Agenda and minutes

Members are asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applies to them.

The Chair invited Members to declare any interests in the business before the Committee.  Councillor Draycott said that, for the sake of transparency, she wished to state that she was the Cabinet Lead for Housing but had no involvement in any of the complaints or the investigation.  She was present as the Labour Group Member.  She therefore had no prejudicial interest.  Councillors O’Brien and Coley confirmed that they too had no interest in the issues before the Committee.  Councillor Coley’s role as Liberal Democrat Group Whip had ended just before the events in question.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Committee is entitled to consider certain items in private.  Members of the public will be asked to leave the meeting when such items are discussed.

The Committee is recommended to consider the following report in private on the grounds that it contains ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, and consequently that the Committee makes the following resolution:-

“that the press and public be excluded during consideration of the following report in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.”

Paragraph 1

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office holder under the authority.

RESOLVED:

            that the press and public be excluded during consideration of the following report in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.”

Paragraph 1

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office holder under the authority.

The Committee considered a report by the Town Clerk inviting them to decide whether Councillor Simons had breached the Council’s Code of Conduct and Political Conventions.  There were 24 specific complaints against Councillor Simons brought by the Director of Housing on behalf of various Housing Department Officers.

The complaints had been investigated and the Committee dealt with them in accordance with the Council’s “Procedure for Dealing with Complaints Against Councillors”.  The Director of Housing attended as complainant, accompanied by the Housing Service Director (Resources) in the capacity of “friend”.  Councillor Simons did not attend.  The Committee regretted this but decided to proceed in her absence as, in the circumstances, it would not be fair on her or the officers to prolong the matter any further.  They considered that Councillor Simons had been given all reasonable opportunity to put her side of the case and had contributed to the investigation.  Further she was aware of the hearing and its implications and had called the Council that morning to say she should not be contacted by e:mail, telephone or letter as she would be on holiday for a month from that date.

The Committee heard the Director of Housing’s statement and put questions to him.  They also considered:

·        The complaints as submitted.

·        A report by and advice from the Town Clerk.

·        An independent investigator’s report, including the evidence he gathered from Councillor Simons, the Director of Housing and other Councillors and officers.

·        Written comments from Councillor Simons dated 12 July 2002.

The Director of Housing and Service Director withdrew before the Committee considered their decisions.  The Committee followed the Procedure fairly and objectively and made their decisions after considering carefully and in detail the evidence relating to each complaint.  All of their decisions were unanimous.

The Committee decided whether or not to uphold each of the complaints and then whether Councillor Simons’ actions amounted to a breach of the Code and the Conventions.  They also considered a response to Councillor Simons’ written comments, the lessons to be learnt from the process and general action which should be taken.

RESOLVED:

(1)    That the complaints be upheld or not upheld as set out in the “Decision for Publication” detailed below;

(2)    That, given the nature of the complaints upheld, Councillor Simons had breached the Council’s Code of Conduct and Political Conventions through:

·        Inappropriate pressure on, and criticism of officers.

·        Inappropriate involvement in casework.

·        Putting the Council at risk of legal action.

·        Bringing the Council into disrepute, given the way her behaviour would be likely to be viewed by reasonable members of the public and the perception of the Council she would have given to her constituents.

(3)    That the Committee reprimand Councillor Simons for her breaches of the Code and the Conventions, and ask that this reprimand be administered publicly at the next full Council meeting;

(4)    That Councillor Simons be requested to:

                               ·       Apologise to the officers to whom she has behaved inappropriately.

                               ·   Give an undertaking that her future behaviour will comply  ...  view the full minutes text for item 3.

The  meeting ended at 2.43pm.