To consider a report from Standards for England following the referral of complaint No. CEC/2010/06 against a serving Cheshire East Councillor.
Minutes:
The Committee received a report from Standards for England following the referral of a complaint against a serving Cheshire East Councillor. The Ethical Standards Officer (ESO) appointed to carry out the investigation had concluded that under Section 59(4)(a) of the Local Government Act 2000 (as amended) the Subject Member had not failed to comply with the Code of Conduct of Cheshire East Council.
The Monitoring Officer explained the procedures which had been followed by the Council when the complaint was received and the Assessment Sub-Committee’s reasons for referring it to Standards for England.
The Monitoring Officer also explained how Standards for England had carried out the investigation and the processes followed in producing the report. It was noted that the decision of the ESO was final in relation to the finding that there had been no breach of the Code.
The ESO had issued her final report to the Standards Committee in accordance with the powers given to her in Section 64(3)(a) of the Local Government Act 2000 which allowed her to forward her report if she considered that it would assist the Committee in the discharge of its functions under that Act.
Members discussed the report from which it was felt the following lessons could be drawn:
(1) Public perception was of paramount importance. When entering public life, elected Members, in all their dealings, need to ask themselves “how does this look to the local community and Council-tax payers?”
(2) When forming friendships with individuals/organisations which in turn had business with the authority, elected Members needed to be open and transparent about such associations.
(3) Councillors were never “off duty” and should be mindful of their behaviour at all times .
(4) It was essential to ensure that Members were fully aware of the significance of public office and the expectations of their constituents and the wider community in fulfilling their role in a diligent and selfless manner.
(5) The Subject Member was a long-standing experienced Councillor and this highlighted the need for rigorous Code of Conduct training for all Members on a regular basis.
(6) The Planning Protocol, which ensured the preservation of the integrity of the planning system as open and fair to all parties, could be included as part of the Code of Conduct training.
(7) Effective communication was significantly important to try to dispel negative public perception and perhaps the Council could consider this matter.
(8) The ESO had made comment that senior Officers and other Members had understandable concerns about the public perception of the relationship of the Subject Member with the developer. The Committee agreed that the Officers had acted entirely appropriately in the circumstances and endorsed the comments made by the ESO and the action taken by Officers.
RESOLVED:
(a) That the report be received;
(b) That the comments made above at 1–8 be supported and commended as “lessons learned” to inform any appropriate training for Members; and
(c) That Council be invited to give specific consideration to the following -
- remind all Members of the significance of public office and the expectations of the public
- rigorous Code of Conduct training to be given to all Members following the forthcoming elections .