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Agenda item
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 of Conduct had taken place.
The Committee retired to consider findings of fact and which sections of the Code of Conduct had been breached (if any). They returned to announce their findings of fact, as follows:-
Decision:-
Having read the report and heard from all parties including Councillor Kim Forward, Victoria Simpson and the views of the Independent Persons, the facts are not disputed.
Resolved unanimously (Councillor Dowling proposed and Councillor Clarke seconded) that there was a technical breach of Paragraph 13(2) of the Code. Paragraph 13 (2) Subject to paragraph 14, you must within 28 days of becoming aware of any new personal interest falling within sub-paragraphs (1)(i) or (1)(ii) or any change to any personal interest registered under sub-paragraphs (10(i) or (1)(ii), register details of that new personal interest or change by providing written notification to your authority’s monitoring officer.
There was no breach of the Code of Conduct in respect of paragraphs 9(1) and 12(1).
Reasons for the decision:-
1. Members considered the witness statements of Councillor Cooke and Councillor Forward, the Independent Persons and the external investigators report.
2.At the time of the event complained of Councillor Forward was an elected member of Hastings Borough Council and was required to observe the Code of Conduct of Hastings Borough Council.
3. Councillor Forward was at the Full Council meeting on 26th October as a Councillor and therefore was in office as the time of the alleged conduct and the Code of Conduct was in force at that time.
4.Councillor Forward admitted that she did fail to update her register within the required 28 day period following a change in her interests. This was an omission as opposed to a deliberate act and once it was brought to her attention Councillor Forward rectified the situation.
Victoria Simpson addressed the Committee on the issue of sanctions. She advised that the sanctions need to be proportionate and relevant to the breach of the Code of Conduct. She added that in addition to the sanctions listed in her report, members could decide to impose a sanction of no further action as the breach was a technical breach and has been remedied.
Councillor Forward said she was sorry for the technical breach of the Code of Conduct and will ensure she would update her member’s interest form on a regular basis.
Jan Gray and Susan Fellows, Independent Persons, both agreed that as Councillor Forward had apologised and rectified the breach that no further action should be taken.
The Committee retired to consider what sanctions, if any, to apply. They returned and announced the sanctions as follows:-
RESOLVED (unanimously) Councillor Sinden proposed and Councillor Bacon seconded):- No further action
Reasons for the sanction imposed:-
The Committee agreed that in light of the fact that Councillor Forward had apologised for the technical breach and rectified the error as soon as it was brought to her attention to take no further action was an appropriate and proportionate sanction for this technical breach of the Code of Conduct. The Committee asked that all members be reminded to check their register of interests on a regular basis.
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