Agenda and minutes

The Sub-Committee

RESOLVED: That Councillor Gordon Jackson be elected chairman for the hearing.

There were no apologies for absence from members of the Sub-Committee.  Apologies for absence were received from the two complainants.

In accordance with the Councillors’ Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must notparticipate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

There were no disclosures of interests.

The Sub-Committee noted that two allegations of misconduct against Councillor David Reeve (“the Subject Member”) had been submitted by Councillors Paul Spooner and Caroline Reeves (“the Complainants”) in July 2016 concerning the release of a report written by the Subject Member, which was based, it was alleged by the Complainants, on information provided to him on a confidential basis as an elected councillor.

In accordance with the procedures set out in the adopted Arrangements for dealing with allegations of misconduct by councillors (“the Arrangements”), the then Monitoring Officer assessed the allegations and, after consulting the Independent Person, decided that the matter should be referred for an independent investigation.

Olwen Dutton, Partner for Anthony Collins Solicitors LLP, was instructed in September 2016 to investigate the complaints.   

In January 2017, the Investigating Officer’s draft report was received and circulated to the Subject Member and the Complainants for comment. The report attached a number of appendices, which included details of interviews with the Complainants, the Subject Member, and a Principal Planning Officer.

In March 2017, following consideration of comments, the Investigating Officer submitted her final report to the then Monitoring Officer. The conclusions reached in the final report were that the Subject Member had breached the Code of Conduct through:

(a)         the disclosure of confidential information (para 3 (a) of the Code)

(b)         failure to treat others with respect (para 2 (1) of the Code)

(c)     conducting himself in a manner which could reasonably be regarded as bringing the office of councillor or the Council into disrepute (para 4 of the Code)

Upon receipt of the final report and in consultation with the Council’s Independent Person, the then Monitoring Officer sought to achieve a local resolution. Meetings were held between the Independent Person, the then Monitoring Officer, the Complainants and the Subject Member but unfortunately a local resolution could not be agreed between the parties.

In such circumstances, the Council’s Arrangements provided that if the Monitoring Officer considered that a local resolution was not appropriate, or the Subject Member concerned was not prepared to undertake any proposed remedial action, then the Monitoring Officer would take the Investigating Officer’s report to the Hearings Sub-Committee.

This Sub-Committee had therefore been convened to conduct a local hearing into this matter.

In accordance with the Council’s Arrangements, the Chairman confirmed that the Sub-Committee was quorate, and then invited any representations from the Deputy Monitoring Officer, the Investigating Officer and the Subject Member as to whether any part of the hearing should be held in private and/or whether any documents (or parts thereof) should be withheld from the public and press (subject to Part 1 of Schedule 12A of the Local Government Act 1972 (as amended)).

As there were no such representations, the Chairman confirmed that the hearing would proceed in public.

The Investigating Officer presented her report to the hearing, a copy of which, including a number of appendices, was attached to the agenda circulated to the Sub-Committee.

The Subject Member, Councillor Reeve, asked  ...  view the full minutes text for item 4.