Agenda and minutes
Venue: Shelley Room, Parkside, Chart Way, Horsham
Contact: Email: CommitteeServices@horsham.gov.uk Direct Line: 01403 215465
Election of Chairman of the Sub-Committee for the meeting
That David Coldwell be elected Chairman of the Sub-Committee for the purposes of this meeting.
Declarations of Members' Interests
Councillor David Coldwell declared a personal interest because he had met the Subject Member, but was not well acquainted with the Subject Member.
Exclusion of the Press and Public
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.
To Conduct an Assessment in Relation to the Alleged Conduct of a Parish Councillor (Case Reference CES/150)
Exempt information Paragraph 1 – Information relating to an individual
The Local Assessment Sub-Committee assessed a complaint that had been received alleging that a Parish Councillor had failed to comply with the Parish Council’s Code of Members’ Conduct (‘the Code’). The assessment was 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 Parish Councillor.
The allegation was from two Complainants who were Members of the same Parish Council as the Subject Member. It had been received on 22 August 2017 and referred to the following paragraphs of the Code:
5) You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute;
6) You –
(a) 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; and
(b) must, when using or authorising the use by others of the resources of your authority—
(i) act in accordance with your authority’s reasonable requirements;
(ii) ensure that such resources are not used improperly for political purposes (including party political purposes); and
(c) must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.
The complainants also referred to paragraphs 8, 9 and 10 (Personal and Prejudicial Interests) as set out below, alleging a personal and prejudicial interest had not been declared and participation in items of business conducted at a Parish Council meeting.
it relates to or is likely to affect -
(i) any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;
(ii) any body –
(aa) exercising functions of a public nature;
(bb) directed to charitable purposes; or
(cc) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union), of which you are a member or in a position of general control or management;
(iii) the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £50;
(b) a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of—
(i) (in the case of authorities with electoral divisions or wards) other council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision; or
(ii) (in all other cases) other council tax payers, ratepayers or inhabitants ... view the full minutes text for item SC/4