Issue - meetings

The Sub-Committee is invited to consider a report following an investigation into a complaint made against a serving Cheshire East 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 serving Councillor. 

The complaint was made on 21 May 2010 by a complainant who asserted that the Subject Member had breached Paragraph 3(1) of the Code of Conduct in that he had “failed to treat others with respect”. The Assessment Sub-Committee considered the complaint on 13 July 2010 and concluded that the Subject Member may have breached the Code of Conduct.  The matter was referred to the Monitoring Officer for investigation.

Jonathan Goolden of Wilkin Chapman Goolden, Solicitors conducted the investigation and his report was now submitted for consideration. Mr Goolden had concluded that the Subject Member had breached the Code of Conduct.

In accordance with Regulation 17 of the Standards Committee (England) Regulations 2008 (“the Regulations”), the Sub-Committee was required (a) to determine that a hearing should be held, or (b) refer the matter to the First-Tier Tribunal, as the investigation had concluded that there had been a breach of the Code of Conduct.  Referral to the First-Tier Tribunal would only be appropriate if it was 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 Members’ obligations under the Regulations, together with relevant Guidance issued by Standards for England, the Sub-Committee concluded that, taking into account the significance of the allegations, a local hearing was sufficient.  Accordingly, it was 

RESOLVED: (a) That in light of the findings of the Investigator’s Report in respect of the complaint, namely that there had been a breach of the Code of Conduct by the Subject Member, arrangements be made for a full Hearing before this Sub-Committee;

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

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