Agenda and minutes

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:-

·                     on the 8 November 2013 former Councillor, Emma McGurrin was given a badge by an Officer of the Council in order to gain access to the Cabinet Office to attend an alleged meeting;

·                     the Subject Member followed former Councillor, Emma McGurrin upstairs stating he was looking for the toilet;

·                     on his return, the Subject Member asked the Officer why he had given former Councillor, Emma McGurrin a badge that gave her access to the Council offices;

·                     the Subject Member accused the Officer of showing political bias towards Labour Councillors by allowing them unlimited access to the building;

·                     the Officer explained he had been at fault to give given former Councillor, Emma McGurrin access regardless of political party;

·                     the Subject Member apologized and assured the Officer that he wasn’t making an issue and would not be taking it further;

·                     on the 8 November 2013 the Chief Executive emailed the Subject Member expressing concerns at his attempts to access the Town Hall and of his accusation of political bias by an officer of the Council;

·                     on 13 November 2013 the Subject Member telephoned the Officer to apologise and asked him to reconsider his complaint as he was concerned he may lose his Brighter Borough funds;

·                     on 9 December 2013 the Subject Member made further contact by telephone asking the Officer whether he had withdrawn his complaint, queried if he felt threatened by him during your visit to the Town Hall and stated the issue of political bias had been raised by the Officer;

·                     on 24 December 2013 the Subject Member handed a disc containing verbal recording of the initial incident to the Officer, told the Officer that he had sought advice from a Solicitor who recommended he provided the Officer with a copy of the conversation and stated  ...  view the full minutes text for item 3.