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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

37.

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.

38.

Request for a Dispensation pdf icon PDF 73 KB

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

 

Decision:

Decision Monitoring Form

 

 

 

Forward Plan Ref.

N/a

Report Title

To consider a request for a dispensation from Councillor Lee Dillon to speak and vote at Full Council meetings where the 2016/16 budget is discussed. He also requested a dispensation to speak at Executive meetings where the 2016/17 budget was discussed.

Recommended Action

To consider a request for a dispensation to speak and vote at Full Council meetings submitted by Councillor Lee Dillon in relation to the 2016/17 budget.

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 refuse the dispensation or to grant permission to speak and vote on the 2016/17 budget at Full Council meetings.

 

Taken by

Governance and Ethics committee

Date taken

22 February 2016

Publication Date

26 February 2016

Interests

As Councillor Dillon is a Member of the Governance and Ethics Committee he took no part in the debate and did not vote on this item.

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 the request for a dispensation had come from him.. 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 Lee Dillon to speak and vote at Council meetings where the 2016/17 budget was being discussed.

The Monitoring Officer advised that Councillor Dillon had no higher management responsibility in the Warden Service as he was employed in a different part of the employer’s organisational structure. He felt that Members needed to determine whether members of the public would consider the public interest would not be served as a result of his position by the impact on his employer. The granting or otherwise of a dispensation would not impact on the quorum for Council. .

 

All three Independent Persons (IPs) were consulted. Lindsey Appleton stated that as a direct employee of Sovereign Housing Councillor Dillon would have a potential conflict of interest. She acknowledgedthat his six years’ experience and knowledge was relevant and that he was employed within a different organisational structure. She also acknowledged his declaration of non- pecuniary interests at Thatcham Town Council meeting.  However she felt that his close proximity to the employer was clearand therefore  the perception from the public would be such that public interest might not be deemed served. She was therefore minded not to grant a dispensation in this case.

James Rees commented that due to the potential perception of bias Councillor Dillon should be able to speak but not vote at Council meetings where the 2016/17 budget was discussed. He was also of the view that Councillor Dillon should be able to speak at Executive meetings where the budget was discussed.

            Mike Wall was of the view that Councillor Dillon should be able to speak but not vote at Council where the 2016/17 budget was discussed. He supported granting a dispensation for Councillor Dillon to speak at Executive meetings where the 2016/17 budget was discussed.

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

Councillors Jeff Beck and Graham Bridgman stated that a dispensation should be granted. for all discussions on the 2016/17 budget. Provided that Councillor Dillon declared an interest, by virtue of his employment with Sovereign Housing Association, he should be able to speak at any meeting of the Executive or Council on any aspect of the 2016/17 budget. Councillor Dillon should not be able to vote at any meeting of the Council where the vote pertained only to a specific 2016/17 budget item relating, in whole or in part , to a housing  ...  view the full minutes text for item 38.