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Agenda, decisions and minutes

Venue: Council Chamber Council Offices Market Street Newbury

Contact: Andy Day/Moira Fraser/Stephen Chard 

Items
No. Item

35.

Declarations of Interest

To remind Members of the need to record the existence and nature of any Personal, Disclosable Pecuniary or other interests in items on the agenda, in accordance with Members’ Code of Conduct.

Minutes:

Councillor Lee Dillon declared an interest in Agenda Item 3, and reported that, as he had an other interest he would not be taking part in the discussion or voting on this item.

36.

Request for a Dispensation pdf icon PDF 72 KB

Purpose: To consider an application for a dispensation from Councillor Marcus Franks to speak and vote at Full Council and Executive meetings where the 2016/16 budget is discussed.

 

Decision:

Decision Monitoring Form

 

Forward Plan Ref.

N/a

Report Title

Request for Dispensation 

Recommended Action

To consider a request for a dispensation from Councillor Marcus Franks to speak and vote at Full Council and Executive meetings where the 2016/16 budget is discussed.

Decision taken

Grant Request for a Dispensation

Dispensation will permit Member to speak but not vote on items pertaining to discussions on the 2016/7 budget.

Dispensation is granted for all Council and Executive meetings where the 2016/17 budget is discussed.

Reason for Decision being taken

To ensure that the Standards Committee is carrying out its duties under the Localism Act 2011

Other options considered:

To grant the dispensation

 

Taken by

Governance and Ethics Committee.

Date taken

17 February 2016

Publication Date

24 February 2016

Interests

Councillor Lee Dillon declared an other interest in Agenda item 3 by virtue of the fact that he was employed by the same organisation as Councillor Franks.. As his interest was personal and prejudicial he took no part in the debate or voting on the matter.

Dispensation

Dispensation to grant dispensations is set out in Appendix H (Code of Conduct for Members) Appendix 2 (Dispensations under the Localism Act 2011) in Part 13 (Codes and Protocols) of the Council’s Constitution.

 

 

 

This decision is not eligible for ‘call-in’ as delays in implementation could compromise the Council’s position.

 

If you have any queries regarding this decision, please contact:

Moira Fraser, Democratic and Electoral Services Manager on Ext 2045

e-mail: mfraser@westberks.gov.uk

 

Minutes:

(Councillor Lee Dillon declared an other interest in Agenda item 3 by virtue of the fact that he was employed by the same organisation as Councillor Franks.. As his interest was personal and prejudicial he took no part in the debate or voting on the matter).

The Committee considered a report (Agenda Item 3) which pertained to an application for a dispensation from Councillor Marcus Franks to speak and vote at Council and Executive meetings where the 2016/17 budget was being discussed.

The Monitoring Officer noted that the Councillor’s interest arose as a result of his employment with a body whose funding might be affected by decisions of the Council. Councillor Franks had a good deal of knowledge and experience in this area and his participation might assist the Council in its decision making but Members needed to determine whether his proximity to his employer was such that members of the public would consider the public interest would not be served. The granting or otherwise of a dispensation would not impact on the quorum for Executive or Council.

All three Independent Persons (IPs) were consulted.

Lindsey Appleton stated that Councillor Franks, “as Community Investment Co-ordinator would be too close to this subject and I feel he potentially has a conflict of interest. His proximity to the employer and indeed, the role he has there, is such that he could not be deemed impartial and therefore the public interest would not be served. I acknowledge he may have good knowledge and experience but feel public perception may be that a conflict exists. I would therefore be minded to not grant a dispensation.’

James Rees commented that the community would benefit from Councillor Franks’ input into the discussion and therefore he should be permitted to speak but not vote at Council and Executive meetings where the 2016/17budget was discussed.

Mike Wall was of the view that Councillor Franks should be able to speak but not vote at Council and Executive meetings where the 2016/17 budget was discussed.

Councillor Anthony Pick stated that he felt that a dispensation should be granted to Councillor Franks to speak and vote at Council and Executive meetings where the 2016/17 budget was being discussed.

Councillors Jeff Beck and Graham Bridgman stated that a dispensation should be granted. They stated that provided that he declared an interest by virtue of his employment with Sovereign Housing, Councillor Franks should be able to speak at any meeting of the Executive or Council on any aspect of the 2016/17 budget. However he should not be able to vote at any meeting of the Executive or Council where the vote pertained only to a specific 2016/17 budget item relating in whole or in part to a housing association or housing associations generally including the Neighbourhood Warden Scheme. Provided that he declared an interest by virtue of his employment with Sovereign Housing, Councillor Franks should be able to vote at any meeting of the Executive or Council where the vote  ...  view the full minutes text for item 36.