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Agenda and minutes
Venue: Council Chamber, Muriel Matters House, Breeds Place, Hastings, TN34 3UY. Please enter the building via the Tourist Information Centre entrance.
Contact: Democratic Services on 01424 451484 email: democraticservices@hastings.gov.uk
Items No. Item Appointment of Chair
Minutes:
The Monitoring Officer opened the meeting and explained that given a potential conflict of interest which had been raised Councillor Evans decided not to attend and was substituted by Councillor Webb.
A potential conflict of interest was also raised against Councillor Roberts, who as Vice-Chair would normally chair the meeting in Councillor Evans’ absence. The Monitoring Officer therefore asked for nominations for Chair for the duration of the meeting.
Councillor Sinden proposed Councillor Pragnell be appointed Chair for the duration of the meeting, seconded by Councillor Roberts.
RESOLVED (unanimously) – that Councillor Pragnell be appointed Chair for the duration of the meeting.
Apologies for absence
Minutes:
Apologies for absence received from Councillor Evans. Councillor Webb was present as a substitute for Councillor Evans.
Declarations of Interest
Minutes:
Councillor
Minute
Interest
Roberts
47 – Standards Complaint Ref 2021-2
Personal – Had a Teams meeting with Councillor X to discuss political group procedure. Was also present at a speech given by Councillor X as a press photographer.
Webb
47 – Standards Complaint Ref 2021-2
Personal – Has supported one of the complainants but over past years has supported individuals from all parties, including Councillor X.
Sinden
47 – Standards Complaint Ref 2021-2
Personal – Knows Councillor X and their family and was present at a speech given by Councillor X
Councillor X’s witness queried whether Councillor Webb’s interest was personal or prejudicial. The Monitoring Officer read out the description of a prejudicial interest and said the interest should be considered personal and Councillor Webb could therefore take part in the meeting. The witness requested that it be noted that Councillor Webb was intending to support one of the complainants in a planned meeting with the witness and the complainant.
Minutes of the previous meeting PDF 202 KB
Minutes:
RESOLVED – that the minutes of the meeting held on 15th December 2021 be approved by the Chair as a true record.
Standards Complaint Ref 2021-2
Minutes:
The Monitoring Officer presented a report to decide what action to take in respect of five complaints against Councillor X regarding the following paragraphs of the Code of Conduct:
Section 3 - (1): You must treat others with respect.
Section 3 - (2)(a) You must not- do anything which may cause your authority to breach any of its equalities duties (in particular as set out in the Equality Act 2010). (b) bully any person.
Section 5 - You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.
Section 6 – (a) You must not use your position as a councillor or co-opted member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage.
The Monitoring Officer explained that the purpose of the meeting is for the Committee to decide if there has been a breach of the code, and to decide appropriate action, if any. Councillor X is also in attendance to give their evidence.
All five complaints were related to the same incident. The complaints were received between 19th September 2021 and 29th October 2021 and the Monitoring Officer met with Councillor X on 22nd September to discuss the complaints.
The Committee were shown evidence relating to the complaints, including a video and press articles.
The Monitoring Officer described the steps taken following receipt of the complaints. Councillor X was made aware of the complaints and given the opportunity to speak to Amanda McIntyre, one of the Independent Persons. Amanda offered advice on the complaints procedure.
The Monitoring Officer spoke to both Independent Persons in November 2021 to discuss the complaints, following which it was agreed that they were sufficiently serious to be sent to the Standards Assessment Sub-Committee for discussion. The Sub-Committee met on 15th December 2021 to assess the initial tests and decide whether there was a breach of the code.The Assessment Sub-Committee concluded that the initial tests were met and the evidence presented constituted a breach of the code. However, they decided to convene a full hearing to allow Councillor X to present their case before reconsidering the initial tests.
Councillor X’s representative gave a submission to the Committee and responded to each complaint. Evidence was provided to the Committee by Councillor X as well as a detailed written response to the points raised in the complaints. Councillor X called a witness who gave evidence to the Committee.
The Standards Committee carefully considered the Monitoring Officer’s report, the complaints, the evidence and submissions made by Councillor X, their representative and witness and sought the view of the Independent Person. The Standards Committee concluded that the complaints satisfied the initial tests in that at the time of the events complained of Councillor X was an elected member of Hastings Borough Council and was required to observe the Code of Conduct of Hastings Borough Council. The Standards Committee concluded that Councillor X was acting in their capacity as a ... view the full minutes text for item 48.
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