Agenda and minutes

Venue: Howard Room, Parkside, Chartway, Horsham

Contact: Email: CommitteeServices@horsham.gov.uk  Direct Line: 01403 215465

Items
No. Item

SC/1

Election of Chairman of the Sub-Committee for the meeting

Minutes:

RESOLVED

 

That David Coldwell be elected Chairman of the Sub-Committee for the purposes of this meeting.

 

SC/2

Declarations of Members' Interests

To receive any declarations of interest from Members of the Committee

Minutes:

Councillor David Coldwell declared a personal interest because he was acquainted with one of the complainants.

SC/3

To consider the following exempt or confidential information:

To conduct assessments in accordance with the Localism Act 2011 and the Localism Act (Commencement No. 6 and Transitional, Savings and Transitory Provisions) Order 2012

 

Reason for exemption:  Paragraph 1

Minutes:

RESOLVED

 

That under Section 100A of the Local Government Act 1972 as amended the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Local Government Act 1972 by virtue of the paragraph specified against the items and in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

SC/4

To conduct assessments in relation to the alleged conduct of Parish Councillors (Case References: CES: 141, 142, 143, 144, 145, 146 and 147)

Minutes:

Exempt information Paragraph 1 – Information relating to an individual

 

Assessments were conducted under the Localism Act 2011 Chapter 7 and the ‘arrangements’ which the Council has put in place for the assessment of such complaints under S 28(6) of the Act in relation to the alleged conduct of a number of Parish Councillors.

 

The Local Assessment Sub-Committee assessed seven complaints that had been received, each alleging that a Parish Councillor had failed to comply with the Parish Council’s Code of Members’ Conduct (‘the Code’). 

 

There had been a number of different Complainants comprising members of the public as well as Parish Councillors and all complaints related to Members of the same Parish Council: CES/141 related to Subject Member A; CES/142, 144, 145 and 146 related to Subject Member B; CES/143 related to Subject Member C; and CES/147 related to Subject Member D.  

 

The allegations had been received between 23 May and 11 June 2017 and referred to the following paragraphs of the Code:

 

CES/141 and CES/142:  Part 1: 3(1) You must treat others with respect; 3(2) you must not (b) bully any person, (c) intimidate or attempt to intimidate any person who is likely to be a complainant or a witness; 5 You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute; The Nolan General Principles of Public Life – accountability, openness, leadership.  These two complaints related to the same incident.

 

CES/143:  3.2(c) You must not intimidate or attempt to intimidate any person who is likely to be (i) a complainant, (ii) a witness, or (iii) involved in the administration of any investigation or proceedings, in relation to an allegation that a member (including yourself) has failed to comply with his or her authority’s code of conduct; 6(a) You must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage.

 

CES/144:  3(1) You must treat others with respect; 4(a) You must not disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where you have the consent of a person authorised to give it.

 

CES/145: 2(4)(a) It is a criminal offence, without reasonable excuse, to fail to notify the authority’s monitoring officer of a disclosable pecuniary interest as defined in paragraph 13(1) of the Code.

 

CES/146:  4(b) You must not prevent another person from gaining access to information to which that person is entitled by law; 5 You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute; The Nolan General Principles of Public Life – integrity, accountability, openness, honesty, preserving public confidence

 

CES/147:  3(2)(b) and (c)i  You must not bully any person, intimidate or attempt to intimidate any person who is or is  ...  view the full minutes text for item SC/4