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MAIDSTONE BOROUGH COUNCIL

Standards (Hearing) Sub-Committee

26 April 2012

Report of the Monitoring Officer – Hearing into allegations that former Parish Councillor Chris Dyke breached Bearsted Parish Council’s Code of Conduct

Introduction and Background

On the 19 September 2011 the Standards (Assessment) Sub-Committee considered 2 complaints concerning the alleged conduct of Mr Chris Dyke, formerly of Bearsted Parish Council.  The decision of the Standards Sub-Committee was to refer the complaints for investigation.

On the 29 February 2012 the Standards (Consideration) Sub-Committee considered the Investigating Officer’s report and decided that it should be referred to a hearing.  It therefore now falls to the Standards Sub-Committee to hear the matter and decide whether or not there has been a breach, or breaches, of the Code of Conduct, and if so, what sanction to impose, if any.

Although the Investigating Officer found that there had been no breach of the Code by Mr Dyke, the Sub-Committee referred the matter to a hearing in relation to the allegations that Mr Dyke had brought his office or authority into disrepute; that he had failed to treat others with respect; and that he had compromised the impartiality of those who work for the authority.  The Sub-Committee agreed with all of his other findings of no breach.

Following the issue of the Decision Notices, Mr Dyke resigned from the Parish Council on 19 March.

Details of the allegations and the relevant sections of the Code of Conduct are set out in the Pre-Hearing Process Summary attached as Appendix A.  The Investigating Officer’s Reports are attached at Appendix B.  The Hearing Procedures for the Standards Sub-Committee are attached as Appendix C.  Mr Dyke has not responded to requests to complete the hearing documentation setting out which parts of the Investigating Officer’s report he agrees and disagrees with.  He has not advised whether he intends to attend the hearing.  However, he has advised Maidstone Borough Council’s Chief Executive that he has opted not to be involved in the hearing process, and has requested that the hearing be cancelled whilst investigations are carried out into alleged leaks of the Investigating Officer’s report(s) which he claims will prejudice the hearing process.  I have discussed this with the Chairman, and we see no need to postpone the hearing.

Recommendations

That: -

1.   The Standards Sub-Committee conduct the hearing in accordance with the Hearing Procedures for the Standards Sub-Committee and the legislation

2.   The Standards Sub-Committee consider the evidence and determine whether there has been any breach, or breaches, of the Code of Conduct by Mr Dyke.

3.   If the Standards Sub-Committee find that there has been a breach, or breaches, of the Code of Conduct, it should determine whether to impose the sanction of censure, this being the only remaining available sanction as a result of Mr Dyke no longer holding the position of Parish Councillor.