Clerk: Mrs. L Rampton

Parish Council Office,

Winscombe Community Centre,

11 Sandford Road, Winscombe,

North Somerset BS25 1JA

Tel: 01934 844257   Fax: 01934 844292

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A Meeting of the Employment & Policies Committee was held on Tuesday 15th June 2010 

9.30 am at the Winscombe Community Centre, Mawson Room

 

Members Present: Mr S Bridges (SB), Mr A Forbes (AF), Ms D Powell (DP), Dr G Rider (GR), Mr C Sampson (CS),

Mr M Williamson (MW)                           Clerk: Mrs L Rampton (LR)         Public: None                 Press:  None

 

In the absence of a committee chairman, it was proposed by CS, seconded by AF, all members in favour that Mr Bridges take the Chair for this meeting.

1

To receive Apologies for Absence – Miss B Roper (BR) & Mrs V McGann (VMcG)

 

2

Declarations of interest. Members were reminded of their need to declare any interests in relation to matters to be considered at this meeting.  GR declared a personal and prejudicial interest in agenda item (5) ‘review of request to disclose information under FOI’ should reference be made to an affordable housing development  on land to the end of Well Close due to ownership of property in the vicinity of the site.

 

3

Minute Update from the Committee  meeting minutes dated 12th April 2010: None

 

4

Public Participation – None

 

 

 

5

To review a request to disclose previously refused information under the Freedom of Information (FOI) Act 2000 as required by the Information Commissioner’s Office (ICO) Recommendation of committee to be submitted to the full Parish Council for decision on 17th June 2010 in accordance with standing order 13 (a)

 

Background – A FOI request has been received for “copies of any formal advice the Parish Council has received regarding the handling of a complaint about the English Rural Housing Association (ERHA) report which lead to the decision to keep the report on the website”.  A further email was then received wishing “to extend this request to include enquiries and supporting information that were sent from the parish council to whoever provided that advice”. This request was initially considered by this committee on 12th April 2010 and a recommendation for refusal made to, and upheld by the full Parish Council at their meeting on 15th April 2010. An exemption from the act under section 42 (1) Legal Professional privilege was claimed as in the circumstances of this case litigation against the Parish Council has been asserted by the complainant on three separate occasions via email (20th Nov 2009, 1st Dec 2009 and 21st Jan 2010).

Written confirmation has now been received from the complainant (signed letter of 13.05.10) that he is happy to be identified as the complainant and verbal confirmation of this was given to the meeting by the complainant now named as Councillor Dr Gavin Rider (GR).  As requested in his letter of 13th May and email of 6th Jun 2010, GR considers that in order to satisfy himself as a Parish Councillor (elected 25th Feb 2010) that the Parish Council is acting lawfully, he needs the requested information to carry out his obligations as a Councillor. In response to a question GR confirmed that he wished the matter to be reconsidered but, as a ‘request from a Parish Councillor’ for information rather than a ‘repeated request for information under FOI to be dealt in accordance with the adopted complaints procedure’.

 In discussion the following points were noted:

a)      GR stated that he has no intention of causing harm to the Parish Council or attacking them by taking legal action. He further stated he is a reluctant Parish Councillor with a dislike of committees but was nominated for the position of Councillor by members of the Hillyfields Action Group. GR considered that more frank and open discussions with parishioners should be encouraged and suggested the Parish Council may have been unaware of certain information when reaching their previous decisions in relation to affordable housing. Closed sessions in meetings are not conducive to openness. In response to a question GR advised that if the matter is not satisfactorily resolved, he would have no option but to report the matter to the police for investigation of fraud.

b)      GR expressed his opinion of some ‘wrong doing’ by ERHA  with these concerns having previously been expressed to ERHA, the Parish Council, North Somerset Council & the Tenants Service Authority (TSA) This issue is ongoing.

c)       The previous assertion of legal and criminal action against the Parish Council (20th Nov 2009, 1st Dec 2009 and 21st Jan 2010) in relation to this issue instigated the Parish Council request for legal advice in this regard.  Advice received  was discussed in ‘closed session’ during meetings as it was considered in the ‘public interest’ to protect advice provided to this authority as reference may be made to this should a litigation case proceed.

d)       Formal advice received on 7th Jun 2010 regarding disclosure of information to a Parish Councillor states that as the matter is not one for current consideration, there seems to be no good reason why GR needs to see the documents in order to fulfil his responsibilities as a Councillor. This matter would change should a motion to reverse the decision be validly tabled.

e)       GR repeated his request for formal advice received prior to him being elected as a Parish Councillor and onto this committee to ensure the correct information/brief has been conveyed to those providing that advice.

f)         Information contained in the advice received on 7th Jun, provided in its entirety to all committee members, has constituted partial release of protected information to GR.

g)       GR advised that his concern for the ERHA 2008 Housing Survey has escalated beyond the TSA and any information released to him will not materially affect a process that is now in place. GR confirmed that he is acting as an individual in his complaint of the report rather than a Parish Councillor.

h)       AF raised concerns that as a Councillor, GR had applied to NSC Standards Committee for dispensation from the adopted Parish Council Code of Conduct to enable him to participate, speak and vote when a particular affordable housing site is discussed at meetings of the council (the request was subsequently refused). It was stressed to GR that he must not use his title of ‘Parish Councillor’ to convey his own views as views of the Parish Council.

In conclusion to the discussions, Councillors considered that it was sensible to protect formal advice received from a FOI request at that time and that Councillor Rider is not entitled to the advice requested now, but can now see no practical purpose in withholding the information from Councillor Rider and the requested information should be released to him.

Proposed by AF, seconded by CS               5 in favour, GR abstained from voting.

 

6

 

Matters for Information – either points of information or subjects for discussion at next meeting –

·         A councillor was reminded of the adopted anti-bullying and harassment policy and cordially requested not to send emails of a threatening tone to a Parish Council employee. The Clerk takes direct instruction from the Parish Council and will not act on a request from one councillor to over-ride the decision of full council. An apology was made to the Clerk by the councillor.

 

 

 

 

 

Date of next meeting:              28th June 2010 at 1pm

 

 

 

 

 

 

 

 

Meeting Closed:                    10.15 am.

 

 

 

 

 

 

 

 

 

Signed _____________________________ Employment & Policies Committee Chairman              

 

 

Date      _____________