Agenda item

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 Parish Councillor.

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

Six of these complaints (CES/126, CES/127, CES/130, CES/131, CES/132 and CES/133) related to the same series of events and, whilst these allegations referred to a variety of paragraphs within the Code, they included the same or similar allegations regarding the conduct of the subject Member.

The allegations had been received between 17^th February and 5^th April 2016 and claimed that the Parish Councillor had breached the following paragraphs of the Code:

CES123:  Part 5: The General Principles of Public Life; 1 – Selflessness and 6 – Honesty 

CES126:  Paragraphs 14(1) and 15(1) regarding Disclosable Pecuniary Interests (DPIs)

CES127:  Paragraphs 2(4), 13 and 15(1) regarding DPIs, and 3(2) regarding intimidation

CES130: Paragraphs 2(4) regarding DPIs; 6(a) regarding improper advantage; 8(1)(b) (ii), 8(2)(a) regarding personal and prejudicial interests; 9(1) – (4) regarding personal interests; 10(1) regarding prejudicial interests; 12(1); effect of prejudicial interests on participation; and 15 (1) effect of DPIs on participation

CES131:  Paragraphs 2(4) regarding disclosure of DPIs and 15(1) regarding effect of DPIs on participation

CES132:  Paragraphs 2(4) regarding disclosure of DPIs and 15(1) regarding effect of DPIs on participation

CES133: Paragraphs 15(1)(c) regarding effect of DPI on participation

Members of the sub-committee considered the view of the Parish Representative and of the Independent Person and considered the advice of the Monitoring Officer. 

Members considered that the subject matter of the allegations was within the jurisdiction of the Local Assessment Sub-Committee, and therefore considered whether the allegations appeared to disclose a failure by the subject Member to comply with the Code. 

The sub-committee considered each alleged breach of the Code referred to in complaints CES/126, CES/127, CES/130, CES/131, CES/132 and CES/133 regarding the conduct of the subject Member at a Parish Council meeting, and considered the alleged breach of the Code referred to in complaint CES/123.  

RESOLVED – CES/123

(i)            In accordance with Chapter 7 of the Localism Act 2011 and the Arrangements adopted by the District Council to deal with Code of Conduct complaints regarding Councillors, the Local Assessment Sub-Committee decided that on the basis of the information supplied, if the matter were proven, it would not amount to a breach of Part 5 of the Parish Council’s Code of Members’ Conduct.

(ii)          The Committee recommended that the Monitoring Officer arrange a training session with the subject Member within the next two months and report back to the Sub-Committee to confirm that training has taken place.    

REASONS – CES/123

(i)            The Sub-Committee found that whilst the General Principles of Public Life included in Part 5 of the Code underpin the Code of Conduct they do not in themselves create any separate obligations upon Members. Where therefore a subject Member is alleged to have breached the principles this shall not amount to a breach of the Code of Conduct itself.  

RESOLVED – CES/126; CES/127; CES/130; CES/131; CES/132; CES/133

(i)            In accordance with Chapter 7 of the Localism Act 2011 and the Arrangements adopted by the District Council to deal with Code of Conduct complaints regarding Councillors, the Local Assessment Sub-Committee decided that on the basis of the information supplied, if the matter were proven, it would amount to a breach of paragraphs 8(1)(b), 9(1), 10(1) and 12 (1) of the Code of Conduct.

(ii)          The Sub-Committee found no evidence of breach of paragraphs 2(4)(d), 3(2), 13, 14(1) 15 (1) or otherwise of the Code of Conduct.

(iii)         The Committee recommended that the Monitoring Officer arrange a training session with the subject Member within the next two months and report back to the Sub-Committee to confirm that training has taken place.    

REASONS – CES/126; CES/127; CES/130; CES/131; CES/132; CES/133

(i)            The Sub-Committee considered that on the basis of the information provided, if proven, the subject Member would have had a personal and prejudicial interest in an item of council business.