Meeting documents

Standards Hearing Sub-Committee
Thursday, 1 May 2014

standards hearing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Thursday 1 May 2014 from 2:30 pm to 5:13 pm.

Present: Councillor Duncan Dewar-Whalley (Chairman), Councillors Mike Henderson and Tony Winckless. Councillor Graham Addicott (Parish Council Observer).

Officers Present: Philippa Davies, Donna Price and Mark Radford.

Also In Attendance: Councillor Pat Sandle, Councillor Brenda Hardman (Witness to Councillor Pat Sandle), Robin Harris (Investigating Officer) and Sally Pirie (Independent Person).

705  

election of chairman

Councillor Duncan Dewar-Whalley was elected Chairman for this meeting.

 
706  

declarations of interest

No interests were declared.

 
 

part b minutes for information

 
707  

consideration of complaint no. sbc 01.13

Members agreed that the meeting would be held in open session.

The Chairman opened the meeting by introducing the Sub-Committee and the officers present. He then outlined the procedure that would be followed.

The Director of Corporate Services, in his role as Monitoring Officer, introduced the report which set out the complaint of Member misconduct: SBC 01.13. The Investigating Officer's report had found that there had been a breach in the Members' Code of Conduct. The Sub-Committee was being asked to determine whether there had been a breach of the Code of Conduct, and if there had, to determine what sanction, if any, should be recommended to the Parish Council.

The Chairman asked the subject member whether the pre-hearing process summary and Form C in the report were an accurate summary and the subject member agreed that they were.

The Chairman then invited the Investigating Officer to present the findings of his investigation into the alleged breaches of the Code of Conduct. Members were given the opportunity to ask questions of the Investigating Officer.

The Chairman then invited the subject member to present her case into the alleged breaches of the Code of Conduct. The subject member's witness also presented her evidence on the alleged breaches. Members were given the opportunity to ask questions of the subject member.

The Chairman invited the Independent Person and the Parish Council Observer to present their representation as to whether there had been a breach of the Code of Conduct. Both found that there had been a breach of the Code of Conduct.

The Sub-Committee, Assistant Solicitor and Democratic Services Officer left the meeting at 3.50 pm and returned at 4.20 pm to request further information on the decision made by the Independent Person and the Parish Council Observer.

The Independent Person and the Parish Council Observer further outlined their reasons for their decision.

The Sub-Committee, Assistant Solicitor and Democratic Services Officer left the meeting at 4.25 pm and returned at 4.50 pm to advise of the Sub-Committee's decision.

The Sub-Committee determined that there had been no breach of paragraph 9, but there had been a breach of paragraph 10 of the Code of Conduct.

The Chairman invited the Independent Person, the Investigating Officer and the Parish Council Observer to make representations on any sanctions they considered should be implemented.

The Sub-Committee, Assistant Solicitor and Democratic Services Officer left the meeting at 4.58 pm and returned at 5.10 pm to advise of the Sub-Committee's decision on any sanctions that were to be implemented.

In concluding the meeting, the Chairman confirmed that a written decision would be published within 20 working days and there was no right of appeal.

RESOLVED:

(1) That the Sub-Committee found that there was no breach of Paragraph 9 of the Code of Conduct.

(2) That the Sub-Committee found that there was a breach of Paragraph 10 of the Code of Conduct and that a sanction be applied to the Parish Council.
RECOMMENDED:
(1) That the Sub-Committee's findings be reported to the Parish Council for information.
(2) That it be strongly urged, in the interests of the residents of Leysdown, that the entire Leysdown Parish Council, including the Parish Clerk, undertake training on the Code of Conduct and Chairmanship of meetings, as a matter of urgency.
 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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