Documentation enclosed and attached as follows:
Report of the Assistant Director of Legal Services
Minutes:
The Committee considered the Report into a complaint received relating to alleged breaches of the Members’ Code of Conduct by Councillor Atkinson (the Subject Member).
The covering Report of the Assistant Director of Legal Services included the background on actions to date including receipt of the complaint, consultation with the Independent Person, the views of the Assessment Sub Committee and the decision of the Assessment Sub Committee to undertake a formal investigation.
The Director of Legal and Democratic Services and Monitoring Officer stressed the importance of the Committee in thoroughly considering the issues before reaching its own conclusion as to whether there had been a breach of the Members’ Code of Conduct. The Report also encompassed the views of the Independent Person following his consideration of the Investigator’s Report.
The Monitoring Officer further reminded the Committee of its role and remit which was to determine, in light of the Investigator’s Report, whether the Code of Conduct had been breached. If the Committee found there was no breach, then there would be no further action, but if the Committee agreed there had been a breach, then it needed to determine what sanctions, if any, should be applied to the Subject Member.
She further outlined the requirements of the law in terms of the Localism Act and declaration of interests.
The Assistant Director of Legal Services summarised the key and salient points of the complaint (covering nine allegations) and the investigation process including the involvement of the Police and CPS, due to the requirements of the Localism Act.
It was highlighted that the Subject Member had been advised on the requirements of Member’s Register of Interests.
There was discussion and questions from Members which included the length of time involved in finalising the investigation, concerns about the understanding of parties involved, querying the public interest test in the process, potential confusion from Members regarding the Register of Interests form, , acknowledgement of the advice given to the Subject Member and length of time given to redress the matter, further training and that help and support for all Councillors covering the Members’ Code of Conduct requirements would be provided shortly.
In considering allegation one, the Committee RESOLVED there had been a breach of the Members’ Code of Conduct under paragraph 1.3 (f) (declaring private interests, whether disclosable or personal that relate to public duties) and paragraphs 6 and 6.1 in Part 2 of the Code (provide written notification to the Monitoring Officer of any disclosable pecuniary interest as defined by the Regulations).
(in accordance with Standing Order 32(4) Councillor Bailey requested that her vote against the motion be recorded)
(in line with the Procedure agreed under Standards Minute *18, Mrs Mayes, Mr Saltmarsh and Mr Hipkin showed their support for the approved resolution. In line with that procedure, their views are recorded in the minutes)
The Committee then considered allegations 2-9 and RESOLVED unanimously there were no further breaches of the Members Code of Conduct.
(in line with the Procedure agreed under Standards Minute *18, Mrs Mayes, Mr Saltmarsh and Mr Hipkin showed their support for the approved resolution. In line with that procedure, their views are recorded in the minutes)
The Committee then determined what sanctions, if any, should be applied to the Subject Member.
The sanctions available were to require the Subject Member to issue a formal, public apology, recommend that the Committee issue some form of public censure of the Subject Member, recommend to the appropriate Group Leader that the Subject Member be removed from any or all Committee / Sub Committees and outside bodies, exclude or restrict the Subject Member’s access to some or all County Council premises, instruct the Monitoring Officer to arrange training, remove the Subject Member from all outside bodies appointed to or nominated to by the Council; and / or withdraw facilities (e.g. computer access).The Committee could also direct the Subject Member to update her Register of Interests.
The Committee considered each of the sanctions available to them, in turn, and agreed the following.
RESOLVED:
· that the Subject Member be required to issue a formal apology to the Council;
· that the Monitoring Officer be asked to arrange and / or provide relevant training to the Subject Member; and
· that the Subject Member be requested to update her Register of Interests with immediate effect.
(in accordance with Standing Order 32(4) Councillor Bailey requested that her vote against the motion be recorded)
(in line with the Procedure agreed under Standards Minute *18, Mrs Mayes, Mr Saltmarsh and Mr Hipkin showed their support for the approved resolution. In line with that procedure, their views are recorded in the minutes)
Supporting documents: