Agenda and draft minutes

The Chair

(a)  opened the meeting by welcoming everyone and introduced the attending Councillors and Officers;

(b)  confirmed that the Monitoring Officer would be advising on procedural matters together with the Solicitor to the Council;

(c)  stated that the purpose of this Sub Committee meeting was to consider the information presented in accordance with the Localism Act 2011 and the Council`s processes and make a decision regarding the action to be taken.  The three options available to the Sub Committee were :-

•      No action to be taken

•      The complaint be referred for other action such as training, support, mediation

•      The complaint be referred for investigation

The Sub Committee was reminded that it was not meeting to decide if the Code of Conduct had been breached and that normal Sub Committee rules were applicable.

Members of the Public were advised that should the Sub Committee resolve to consider any matter in private session in accordance with Part 1 of Schedule 12A of the Local Government Act 1972 (Access to Information: Exempt Information), the public would be asked to leave the meeting whilst the matter was discussed and would be invited to return to hear the decision.

Apologies for absence were received from Councillors Beaken (Councillor Graham attended in her place) and Douglas.

To confirm the minutes of the meeting held on 20 July 2017.

The minutes of the meeting held on 20 July 2017 were confirmed and authorised to be signed by the Chair.

Members to declare any interest as appropriate in respect of items to be considered at this meeting.

There were no declarations of interest.

The Monitoring Officer to submit a report.

The outcome of the investigation is available here

The Monitoring Officer

(a)  submitted and presented a report (copies of which had previously been circulated to Members and it was confirmed that Members had had the opportunity to read the papers fully) which enabled the Committee to consider the complaint received, regarding the conduct of a Council Member and to consider what action should be taken from the following:-

·         No Action

·         Other Action such as training, support, mediation

·         Refer for Investigation;

(b)  confirmed that the complaint was being considered in accordance with this Council’s Complaints Procedure and Code of Conduct for Members;

(c)  highlighted that

·         the complaint against the Subject Member was detailed within Appendices A, A1, A2, A3 and A4 of the report.  Colour copies of Appendices A3 and A4 had been circulated prior to the start of the meeting

·         this Council’s Complaints Procedure was detailed at Appendix B of the report and included in this was a flow chart of the process.  This complaint was currently at the ‘Report to Committee’ stage.

·         this Council’s Code of Conduct was at Appendix C of the report

·         details of the complaint had been shared with the Subject Member, according to usual procedure.   He had met with the Subject Member on 5 February 2018 and had supplied an explanation of the Complaints Procedure.  A note of the meeting was at Appendix D of the report;

(d)  advised that the Subject Member did not wish to attempt an informal resolution and therefore, the complaint had been referred to this Sub Committee for consideration;

(e)  confirmed that ‘fact-finding’ had been carried out to assist this Sub Committee in determining the action to be taken in this matter.  This included transcripts of the relevant sections of the Planning Committee meetings held on 9 November 2017 and 4 December 2017.  These transcripts had been provided by the complainant and verified by this Council.  The minutes of the Planning Committee meetings held on 9 November 2017 and 4 December 2017 were at Appendices E and F of the report;

(f)   highlighted that the advice provided by this Council’s Assistant Solicitor to the Subject Member prior to the Planning Committee meeting on 4 December 2017 had been given only twenty minutes before the start of the meeting.  It may have been helpful for this advice to have been conveyed in writing to the Subject Member and with more time for the Subject Member to absorb.  A copy email, outlining the advice provided was at Appendix G of the report;

(g)  advised that part of the complaint referred to the democratic process and how the Subject Member voted.  Each Councillor was entitled to comment and vote as they consider appropriate, in respect of a planning application under consideration.  It was considered that this part of the complaint was not relevant to the Code of Conduct;

(h)  confirmed that he had sought the view of an Independent Person on this matter and this was attached at Appendix H of the report;  ...  view the full minutes text for item G11