 29^th January 2016 be approved.

The Sub-Committee considered and approved the procedure for hearing the complaint.

Resolved:- That the procedure for hearing the complaint be approved.

The Chairman outlined the procedure for hearing the complaint, a copy of which had been circulated in advance to Members of the Sub-Committee, Officers, the Complainant and the Respondent.  He explained that whilst cross-examination of the witnesses would not be permitted, the Panel would give consideration to putting questions on behalf of the Complainant or the Respondent.  It was noted that the witnesses would be heard in the following order following an opening statement from the Monitoring Officer:-

·         Leighton McDonnell (Complainant)

·         Nicholas Gill

·         Trevor Nelson

·         Steve Ivers

·         John Black

·         Deputy John Chapman (Respondent)

The Monitoring Officer provided a brief introduction to his report and the investigation into the complaint which had been undertaken at the request of the Sub-Committee.  He referred to the boundaries of legitimate Ward Member activities and reminded Members that as the boundaries were now determined at a local level it was therefore for the Sub-Committee to decide whether the accepted boundaries had been breached by Mr Deputy Chapman.  In respect of Member/officer interaction, it was noted that officers had to determine whether requests from Members were appropriate.

Opening Statements – Complainant and Respondent

Mr McDonnell presented his opening statement, a written copy of which had been tabled to all those present.  He summarised the key facts and referred to specific examples of evidence which he believed demonstrated that Mr Deputy Chapman had acted inappropriately and influenced management decisions at Leadenhall Market, including the waiving of fees.

Mr Deputy Chapman then presented his opening statement and a summary of key points was, with the Chairman’s consent, tabled to all those present.  Mr Deputy Chapman referred to the additional information that Mr McDonnell had submitted to the Panel (as set out in the agenda) and commented on the accusations that had been made against himself and a number

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There was no additional business.