Agenda and minutes

To elect a Chairman for the meeting.

Councillor Richard Biggs was elected as Chairman for the meeting of the Sub-Committee.

To receive any apologies for absence.

There were no apologies for absence.

To receive any declarations of interest.

No declarations of disclosable pecuniary interests were made at the meeting.

Cllr Simon Christopher advised members that he had taken advice on the first complaint from the Deputy Monitoring Officer as he was the ward member.   She confirmed that he was able to continue on the Sub-Committee.

To note the Sub-Committee’s terms of reference:-

Audit and Governance (Hearing) Sub-Committees for the consideration of Code of Conduct Issues

(a)        The Audit and Governance Committee shall arrange that, to the extent it is called upon to determine any allegation relating to a Member Code of Code (including that of a Town Council or a Parish Council), the determination shall be made by a Sub-Committee of the Audit and Governance Committee.  An Audit and Governance Sub-Committee with such responsibility may include non-Members.  An Audit and Governance Sub-Committee that has non-Members forming part of it shall not have any power relating to the regulation and/or control of the finances of the Council.

(b)        Substitutes may only be appointed to an Audit and Governance Sub-Committee from the membership of the Audit and Governance Committee.  There shall be no power to appoint non Member substitutes.

To note the Dorset Council Member Complaint Process (attached).

All present noted the Hearing Sub-Committee Terms of Reference and Dorset Council Member Complaint process.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972.  The reason for urgency shall be recorded in the minutes.

There were no urgent items of business.

To move the exclusion of press and the public for the following items in view of the likely disclosure of exempt information within the meaning of paragraph 1 of schedule 12A to the Local government act 1972 (as amended).

Decision

That the hearing for both of the complaints being considered be held in an open meeting.

To consider an exempt report from the Investigation Officer. NOT FOR PUBLICATION

The Investigating Officer highlighted his background and the reasons why he had been approached to investigate complaints about elected members on behalf of Dorset Council.

The Sub-Committee received the Investigating Officer’s report in respect of a complaint against a councillor from Broadwindsor Parish Council that had been received by the Monitoring Officer.

The complaint was in respect of a planning application.  The Investigating Officer explained that the planning application referred to had been submitted by an agent and not the councillor and highlighted that the Code of Conduct did not provide for members acting in a private capacity. It was also noted that the councillor was no longer a serving councillor.

The Chairman highlighted to members the actions that could arise from this meeting; whether to accept the conclusion of the Investigating Officer, to refer for informal resolution or if a full hearing was warranted.

Following a discussion the Sub-Committee agreed to accept the conclusion of the Investigating Officer’s report; that as the councillor was no longer a serving councillor the complainant had received the remedy required for his complaint.

Decision

That:

·         The Sub-Committee unanimously agreed to accept the Investigator’s findings and conclusion of the report; and

·         The complaint  was dismissed.

To consider an exempt report from the Investigation Officer. NOT FOR PUBLICATION

For ease of reference please see below the links to the relevant legislation

1.    The Local Authorities model Code of Conduct (England) Order 2001 – www.legislation.gov.uk/uksi/2001/3575/contents/made

2.    The Local Authorities model Code of Conduct (England) Order 2007 – www.legislation.gov.uk/uksi/2007/1159/contents/made

3.    The Localism Act 2001, Part 1, Chapter 5, 6 and 7 – Sections 20, 25, 26-37 –

www.legislation.gov.uk/uppga/2011/20/contents

The Sub-committee received the Investigating Officer’s report regarding a complaint against former North Dorset District councillors that had been received by the Monitoring Officer. 

All three strands of the complaint were very similar and were summarised in the report.  The Investigating Officer outlined the history of the complaint and advised members of the conclusion of his report to dismiss the complaints.   The councillors who were the subject of the complaints were not elected to Dorset Council and accordingly any possible sanctions would not apply.

The Investigating Officer highlighted to the Sub-Committee that this investigation had been difficult to progress as a number of the senior officers involved had since left the authority. He added that none of the former councillors had responded to requests for information.

It was noted that several of the allegations in the complaints were not covered by the Code of Conduct and therefore were not part of the investigation.

The main area of complaint had been against one councillor regarding a declaration of interest of another councillor.  This would have been a matter for the disclosing councillor and not the councillor complained of.

If a full hearing of the Sub-Committee was arranged the former councillors were not obliged by law to attend and there would also be no sanctions available to the Sub-Committee as the councillors were no longer serving councillors.

The Deputy Monitoring Officer reminded members of the purpose of this meeting which was to decide to accept the conclusion of the Investigating Officer’s report or arrange a full hearing; bearing in mind any former councillors could not be made to attend, were no longer councillors, there were no available sanctions and what could be gained by holding such a hearing.

 The Sub-Committee considered that as the three councillors mentioned in the complaint were no longer serving councillors and there were no sanctions available to the Sub-Committee it would not be worth holding a full hearing.

Decision

That:

·         The Sub-Committee unanimously agreed to accept the Investigator’s findings and conclusion of the report, and

·         The complaint was dismissed.