Agenda and minutes

There were no apologies for absence.

The Committee is asked to consider whether by resolution to exclude the public from the meeting during consideration of the items of business marked with an ‘E’ reference because of the possibility of the disclosure of exempt information.

The Sub Committee sought the view of the Investigating Officer who considered that in this case discussion would involve details of individual(s), including not just the Subject Member, but those of the complainant, complainant’s family, and other individuals referred to in the investigation report.

Although the Sub Committee recognised the public interest in justice being seen to be done, having considered both sides of the argument, it felt that the greater public interest was to maintain the exemption which would also ensure that any future complainant(s) and witnesses were not discouraged from bringing such complaints in the future.

Resolved: Following legal advice, the Sub Committee agrees to exclude the public from  the hearing  on the grounds that Paragraphs 1 and 2 of Schedule 12a of the Local Government Act 1972 applied (information relating to any individual or which is likely to reveal the identity of any individual) as in this case, discussion would involve details of individual(s), including not just the Subject Member, but the witnesses and individuals referred to in the investigation report.

Report of Assistant Director – Legal (Monitoring Officer) attached.

The Sub Committee considered a report of the Investigating Officer, Martyn Kenyon, that requested the Sub Committee consider allegations against a Member, that he had breached the Council’s Members’ Code of Conduct.

The Sub Committee had been notified by the Subject Member, that neither he nor his representative would be attending the hearing. The Sub Committee decided to hear the matter in the Subject Member’s absence, and in doing so took into account the following matters;

·         the Subject Member had been offered a number of opportunities to engage with the process;

·         it had been at Subject Member’s request (through the Chair of the Standards Committee) that hearings against him take place separately, one per week;

·         the complaint had been outstanding for a considerable period;

·         the Subject Member had been aware of the date and time set for the hearing for a reasonable time;

·         the investigating officer was in attendance and had prepared for the hearing to take place; and

·         the hearing had already been postponed on a previous occasion at Subject Member’s request.

The Sub Committee then took into account the oral and written representations of the Investigating Officer, which set out the details of the complaint. 

The Sub Committee agreed the following facts:-

·         the Subject Member did visit the complainants’ address;

·         the Subject Member did engage in a heated argument with one of the complainants; and

·         the Subject Member did attend one of the complainant’s place of work.

The Sub Committee reached these findings taking into consideration the information provided by the Subject Member, but as he had chosen not to attend, they were unable to hear oral evidence from him or question him.

Having considered the view of the Investigating Officer, the written statements provided, the response from the Subject Member and the legal advice provided, the Sub Committee concluded that the Subject Member was acting in his capacity as a Councillor during the incident. This was on the basis that:

·         the Subject Member’s actions were all related to making representations on behalf of a resident;

·         the Subject Member had attended one of the complainant’s place of work in his official capacity;

·         the Subject Member had attended the complainants’ home in response to a request from a neighbour, which related to a Council service; and

·         the Subject Member had not denied that he was acting in his official capacity.

Having determined that the Subject Member had been acting in his official capacity at the relevant time the Sub Committee were advised that following his investigation, the Investigating Officer had concluded that the Subject Member had breached the Code of Conduct under the following article:-

·           Paragraph 5 – You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or the Council into disrepute.

In reaching this conclusion, the Sub Committee took into account the evidence that the complainants’ child had been upset by the confrontation.  The Sub Committee also took into account that one of the complainants had accepted that  ...  view the full minutes text for item 9.