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Agenda and minutes
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Contact: Emily Horne on 01424 451719 email: ehorne@hastings.gov.uk
Items No. Item Apologies for Absence
Minutes:
Apologies for absence were received from Councillors Cooke and Chowney.
Declarations of Interest
Minutes:
There were no declarations of interest made at this meeting.
Minutes of the meeting held on 8 December 2016 PDF 63 KB
Minutes:
RESOLVED - (unanimously) that the minutes of the Assessment Sub-Committee meeting held on 8 December 2016 be approved.
Complaint - SB/06/02/2016
Minutes:
The Monitoring Officer submitted a report in respect of a complaint alleging several breaches of the Code of Conduct by Councillor Kim Forward. Councillor Cooke had given his apologies for this meeting and Councillor Forward was present.
On 14th November 2016 the Monitoring Officer received a complaint from Councillor Robert Cooke concerning Councillor Kim Forward.
Councillor Cooke's complaint stated that Councillor Forward had failed to declare a prejudicial interest at the Full Council meeting on 26th October 2016 regarding her involvement in the Council's Social Lettings Agency Scheme and during consideration of the report of the Housing Strategy which was approved by Full Council on 20th July 2016.
At the initial assessment meeting held on 8th December 2016, the Committee agreed that the complaint met the initial tests set out in the Monitoring Officer's report. The committee believed the evidence was sufficient to warrant appointing an external investigator.
Victoria Simpson of Orbis Public Law was appointed by the Monitoring Officer to conduct the investigation into the complaint against Councilor Forward. The decision was taken to conduct the investigation after the local election on 4th May 2017 and the general election on 8th June 2017 due to the nature of the complaint, so as not to take place during Purdah. The report of the external investigator confirmed that a ‘technical’ breach of the Code had taken place. The Monitoring Officer arranged a hearing to allow the Standards Committee to decide if they agreed with the findings of the report and determine any action to take if appropriate. The hearing would allow both Councillors Cooke and Forward, to make their own submissions.
Victoria Simpson’s report was appended to the Monitoring Officer’s report as Appendix B. The report was restricted as it contained exempt information by virtue of Paragraph 1.2 of Schedule 12A to the Local Government Act 1972 because some of the interviews were undertaken on a confidential basis and contained sensitive information.
The Monitoring Officer outlined the procedure for the meeting. She said it had taken some time to deal with the complaint as the matter was passed on to an external investigator and needed to take place after the elections so as not to take place during Purdah.
Victoria Simpson outlined the steps she had taken during her investigation. She thanked Councillor Forward for her co-operation during the investigation and referred to her findings set out in her report. It was her view that there has been a technical breach of the Code of Conduct in respect of paragraph 13(2) of the Code as a result of the Councillor Forward’s failure to update her entry on her register of interests within 28 days of a change. It was also her view that there was no breach of the Code of Conduct in respect of paragraphs 9(1) and 12(1) of the Code of Conduct.
Members thanked Victoria Simpson for her comprehensive report.
Jan Gray and Susan Fellows, Independent Persons, both agreed that a technical breach of Paragraph 13(2) of the Code ... view the full minutes text for item 4.
Complaint - SB/06/03/2016
Minutes:
The Monitoring Officer submitted a report to decide what action to take in respect of a complaint alleging several breaches of the Code of Conduct by Councillor Rob Lee.
Councillor Chowney had given his apologies for this meeting and Councillor Lee was present.
On 16th November 2016 the Monitoring Officer received a complaint from Councillor Peter Chowney concerning Councillor Rob Lee.
Councillor Chowney's complaint stated that at the Full Council meeting on 26th October 2016, Councillor Lee’s behaviour and comments towards Councillor Kim Forward breached the Code of Conduct. The complaint alleged that Councillor Lee accused Councillor Forward of failing to declare a personal interest in the report on the housing strategy that was approved by Full Council. He accused her of financial gain through participating in the Council’s Social Lettings agency Scheme and of not declaring an interest in that scheme. In doing so Councillor Chowney alleged that Councillor Lee was in breach of the second principle of the Code, in that his integrity could be questioned as a result of his untrue allegations about Councillor Forward, that he behaved improperly and that he failed to avoid the appearance of such behavior. The complaint alleges that in making false allegations about Councillor Forward, Councillor Lee breached the sixth principle of the Code, in that he placed himself in a situation where his honesty may be questioned, he behaved dishonestly, and he failed to avoid the appearance of such behavior. The complaint also alleges that in the tone and content of his verbal attack on Councillor Forward, Councillor Lee breached article 3(02)(b) of the Code, regarding a requirement not to bully any person.
At the initial assessment meeting held on 8th December 2016, the Committee agreed that the complaint met the initial tests set out in the Monitoring Officer's report. The Committee believed the evidence was sufficient to warrant appointing an external investigator.
Victoria Simpson of Orbis Public Law was appointed by the Monitoring Officer to conduct the investigation into the complaint against Councillor Lee. The decision was taken to conduct the investigation after the local election on 4th May 2017 and the general election on 8th June 2017 due to the nature of the complaint, so as not to take place during Purdah. The report of the external investigator confirmed that a breach of the Code had taken place. The Monitoring Officer arranged a hearing to allow the Standards Committee to decide if they agreed with the findings of the report and determine any action to take if appropriate. The hearing would allow both Councillors Chowney Lee, to make their own submissions.
Victoria Simpson’s report was appended to the Monitoring Officers report as Appendix B. The report was restricted as it contained exempt information by virtue of Paragraph 1.2 of Schedule 12A to the Local Government Act 1972 because some of the interviews were undertaken on a confidential basis and contained sensitive information.
The Monitoring Officer outlined the procedure for the meeting. She said it had taken some ... view the full minutes text for item 5.
Additional Urgent Items (if any)
Minutes:
None.
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