Minutes:
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 the investigation of the complaint and
neither attended the hearing.
In accordance with our complaints process there is no right
of appeal.