Agenda and minutes

Moved from 8th September, Appeals Committee - Tuesday, 21st September, 2021 9.45 am

Venue: Neuadd y Gwendrath - Drefach. View directions

Contact: Kevin Thomas  01267 224027

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Items
No. Item

1.

APOLOGIES FOR ABSENCE.

Additional documents:

Minutes:

Apologies for absence were received from Councillors E. Morgan and D. Williams.

2.

DECLARATIONS OF PERSONAL INTEREST.

Additional documents:

Minutes:

There were no declarations of personal interest.

3.

TO SIGN AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON THE 12TH NOVEMBER 2019 pdf icon PDF 301 KB

Additional documents:

Minutes:

RESOLVED, that the minutes of the meeting held on the 12th November 2019, be signed as a correct record.

 

4.

NOT FOR PUBLICATION

THE REPORTS RELATING TO THE FOLLOWING ITEMS ARE NOT FOR PUBLICATION AS THEY CONTAIN EXEMPT INFORMATION AS DEFINED IN PARAGRAPH 13 OF PART 4 OF SCHEDULE 12A TO THE LOCAL GOVERNMENT ACT, 1972 AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) (WALES) ORDER 2007. IF FOLLOWING THE APPLICATION OF THE PUBLIC INTEREST TEST THE COMMITTEE RESOLVES PURSUANT TO THE ACT TO CONSIDER THESE ITEMS IN PRIVATE, THE PUBLIC WILL BE EXCLUDED FROM THE MEETING DURING SUCH CONSIDERATION.

Additional documents:

Minutes:

RESOLVED that pursuant to Paragraph 13 of Part 4 of Schedule 12A of The Local Government Act 1972, the public be excluded from the meeting during consideration of the following items as the reports contained exempt information and the outcome of the public interest test in these matters was that:

“The reports contained personal information relating to the applicants. Although disclosure would support transparency and accountability, the public interest in maintaining confidentiality outweighed the public interest in disclosure because of the need to protect the identities of the applicants and their families”.

5.

TO CONSIDER AN APPEAL AGAINST DISMISSAL - ENVIRONMENT DEPARTMENT

Additional documents:

Minutes:

Following the application of the public interest test it was UNANIMOUSLY RESOLVED pursuant to the Act referred to in Minute No. 4 above to consider this matter in private, with the public excluded from the meeting, as it would involve the disclosure of exempt information likely to reveal the identity of an individual.

 

The public interest test in this matter related to the appellant’s name and other personal details, being personal data as defined in Section 1 of the Data Protection Act 1988.  The issue to be considered by the Committee was not a matter of public interest.  Disclosure of the information in the report would be unfair and run contrary to the appellant’s right to privacy.  On balance, therefore, the public interest in disclosure was outweighed by the public interest in maintaining confidentiality of the report.

 

The Chair welcomed to the meeting the appellant and his trade union representative, together with the appointed Investigating Officers and HR representative and outlined the protocol which would be followed in hearing the appeal (copies of which were included in the agenda pack).

 

The Committee thereupon proceeded to receive evidence from the Investigating Officers, the appellant and his trade union representative. Both parties were afforded the opportunity of cross-examining the evidence provided and to sum-up, following which they withdrew from the meeting whilst the Committee considered the evidence and representations made.

 

The Committee, having considered all the evidence presented, together with the representations made by the appellant, his trade union representative and the Investigating Officers

 

RESOLVED that the appeal be dismissed and the appellant be advised in writing of the full reasons for the dismissal of the appeal