To elect a Chairman for this meeting.

Resolved:  That Councillor Duncan Dewar-Whalley be elected Chairman for this meeting.

The Chairman outlined the Emergency Evacuation Procedure.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

No interests were declared.

The Chairman welcomed everyone to the meeting and asked all those in attendance to confirm their name and what their role was.

To decide whether to pass the resolution set out below in respect of the following item: -

That under Section 100A(4) of the Local Government Act 1972, as amended, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

1. Information relating to any individual.

Resolved:  To not pass the resolution to exclude the Press and Public and to hold the meeting in public session.

The Director of Corporate Services, in his role as Monitoring Officer, introduced the report which set-out the complaint of Member misconduct: SBC 3.15. The Investigating Officer's report had found that there had been a breach in the Members' Code of Conduct, however, not all the allegations had been proved.  The Sub-Committee was being asked to determine whether there had been a breach of the Code of Conduct, and if there had, to determine what sanction, if any, should be recommended to the Parish Council.

The Chairman asked the subject member whether he agreed with the information in the Pre-Hearing Summary report.  The subject member explained that he considered it was not an accurate version, and was different from previous versions that he had viewed.   The subject matter considered that all the views of those present at the meeting on 6 August 2015 had not been taken into account.  The Interim Deputy Head of Legal Partnership advised that the information relevant to this case was set-out within the Executive Summary in the report.  The subject matter explained that new evidence had come to light.  The Monitoring Officer explained that this could be raised when the case was discussed, and he re-iterated that Members would only be considering the Executive Summary, and the relevant legislation and protocols.

The Chairman invited the Investigating Officer to present the findings of her investigation into the alleged breaches of the Code of Conduct. Members were given the opportunity to ask questions of the Investigating Officer.

The Chairman then invited the subject member to present his case into the alleged breaches of the Code of Conduct.  Members were given the opportunity to ask questions of the subject member.

The Chairman invited the Independent Person to present her representation as to whether there had been a breach of the Code of Conduct.  She found that there had been a breach of the Code of Conduct.

The Sub-Committee, Interim Deputy Head of Legal Partnership, Legal Assistant and Democratic Services Officer left the meeting at 2.50pm and returned at 3.53pm to advise on the Sub-Committee’s decision.

The Sub-Committee determined that there had been a breach of paragraphs 2, 10 and 11 of the Code of Conduct.

The Chairman invited the Independent Person, the Investigating Officer and Monitoring Officer to make representations on any sanctions they considered should be implemented.

The Sub-Committee, Interim Deputy Head of Legal Partnership, Legal Assistant and Democratic Services Officer left the meeting at 4.01pm and returned at 4.10pm to advise of the Sub-Committee's decision on any sanctions that were to be implemented.

In concluding the meeting, the Chairman confirmed that a written decision would be published within 20 working days.

RESOLVED:
(1) That the Sub-Committee found that there was a breach of Paragraphs 2, 10 and 11 of the Code of Conduct and that a sanction be applied to the Parish Council.

RECOMMENDED:
(1) That the Sub-Committee's findings be reported to the Parish Council for information.

(2)  In the interests of promoting high standards of conduct  ...  view the full minutes text for item 1157.