There was an adjournment of the Sub-Committee from 1.47pm until 2.30pm. 

To elect a Chairman for this meeting.

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

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

The Chairman will inform the meeting that:

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park.  Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and

(b) the lifts must not be used in the event of an evacuation.

Any officers present at the meeting will aid with the evacuation.

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

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 their role.

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 1.15. The Investigating Officer's report had found that there had been a breach in the Members' Code of Conduct. 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 she agreed with the information in the Pre-Hearing Summary report.  The subject member raised an issue relating to a set of minutes that were not included in the report but had been provided to the Investigating Officer.  After a short discussion, it was agreed that the minutes could be referred to.  The subject member also referred to some new, additional information but the Chairman advised that this information could not be included as it was not raised as part of the Pre-Hearing.  

The Chairman then 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 her case into the alleged breaches of the Code of Conduct. The subject member's witnesses also presented their evidence on the alleged breaches. Members were given the opportunity to ask questions of the subject member and witnesses.

The Chairman invited the Independent Person and the Parish Council Observer to present their representation as to whether there had been a breach of the Code of Conduct. Both found that there had been a breach of the Code of Conduct.

The Sub-Committee, Interim Deputy Head of Legal Partnership, Legal Assistant and Senior Democratic Services Officer left the meeting at 3.45pm and returned at 4.55pm to advise on the Sub-Committee’s decision.

The Sub-Committee determined that there had not been a breach of paragraphs 1, 2, 3, 6, 7, 8, but there had been a breach of paragraphs 5, 9, 10 and 11 of the Code of Conduct.

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

The Sub-Committee, Interim Deputy Head of Legal Services, Legal Assistant and Senior Democratic Services Officer left the meeting at 5pm and returned at 5.05pm 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 no breach of          Paragraphs 1,2, 3,6, 7 and 8 of the Code of Conduct.
(2)       That the Sub-Committee found that there was a breach of            Paragraphs 5, 9, 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  ...  view the full minutes text for item 1125.