Agenda and minutes

To elect a Chairman for the meeting.

It was proposed by Cllr S Cocking seconded by Cllr R Biggs

Decision

That Cllr M Hall be elected Chairman.

To receive any apologies for absence.

There were no apologies for absence.

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 Conduct (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).

The committee received the terms of reference and the 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 items of urgent 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).

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of 1 & 2 of schedule 12 A to the Local Government Act 1972 (as amended).

The public and the press were asked to leave the meeting whilst the item was considered.

It was proposed by Cllr Hall seconded by Cllr Biggs

Decision

That in line with legal advice from the Deputy Monitoring Officer the press and public be excluded for consideration of points of process in view of the likely disclosure of exempt information withing the meaning of paragraph 1 & 2 of schedule 12A to the Local Government Act (as amended).       

The Investigating Officer, Roger Greene and the Solicitor representing the councillor were consulted in advance of and agreed to the decision.

At that point, the Sub-committee moved into Committee Room 1 to continue the meeting in exempt business.   

To consider the report by the Investigating Officer.

After considering all of the points of process submitted by both Roger Greene and the Solicitor representing the councillor the members of the Sub-committee adjourned to consider their decision.

On returning to the Council Chamber the Chairman announced the following decision:

Decision

Having heard, in exempt session, the submissions from the Investigating Officer, the representative of the councillor and the relevant points of process, lawfulness and fairness, having considered relevant papers and the views of the independent person, this sub-committee concludes that it is not appropriate or possible to continue with this code of conduct complaint to a full hearing.   Accordingly, the code of conduct complaint is dismissed without hearing or any finding on the substantive points of complaint. 

Although the hearing today cannot proceed and the sub-committee has dismissed the complaint without finding, it has a number of concerns arising from the submissions that it will raise with the monitoring officer for attention.