Councillor Dickins declared that he knew the subject member as a fellow District Councillor.

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 allegations of Member misconduct (reference FC46, FC47, FC48 and FC54), 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.

FC46, FC47, FC48 and FC54      

The matter related to a Town Councillor and all complaints were about the same issue.

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

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 likely to be a complainant, a witness or involved in the administration of any investigation or proceedings

4.         You must not:

(a)       disclose information given to you in confidence by anyone, or information acquired by you which  you believe, or ought reasonably to be aware, is of a confidential nature,

5.         You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority 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 other appropriate action:

That the Monitoring Officer be directed to offer a one-to-one training session to the subject member, with help from a member of the Standards Committee or Deputy Monitoring Officer.

Reason

The Assessment Sub-Committee thoroughly examined the complaint together with the evidence submitted by the complainant. In addition members were provided with  a copy of relevant documentation relating to the subject member’s original request for information, advice from the Association of Electoral Administrators and correspondence between the Sevenoaks Constituency Labour Party and the Chief Executive of Sevenoaks District Council. The Sub-Committee also had copies of a letter provided independently by the subject member, following notification of the complaint.

The Sub-Committee considered this information in conjunction with Standards for England guidance relating to paragraphs 3(1), 3(2)(b), 3(2)(c), 4, 5 and 6(a) of the Code of Conduct.

The Sub-Committee noted that the key piece of evidence provided by the complainant was the copy of the leaflet involved. The press article relating to the leaflet, whilst giving an indication of the effect of the leaflet in the town, could not be relied on to provide factual evidence.

Members noted that the leaflet was very party political, and felt that there was a very politically charged atmosphere around the Town Council. Members considered that being political would not necessarily lead to a breach of the Code, but felt uncomfortable with the wording on the front of the leaflet, in identifying  members of the public.

Members felt that political rhetoric was to be expected between Council Members, but that the leaflet had moved to commenting about the behaviour of individual members of the public.  As a result the sub-committee felt that there could be a case to answer in relation to treating others with respect. 

Members noted that the leaflet did not indicate where it had originated from, but it was noted that the only reference on it  ...  view the full minutes text for item 3.