Issue - meetings

The Sub-Committee is invited to consider a report following an investigation into a complaint made against a Parish Councillor, and to consider what action should be taken.

The Sub-Committee considered the report of the Interim Borough Solicitor and Monitoring Officer which provided details in respect of a complaint made against a Parish Councillor. 

The complaint was made on 19 May 2010 and had been considered by the Assessment Sub-Committee on 13 July 2010. The complainant had asserted that the Parish Councillor had breached Paragraph 5 of the Code of Conduct (“you must not conduct yourself in a manner which could be reasonably regarded as bringing your office or authority into disrepute”.).That Sub-Committee had concluded that the Subject Member may have breached the Code of Conduct and referred the matter to the Monitoring Officer for investigation.

Jonathan Goolden of Wilkin Chapman Goolden, Solicitors had conducted the investigation and his report was now submitted for consideration. Mr Goolden had concluded that the Subject Member had not breached the Code of Conduct.

The Sub-Committee’s role was to consider the report and in particular, to decide in accordance with Regulation 17 of the Standards Committee (England) Regulations 2008 whether (a) to accept the findings; (b) not to accept those findings and refer the matter either for a full hearing before this Sub-Committee; or (c) refer the matter for consideration at a hearing to the First-Tier Tribunal for determination. This latter step would only be appropriate if it were determined that the action available against the Member would be insufficient if a finding of breach was made, and that the First-Tier Tribunal had agreed to accept the referral.

Having taken into account the report’s contents and relevant Guidance issued by Standards for England, the Sub-Committee accepted the findings set out in the report. Accordingly, it was 

RESOLVED: (a) That the findings of the Investigator’s Report in respect of the complaint, be accepted, namely that there had been no breach of the Code of Conduct by the Subject Member;

(b) That there should be no Determination Hearing into the allegations made by the complainant;

(c) That there should be no referral to the First-Tier Tribunal;

(d) That the Subject Member and the complainant be informed of the Sub-Committee’s decision; and

(e) That, unless requested otherwise by the Subject Member, the Decision Notice be published in the local press.