Agenda item

Consideration of Complaint No. SBC 1.15

Minutes:

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 reported to the Parish        Council for information.

(2)       That the Chairman  of the Parish Council attend training on the               role of Parish Clerk and refresher training on the role of Chairman.

(3)       In the interests of promoting high standards of conduct, all                                   members of Warden Parish Council attend training on meetings,                        specifically closed sessions.

(4)       That, if not already implemented, the Parish Council adopts a                               Parish Basic Allowance Scheme as recommended at paragraph              7.2 of the investigating officer’s report.