Agenda and minutes

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.

Resolved:  The Sub Committee agreed by resolution to open the meeting to the public.  However, the paperwork would not be released and should remain confidential.

Councillor Brierley did not agree to this decision by the Sub Committee.

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

The Sub Committee considered a report of the Investigating Officer, Linda Comstive, which requested Members to consider allegations against a Councillor that he had breached the Council’s Members’ Code of Conduct.

Councillor Brierley had advised that he would not be attending any hearings in November and was also acting on advice from his solicitor that he should not attend as his evidence had been seized as part of a police investigation.  He was informed by letter on 2 November 2018 that the arrangements would remain in place for the hearing to convene. However, Councillor Brierley attended the meeting and represented himself and advised that he would be calling a witness.

Councillor Brierley advised that he had additional evidence that he wished to present.  The Investigating Officer and the Sub Committee concluded that the evidence was already part of the paperwork and was not therefore new evidence.

Councillor Brierley questioned the legality of the proceedings and cited maladministration of a ‘kangaroo court’.

The Sub Committee adjourned to discuss the paperwork that Councillor Brierley was referring to.

The Sub Committee agreed that it was convened to determine the complaint as outlined in the document pack and that Councillor Brierley had been given several opportunities to engage in the process and provide any evidence prior to the hearing, which he had chosen not to do.

Councillor Brierley continued to challenge the proceedings and the Chairman could not conduct the business of the Sub Committee.

The Chairman gave Councillor Brierley a formal warning about his disruptive behaviour and advised him that if he continued, he would be asked to leave.

Councillor Brierley left his seat and addressed a monologue speech directly to the recording equipment and then advised the Sub Committee that he would be leaving and that if the hearing continued in his absence that it would be misconduct in public office.  He advised the Chairman that he had reported him to the police following an earlier hearing recommendation.  He advised the Independent Person that she had recommended that this hearing had been brought about under false pretences.

Councillor Brierley left the meeting of his own accord.

The Sub Committee adjourned and determined to continue to hear the complaint in public following the disruption.

The Independent Investigator requested that the ‘speech’ made directly to the camera by Councillor Brierley be redacted if a copy of the proceedings was released into the public domain as the hearing was not a political soapbox and should not be a publicity opportunity for Councillor Brierley’s outbursts.

The Chairman advised that this would be taken into account. He then reminded everyone that Councillor Brierley had received a formal warning about his behaviour and his next step would have been to remove Councillor Brierley from the meeting, however, he had chosen to leave of his own accord.

The Sub Committee was advised by the Investigating Officer that the complaint had been received by the Monitoring Officer on 17 May 2018.  Councillor Brierley had not engaged in the investigation  ...  view the full minutes text for item 4.