Agenda and minutes

To confirm that Mr Sam Hartley will chair this meeting of the Assessment Sub-committee.

Mr Sam Hartley was confirmed as the Chairman for this meeting of the Sub-committee.

Members are asked to declare any interests in matters for consideration at the meeting.

Mr Hartley declared a personal interest in Agenda 3A (Complaint 1) by virtue of the fact that he had signed the petition in favour of provision of a Catholic Secondary School in the Borough.

The Committee will assess any allegations that a member of the Authority has failed, or may have failed, to comply with the Code of Conduct and either:

i. Refer the allegation to the Monitoring Officer, with an instruction that he arrange a formal investigation of the allegation, or direct that he arrange training, conciliation or such appropriate alternative steps as permitted by Regulations;

ii. Decide that no action should be taken in respect of the allegation; or

iii. Consider that the matters raised are not within the jurisdiction of the sub-committee.

No complaints had been received by the Monitoring Officer for consideration at this meeting other than those already listed on the agenda.

Four complaints had been received alleging a breach of Part 2 of the Code of Conduct and in particular paragraphs 8,9,10 and 12 which relate to the declaration of personal and prejudicial interests and their effect on a Statutory Co-opted Member’s ability to participate in a meeting.

The Sub-committee gave careful consideration to the complaints.  A motion to refer the matter for investigation was carried by four votes to one, with Councillor Linnette dissenting.

RESOLVED that the four complaints be referred for further investigation by the Monitoring Officer.

REASONS:

That there appeared to be a lack of clarity within the Members’ Code of Conduct on the position of a Statutory Co-opted Member’s interests and his or her voting rights in relation to education matters.

One of the four complaints received also raised concerns that the Chairman of an Overview and Scrutiny Committee and all other Members and Co-opted Members (both Statutory and Non-Statutory) had failed to protest when a Statutory Co-opted Member did not declare an interest in items listed on the agenda.  This complainant was therefore alleging a breach of Paragraph 5 of the Code of Conduct.

RESOLVED that the complaint be not referred for further investigation or determination and be rejected as detailed on the attached Decision Notice.

REASONS:

1.      No obligation on councillors to take steps to prevent their fellow Members from voting

2.      Declaration of interests is a personal responsibility and not a matter for the committee as a whole.

Following the meeting, an investigation was undertaken by the Monitoring Officer of another London Borough into the complaint concerning a Statutory Co-opted Member’s declaration of interests and ability to participate in a meeting.  It was determined that there had been no breach of the Code of Conduct and that there would be no further action.

A complaint had been received alleging a breach by three councillors of paragraphs 3(1) and 5 of the Code of Conduct which relate to treating others with respect and conducting oneself in a manner that would bring the office of councillor or the authority into disrepute.

RESOLVED that the complaint be not referred for further investigation or determination and be rejected as detailed on the attached Decision Notice.

REASONS:

1.      There is no obligation on councillors to become involved in meetings with local residents and Standards for England Guidance states that a failure to respond to correspondence is not a breach of the Code of Conduct.

2.      The conduct of Officers is outside the remit of this committee.

3.      The accusations arise from the operation of policy on planning matters and their enforcement.  Consideration of policy is outside the Code of Conduct.