There were no declarations of interest.

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

Resolved:       That the meeting of the panel to discuss the allegation of Member misconduct (reference FC55), 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;

d) 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, apology, training or any other appropriate

action.

FC55

The 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:

3.         (1)       You must treat others with respect.

(2)       You must not:

(b)       bully any person;

(c)       intimidate or attempt to intimidate any person who is or is      likely to be a complainant, a witness, or involved in the administration of any investigation or proceedings in relation to an allegation that a Member (including yourself) has failed to comply with his or her authority’s code of conduct;

5.         You must not conduct yourself in a manner which could reasonably be regarded as bringing your office into disrepute,

6.         You:

(a)        must not use or attempt to use your position as a Member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage

Resolved: Referral of the complaint to the Monitoring Officer for investigation.

Reason

The Sub-Committee took advice from the Monitoring Officer as to its ability to proceed with the Assessment in the light of the alleged police investigation. It was agreed to go ahead, but one member was not happy with this from the subject member’s point of view.

The Sub-Committee found some prima facie evidence of possible breaches, if proven, of paragraphs 3(1), 3(2)(b), 5 and 6(a) of the Code referred to above, but did not consider there was evidence of a possible breach of paragraph 3(2)(c). Concern was expressed at the lack of hard, independent evidence; and the fact that it was not known exactly what had been said. The Sub-Committee considered that the allegations were serious enough to be investigated, and that such an investigation should be able, relatively quickly, to establish if there was any hard, independent evidence to support the complaint.