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Agenda item

Report of the County Solicitor: Chief Officer for Legal, Human Resources and Communications and Monitoring Officer, attached.

Minutes:

The Committee considered the Report of the County Solicitor: Chief Officer for Legal, Communications and Human Resources and Monitoring Officer which also included the Deputy Monitoring Officer’s Reports into a complaint received from Mr Walker  (the Complainant) relating to alleged breaches of the Members’ Code of Conduct by Councillor’s S Hughes and P Twiss (the Subject Members).

 

The covering Report gave the background on actions to date including receipt of the complaint, investigation and consultation with the Independent Person, as required.

 

The Committee was asked to consider the Deputy Monitoring Officer’s Reports, take into account the findings of the Deputy Monitoring Officer, determine whether there had been a breach of the Member’s Code of Conduct and if so what sanctions, if any, be imposed, having due regard to the nature of the complaint.

 

In relation to the complaint again Councillor Hughes, it was alleged the Subject Member failed to apply the principles of public life (integrity, objectivity, openness, personal judgment, respect, upholding of the law  and stewardship) and breached the general provisions of the code of conducts as outlined at sections 1.3(a), 1.3(d), 1.3(e), 1.3(f), 1.3(g) and 1.3(i), 1.6, 1.7 and 1.8. Furthermore, that he had breached sections 5(a), 5(c), 5 (d), 5(e) and 5(h) of the Code of Conduct.

 

In relation to Councillor Twiss, the Complainant alleged that the Subject Member breached the Council’s Code of Conduct in the way he spoke to the Complainant and dealt with

procedures during a meeting of the East Devon Highways and Traffic Orders Committee on 22 November 2019 and damaged the reputation of the Council through his behaviour at that same meeting.

 

The Report of the Deputy Monitoring Officer outlined his findings against each of the allegations made.

 

The Committee considered the findings and recommendation of the Deputy Monitoring Officer in relation to Councillor Hughes.

 

RESOLVED that

 

(a) in relation to the East Devon Highways and Traffic Orders Committee, the meeting had been carried out in accordance with the Constitution and relevant operating protocols including those relating to conduct and behaviour, and as such, there had been no breach of the Councils Code of Conduct;

 

(b) with reference to the other allegations, the relevant sections outlined above, the Committee agree there has been no breach of the Councils Code of Conduct;

 

(c) in relation to the Complainant’s assertion that 1.7 (at all times avoid any occasion for suspicion or appearance of improper conduct) was breached, the Subject Member acted appropriately in putting forward the proposal in question and arranging barriers. However, the subsequent tweet and quoted remarks in the Sidmouth Herald were felt, by the Committee, to be a lapse of judgement by Councillor Hughes, but not a breach of the Code; and

 

(d) in light of (c) above, the Council’s Social Media Protocol be refreshed and issued to all Members in due course.

 

The Committee then considered the findings and recommendation of the Deputy Monitoring Officer in relation to Councillor Twiss.

 

RESOLVED that the Committee agree that the Subject Member (Councillor Twiss) had not breached Code of Conduct and no sanctions were therefore appropriate.

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