Agenda and minutes

Resolved:  Councillor Keane is appointed as Chairman of the meeting.

There were none.

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, 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, Peter Hogg, 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 attempted to influence the witness and other officers to process Brighter Borough Payments for work that had already been completed, and that also failed to meet scheme criteria;

·                     the Subject Member submitted repeated requests for the same information from the witness which included:

·                     emails refuting information being provided by the witness and other Democratic Services officers;

·                     emails bringing Places Directorate and other senior officers into the discussions;

·                     emails refuting information being provided and questioning why replies came from the witness as opposed to the Monitoring Officer; and

·                     certain emails being blind copied to the press and a third party;

·                     the Subject Member submitted an email to the Chief Executive, all Councillors and a number of senior officers asking for the witness to be suspended;

·                     the Subject Member left the witness feeling embarrassed, threatened, her position undermined and integrity challenged by doing so; and

·                     although aware of the correct procedure to follow when submitting a complaint about an Officer, the Subject Member chose to raise his concerns with all Members of the Council.

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 only engagement that took place between the witness and the Subject Member was as between an Elected Member, and an employee of the Council; and

·                     the emails and interactions by the Subject Member were in relation to Council business and the witness’ role at Wigan Council.

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,  ...  view the full minutes text for item 4.