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Agenda and minutes

Venue: Committee Suite - County Hall

Contact: Karen Strahan 01392 382264  Email: karen.strahan@devon.gov.uk

Items
Note No. Item

*

56.

Appointment of Chair

Minutes:

It was MOVED by Councillor Colthorpe, SECONDED by Mrs Saltmarsh, and

 

RESOLVED that Councillor Connett be appointed as Chair.

*

57.

Items Requiring Urgent Attention

Items which in the opinion of the Chair should be considered at the meeting as a matter of urgency.

Minutes:

There was no item raised as a matter of urgency.

*

58.

Exclusion of the Press Public

Recommendation: that the press and public be excluded from the meeting for the following item of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of the Act namely, information relating to an individual and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

It was MOVED by Councillor Connett, SECONDED by Councillor Colthorpe, and

 

RESOLVED that the press and public be excluded from the meeting for the following item of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of the Act namely, information relating to an individual and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

*

59.

Allegation of Breach of Members Code of Conduct

Documentation enclosed as follows:

Additional documents:

Minutes:

The Deputy County Solicitor and Deputy Monitoring Officer presented the Assessment Sub-Committee with the following documentation;

 

·         Constitution - Part 6a (Code of Personal Conduct) Members Code of Conduct 

·         Guidance/Procedural Note for the Assessment Determination of Allegations of Breaches of the Code of Conduct for Members

·         Initial Complaints

·         Independent Person’s Comments

·         Subject Member - Response to Complaints

 

relating to four complaints received on an alleged breach of the Members Code of Conduct.

 

The Sub-Committee considered all of the documentation referred to above with a view to determining whether or not, on the basis of the evidence available and the views of the Independent Person (in accordance with the Council's procedures) it agreed with their proposed course of action or whether they would wish to pursue or agree some other course of action.

 

The Sub Committee noted the views of the Independent Person and their recommendation that the matter should be subject to a formal investigation. The Sub Committee also formally disregarded the reference from the Independent Person to a previous incident concerning the same Subject Member.

 

In addition, the Sub Committee asked that the reference to an earlier issue concerning the role of Equality Reference Group be dealt with by Officers.

 

The Sub Committee also discussed whether proceeding to a formal investigation would bring any additional information over and above that already received from the Complainants and Subject Member.

 

It was MOVED by Councillor Connett, SECONDED by Councillor Colthorpe, and

 

RESOLVED that the views of the Independent Person be noted, but the Sub Committee exercise its discretion to suggest a different course of action to that of a formal investigation and ask Officers to bring a Report to the next meeting of the Standards Committee based on the information already submitted, notwithstanding the Subject Member must have the opportunity to comment on any draft and final Report.

 

(in line with the Procedure agreed under Standards Minute *18, Mrs Saltmarsh asked that her support for the approved resolution be recorded)


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