Agenda and minutes

To elect a Chairman for the meeting.

It was proposed by Cllr R Biggs, seconded by Cllr J Orrell

Decision

That Cllr M Hall be elected Chairman.

To disclose any pecuniary, other registrable or non-registrable interest as set out in the adopted Code of Conduct.  In making their decision councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

There were no declarations of interest.

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).

Members of the Sub-committee noted the Terms of Reference and the 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).

The Chairman asked the parties present if they objected to the hearing being held in open session.  As there were no objections the meeting was held in public.

The Investigating Officer, Roger Greene informed the Sub-committee that he had asked both parties to meet with him and to provide any documents or evidence relevant to the complaint, however both parties had declined.  The Investigating Officer presented his report, the main issue addressed in the report was whether or not Cllr G Lewis was acting on behalf of Portland Town Council when the incident, involving the delivery of letters to Mr Frampton  took place.  The Portland Town Clerk was very clear on the matter and had confirmed that Cllr G Lewis was not acting on behalf of Portland Town Council when delivering the letter to Mr Frampton (the complainant).  The Portland Town Council Code of Conduct contained a clear provision that the code did not apply to a councillor if the councillor was not acting on behalf of the Town Council.  The Investigation Report therefore concluded that there was no breach of the Code of Conduct.   

Mr Powell, the Independent Person stated that in the light of the evidence presented to the Sub-committee he agreed with the findings of the Investigating Officer that there was no breach of the Code of Conduct.  

Members of the Sub-committee asked about the letter that had been delivered to Mr Frampton, in response the Investigating Officer stated that the Town Council Clerk had confirmed that there had been no official correspondence from the Town Council to deliver to Mr Frampton.  Mr Frampton had not provided the Investigating Office with a copy of the letter. 

The Deputy Monitoring Officer advised the members of the Sub-committee that they needed to make a decision on the facts before them, even though the councillor and the complainant were not present.  The Sub-committee needed to consider, whether based on the evidence, was the councillor acting in her capacity as a town councillor at the time that the incident took place and she referred members to the LGA Code and the guidance that might help with

where the law would see the difference between acting as a councillor and acting in a personal capacity.

At that point the Sub-committee moved into private session to make a decision.  

On having returned to the Council Chamber the Chairman of the Sub-committee, Cllr M Hall read out the following decision:   

Decision

Having heard from the investigating officer and having read all of the papers, and having taken account of the view of the Independent Person, the committee has made a decision to agree with the recommendation of the Investigating Officer and find that there has been no breach of the Code. The committee agreed there was insufficient evidence to show that the councillor complained of was carrying out council business or representing the council at the time of the alleged behaviour. As a result, the committee agreed the members’ code of conduct did not apply at the time of the alleged behaviour and so there is no breach.

The committee expressed concern that neither the complainant nor the councillor fully engaged with  ...  view the full minutes text for item 56.