Minutes:
The Chair agreed to consider the following items as urgent business as it was in all parties’ interests to deal with them as speedily as possible.
Appendix AOUB B1
COMPLAINT AGAINST A COUNCILLOR: TO CONSIDER THE INVESTIGATOR’S FINDINGS 2011/02
The Director of Corporate Governance submitted a report that contained the investigator’s report into a complaint against a councillor relating to alleged misuse of position in order to confer a disadvantage on an individual and thus a potential breach of the following paragraph of the Councillors’ Code of Conduct:
6. You—
(a) must not use or attempt to use your position as a Member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage.
Having considered the evidence the Investigator concluded that the Councillor had misused his position to gain information but had not breached the Code of Conduct because there was no evidence that he had used that information to anyone’s advantage or disadvantage.
The Standards Committee was asked to make one of the following findings:
a. That it accepts the finding of no failure i.e. “a finding of acceptance”; or
b. That the matter should be considered at a hearing of the Standards Committee conducted under Regulation 18; or
c. That the matter should be referred to Standards for England for determination.
(Amendment)
Members were informed that a further response to the investigator's report had been supplied by the subject member and were asked whether they wished to consider it, as opportunity had already been given to respond to the draft report. Councillor Willmott stated that he felt the committee should consider the additional information. Following discussion on the matter Members voted on whether to accept it or not. Upon being put to the vote, it was agreed not to accept the additional information.
Members considered the investigator’s report in detail and received procedural advice from the Monitoring Officer.
RESOLVED:
1) That the Committee agrees with the investigator’s findings that there had been no breach of the Code of Conduct; and
2) That the Committee authorises the Monitoring Officer to give notice of their decision to the subject member and complainant and to organise publicity in accord with Regulation 17(3)(b) unless the subject member requests otherwise in accord with Regulation 17(4).
Appendix AOUB B2
COMPLAINT AGAINST A COUNCILLOR: TO CONSIDER THE INVESTIGATOR’S FINDINGS 2011/01 and 2011/03
The Director of Corporate Governance submitted a report that contained the investigator’s report into two complaints against a councillor relating to alleged disclosure of personal information and thus a potential breach of the following paragraph of the Councillors’ Code of Conduct:
4. You must not—
(a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature.
Having considered the evidence the Investigator concluded that there had been no breach of the Code of Conduct for the following reasons:
· In relation to case reference 2011/01, the sharing of confidential information with the local press she was satisfied that the Councillor did not know and could not have known that the data that he had been provided with contained confidential information.
· In relation to case reference 2011/03, the sharing of confidential information with three individuals the investigator was satisfied that the Councillor was not acting in his capacity as an elected Member and therefore the requirements of the Code of Conduct did not apply in this case.
The Standards Committee was asked to make one of the following findings:
a. That it accepts the finding of no failure i.e. “a finding of acceptance”; or
b. That the matter should be considered at a hearing of the Standards Committee conducted under Regulation 18; or
c. That the matter should be referred to Standards for England for determination.
Members considered the investigator’s report in detail and received procedural advice from the Monitoring Officer.
RESOLVED:
3) That the Committee agrees with the investigator’s findings that there had been no breach of the Code of Conduct; and
4) That the Committee authorises the Monitoring Officer to give notice of their decision to the subject member and complainant and to organise publicity in accord with Regulation 17(3)(b) unless the subject member requests otherwise in accord with Regulation 17(4).