Issue - meetings

The Sub-Committee is invited to consider the Investigation Report in respect of a complaint which has been transferred from the former Macclesfield Borough Council to Cheshire East Council for completion.

The report of the Borough Solicitor and Monitoring Officer is attached.

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

This complaint had been received prior to 31^st March 2009 and, in accordance with the transitional arrangements made under the Local Government and Public Involvement in Health Act 2007, had been transferred to Cheshire East Council for completion.

Mr Richard Dix, of Jonathan Goolden, Solicitors, had been asked to conduct an investigation into the complaint and his report was submitted.  Mr Dix 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 whether (a) to accept the recommendations and the findings, or (b) not to accept those findings and decide other steps which should be taken, viz, refer the matter for consideration at a hearing before this Sub-Committee or refer the matter for consideration at a hearing before this Sub-Committee or refer the matter to the Adjudication Panel for England.

Having taken into account the report’s contents and Members’ obligations under the Standards Committee (England) Regulations 2008, together with relevant Guidance issued by the Standards Board for England, the Sub-Committee was satisfied that there had been no breach of the Code of Conduct by the subject Member.  It, therefore, 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 Adjudication Panel for England;

(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.