21 November 2001

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 21 November 2001 at 7.00 pm

PRESENT

Mr Alex A Macdonald (Chairman)

Mr Roderick J Murray (Vice-Chairman)

Mr Angus Campbell

Mrs Katie M Mackenzie

Mr Philip R McLean

Mr Malcolm J Macleod

Mr Donald I Nicholson

Mr Iain Morrison

Mr Norman M Macleod

Mr Roderick Morrison

Mrs Morag Munro

Mr Norman A Macdonald

Mr Donald Macdonald

Mr Angus M Graham

Mr Archie K Campbell

Mr Malcolm J Graham

Mr Donald Maclean

Mr Ian M Macleod

Mr James L McArthur

Mr George Lonie

Mrs Mary Bremner

Mr Angus Nicolson

Mr Ronald J Mackinnon

Mr Murdo Macleod

Mr David Blaney

Mr Norman L Macdonald

Mr Donald Manford

Mr Alasdair G Macrae

APOLOGIES

Mr Donald J Macsween

Mr Finlay Morrison

Prayer

The Meeting was opened with prayer led by Mr Murdo Macleod

PERSONNEL

It was agreed that, in accordance with the provisions of Section 50A (4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of the following item, on the grounds that exempt information as defined in paragraph 1 of Schedule 7A of the Act would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee, or a particular office-holder or former office-holder or applicant to become an office-holder under the Comhairle.

Consideration of a Request to set up a Preliminary Examination

22

The Director of Corporate Services submitted a Report indicating that the meeting had been called by the Convener to consider the following.

(a) to hear any questions in connection with the Chief Executive;

(b) to determine whether to appoint a panel to carry out a preliminary and careful examination of questions raised by members;

(c) if a decision is taken to set up such a panel, to appoint at least 3 members to the group

The procedure of writing to the establishment of a preliminary investigation panel were set out in the Report.

The Chairman asked if any member or members had any questions to raise in connection with the Chief Executive.

A member raised two questions in connection with the Chief Executive.

Mr Donald Maclean, seconded by Mr James L McArthur, moved that the Comhairle determines to carry out a preliminary and careful examination of the questions raised by an elected member.

Mr Angus Nicolson, seconded by Mr Angus M Graham, moved as an amendment that:

(1) the Comhairle determines to proceed no further with this matter under any disciplinary procedure, but that the Convener write to the Chief Executive seeking explanations in respect of the questions raised by Members.

(2) the Director of Corporate Services write to COSLA expressing the Comhairle's concern that the disciplinary procedure, as amended in 1998, is unsuitable for independent councils in that it results in unnecessary publicity and appears to be designed to prevent the misuse of power in party controlled councils.

On the matter being put to the vote, the motion received the majority of votes cast and became the finding of the Meeting.

The Chairman called for nominations of Members to serve on the preliminary investigation panel.

It was agreed to appoint the following members to serve on the preliminary investigation panel, each member having been duly moved and seconded.

Mr Angus Nicolson

Mr Norman L Macdonald

Mrs Morag Munro

PRESENT	Mr Alex A Macdonald (Chairman)
	Mr Roderick J Murray (Vice-Chairman)	Mr Angus Campbell
	Mrs Katie M Mackenzie	Mr Philip R McLean
	Mr Malcolm J Macleod	Mr Donald I Nicholson
	Mr Iain Morrison	Mr Norman M Macleod
	Mr Roderick Morrison	Mrs Morag Munro
	Mr Norman A Macdonald	Mr Donald Macdonald
	Mr Angus M Graham	Mr Archie K Campbell
	Mr Malcolm J Graham	Mr Donald Maclean
	Mr Ian M Macleod	Mr James L McArthur
	Mr George Lonie	Mrs Mary Bremner
	Mr Angus Nicolson	Mr Ronald J Mackinnon
	Mr Murdo Macleod	Mr David Blaney
	Mr Norman L Macdonald	Mr Donald Manford
	Mr Alasdair G Macrae

APOLOGIES	Mr Donald J Macsween	Mr Finlay Morrison

Prayer		The Meeting was opened with prayer led by Mr Murdo Macleod

		PERSONNEL
		It was agreed that, in accordance with the provisions of Section 50A (4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of the following item, on the grounds that exempt information as defined in paragraph 1 of Schedule 7A of the Act would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee, or a particular office-holder or former office-holder or applicant to become an office-holder under the Comhairle.
Consideration of a Request to set up a Preliminary Examination	22	The Director of Corporate Services submitted a Report indicating that the meeting had been called by the Convener to consider the following. (a) to hear any questions in connection with the Chief Executive; (b) to determine whether to appoint a panel to carry out a preliminary and careful examination of questions raised by members; (c) if a decision is taken to set up such a panel, to appoint at least 3 members to the group The procedure of writing to the establishment of a preliminary investigation panel were set out in the Report. The Chairman asked if any member or members had any questions to raise in connection with the Chief Executive.
		A member raised two questions in connection with the Chief Executive. Mr Donald Maclean, seconded by Mr James L McArthur, moved that the Comhairle determines to carry out a preliminary and careful examination of the questions raised by an elected member. Mr Angus Nicolson, seconded by Mr Angus M Graham, moved as an amendment that: (1) the Comhairle determines to proceed no further with this matter under any disciplinary procedure, but that the Convener write to the Chief Executive seeking explanations in respect of the questions raised by Members. (2) the Director of Corporate Services write to COSLA expressing the Comhairle's concern that the disciplinary procedure, as amended in 1998, is unsuitable for independent councils in that it results in unnecessary publicity and appears to be designed to prevent the misuse of power in party controlled councils. On the matter being put to the vote, the motion received the majority of votes cast and became the finding of the Meeting. The Chairman called for nominations of Members to serve on the preliminary investigation panel.
		It was agreed to appoint the following members to serve on the preliminary investigation panel, each member having been duly moved and seconded. Mr Angus Nicolson Mr Norman L Macdonald Mrs Morag Munro