Agenda and draft minutes

Apologies for absence were submitted on behalf of Councillors Harris and Pendlebury, with the substitution of Councillor L Mullaney for Councillor Pendlebury authorised in accordance with council procedure rule 10.

It was moved by Councillor W Crooks, seconded by Councillor Bray and

RESOLVED – the minutes of the meeting held on 24 June were confirmed as a correct record.

Councillor Cartwright declared that he knew the subject member in his role as Executive member for rural affairs but stated that this did not constitute an interest that would preclude him from taking part in the meeting.

Councillors J Crooks and W Crooks stated they knew the subject member as local councillors but did not consider him a close associate.

To consider the passing of a resolution under Section 100A(4) of the Local Government Act 1972 excluding the public from the undermentioned item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1, 2 and 10 of Schedule 12A of the 1972 Act.

On the motion of Councillor Cartwright seconded by Councillor J Crooks, it was

RESOLVED – in accordance with section 100A(4) of the Local Government Act 1972, the public be excluded from the following item of business on the grounds that it involves the disclosure of exempt information as defined in paragraphs 1, 2 and 10 of Part I of Schedule 12A of that Act.

Report of the independent investigator following a complaint about a parish councillor. This item was adjourned at the meeting on 16 May due to the subject member being unable to attend.

The Ethical Governance & Personnel Committee considered the report of the independent investigator into a complaint about a parish councillor.

The investigator was present and had not called any witnesses. The subject member was in attendance.

Following introductions, the investigator presented the report which had found that the subject member had, on the balance of probabilities, breached the code of conduct when he accused the complainant of pressuring/coercing a colleague and when he told the complainant, in a forthright manner, to stop interrupting. The investigator found that this had breached the general obligation in the code of conduct in relation to treating others with respect.

In relation to a further allegation that the subject member had failed to treat the complainant with respect with questioning them about an agenda item, the investigator found that this did not amount to a breach of the code of conduct.

Members then asked questions of the investigator, following which the subject member was offered the opportunity to ask questions. The subject member then put his case forward and members asked questions of him.

The Independent Person was invited to comment on the case and in doing so indicated that he agreed with the findings of the investigator and also highlighted the power of an apology which may have prevented the complaint.

Being satisfied that all attendees had had the opportunity to speak, the meeting was adjourned for the committee to deliberate at 11.06am. The subject member indicated that he would prefer to receive the outcome after the meeting than await a response directly from the committee and left the room.

The committee, supported by the Monitoring Officer, Independent Person and the Democratic Services Manager, reconvened at 11.10am to reach a decision on the case.

Members were satisfied that the subject member had been acting in his capacity as a councillor at the time of the alleged incident.

Members considered whether the parish councillor’s actions towards the complainant when making comments about the complainant pressuring or coercing a colleague and when he told the complainant to stop interrupting breached the code of conduct. They also considered the investigator’s finding that no breach had occurred in relation to questioning the complainant on the content of a report. It was moved by Councillor Bray, seconded by Councillor Lynch and

RESOLVED –

(i)            The subject member’s conduct towards the complainant when accusing them of pressuring / coercing a colleague did breach the parish council’s code of conduct;

(ii)          The subject member’s conduct towards the complainant when telling the complainant to stop interrupting, did breach the parish council’s code of conduct;

(iii)         In relation to (i) and (ii) above, the following general obligation of the parish council’s code of conduct was breached:

Respect

As a member:

I will treat others with respect

I will treat council officers, employees and representatives of partner organisations and those volunteering for the council with respect and respect the role they play.

(iv)         The subject member’s conduct towards the complainant when questioning them  ...  view the full minutes text for item 128.