Agenda and minutes

Eastbourne Borough Council Standards Panel
Wednesday, 19th June, 2013 6.00 pm

Venue: Town Hall, Grove Road, BN21 4UG

Contact: Simon Russell on (01323) 415021  E-mail:  simon.russell@eastbourne.gov.uk

Items
No. Item

1.

Declarations of Disclosable Pecuniary Interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests under the Code of Conduct. (Please see note at end of agenda).

Minutes:

None were declared.

 

2.

Exclusion of the Public.

The Chief Executive considers that discussion of the following item is likely to disclose exempt information defined in Schedule 12A of the Local Government Act 1972 and may therefore need to take place in confidential session.  The relevant paragraph of Schedule 12A is shown beneath the item listed below.  Furthermore, in relation to paragraph 10 of Schedule 12A, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

RESOLVED: That the public be excluded from the remainder of the meeting as otherwise there was a likelihood of disclosure to them of exempt information as defined in Schedule 12A of the Local Government Act, 1972.

 

3.

Code of Conduct Complaint.

Report of Monitoring Officer – Report 05.

(Exempt information reason paragraph 1 – Information relating to any individual and reason paragraph 2 - Information which is likely to reveal the identity of an individual)

 

 

Additional documents:

Minutes:

The Panel considered a report of an investigation undertaken in respect of allegations against a Member of the Council which had been referred for local hearing by the Standards Panel in accordance with the authority’s arrangements for dealing with complaints.  

The Monitoring Officer advised that in accordance with the Localism Act 2011, the Panel was required to make the following decisions:

(a) a decision as to whether or not the Code had been breached.

(b) if it is decided that the Code had been breached, then a decision as to what sanction(s) if any to impose.

 

The Investigating Officer was invited to present their report and gave a brief outline of its contents, the relevant paragraphs of the Code of Conduct and a summary of their findings. 

The investigator’s report had concluded that there had been a breach of paragraphs 3(1) and (5) of the Code of Conduct but no breach of paragraph 4 (a).

The complainant and subject member were then invited to give evidence and to clarify questions posed by the Standards Panel.

Having heard the evidence presented in the Investigating Officer’s report and listened to the representations made by the subject member, the Panel retired to deliberate. Before reconvening the Panel consulted with the Independent Person in accordance with the authority’s arrangements for dealing with complaints.

RESOLVED: That having considered all the evidence in the Investigating Officer’s report, as well as the evidence and representations of the subject member and having consulted with the Independent Person, the Panel agreed that that the conduct complained of did amount to a breach of both paragraphs 3(1) and 5 of the Code of Conduct. Following further representations and consultation an appropriate sanction was imposed. 

(Exempt information reason paragraph 1 – Information relating to any individual and reason paragraph 2 - Information which is likely to reveal the identity of an individual)

 

(NOTE:  A full record of this decision has been circulated to relevant parties and is published on the authority’s website.  The Investigator’s report to the Sub-Committee and its deliberations remain confidential).