There were no declarations of Interest.

In accordance with the Local Government Act 2000 all allegations of Member misconduct are confidential until the Assessment Sub-Committee decides otherwise.

Resolved: That the meeting of the panel to discuss the allegations of Member misconduct (reference FC44 and FC45), be held in confidential session.

The Committee will assess any allegations that a Member has failed, or may

have failed, to comply with the Code of Conduct and either:

a)     Refer the complaint to the Monitoring Officer for investigation;

b)     Refer the complaint to another authority’s standards committee;

c) Refer the complaint to the Standards Board for England;

c)     Take no action in respect of the complaint; or

e) Refer the complaint to the Monitoring Officer for action other than investigation that is conciliation, training or any other appropriate action.

FC44

This matter related to a Parish Councillor.

Resolved: That the subject member be provided with a summary of the details of the complaint.

The potential breaches of the Code of Conduct identified were:

Paragraph 5 – You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute

Paragraph 9 - Disclosure of Personal Interests

Paragraph 12 - Effect of Prejudicial Interests on Participation

Resolved: No further action:

Reason

The Assessment Sub-Committee thoroughly examined the complaint together with the evidence submitted by the complainants. In addition copies of the relevant Parish Council Standing Orders were provided and access to a public website related to the local issue at the heart of the complaint that was linked to the complainants.

The Sub-Committee considered this information in conjunction with Standards for England guidance relating to paragraphs 5, 8, 9, 10 and 12 of the Code of Conduct.

The Assessment Sub-Committee considered each individual page of the complaint in order to ascertain whether there was any prima facie evidence of a breach of the Code of Conduct. The Sub-Committee felt that the complaint may have highlighted some possible administrative issues in dealing with the proposed development, but did not consider that any of these could be considered the individual responsibility of the Chairman, but rather would be a collective responsibility of the whole Council, and would not amount to a breach of the Code of Conduct. It was also considered that there was no prima facie evidence that the subject member had acted in any way for private gain, or by putting their private interest above the public interest.

In terms of specific issues, it was noted that the Council’s Standing Orders did allow the meeting Chairmen to use a casting vote in a situation where votes are tied. It was also noted that the relevant Item (Affordable Housing Project) was listed on the Agenda for the Parish Council meeting on 4th April 2011. It would not be normal practice to list “motions” on the Agenda, as expected by the complainants. Often Agenda items are moved with the agreement of the Chairman. The Sub-Committee discussed the position of the subject member as sitting on the Village Project Steering Group and the Parish Council, and took advice from the Monitoring Officer. The members on the Steering Group would as part of that role need to feed back to the full Parish Council, and this would not preclude them from taking part in the discussions and decisions at the Parish Council meeting.

There was some concern voiced over the “written vote” taken at the 4th April meeting, and how this could be perceived by the public. It was noted though that it was within the rules of the Parish Council Standing Orders, and that the minutes set out that it had been proposed by a different Parish Councillor and had been agreed by those present before it was carried out. The Sub-Committee did recognise that,  ...  view the full minutes text for item 6.