There were no apologies for absence.

There were no disclosures by Members or Officers.

There were no disclosures of lobbying.

Report of the Monitoring Officer (Tunbridge Wells Borough Council)

The Monitoring Officer submitted a report setting out the background to the hearing.  It was noted that the Sub-Committee, at its meeting held on 24 February 2009, considered an allegation received from Mr Suresh Khanna that Councillor Vanessa Jones may have failed to comply with Bredhurst Parish Council’s Code of Conduct.  The Sub-Committee agreed to refer the allegation to the Monitoring Officer for investigation.  The Monitoring Officer appointed an Investigating Officer to look into the matter and his report was considered by the Sub-Committee at its meeting held on 31 July 2009.  It was agreed that the report should be referred to a hearing by the Sub-Committee.

The Investigating Officer had considered whether Councillor Jones failed to comply with paragraphs 3(1), 3(2)(a), 3(2)(c), 3(2)(d), 4(a), 4(b), 5, 6(a), 6(b)(i) and 6(b)(ii) of the Code of Conduct of Bredhurst Parish Council.  He had concluded that Councillor Jones failed to comply with paragraph 4(a) which relates to the disclosure of confidential information, but did not fail to comply with the other aforementioned paragraphs of the Code of Conduct.

The Hearing

The Chairman first of all formally asked Councillor Jones if she admitted to having breached the Code of Conduct.  Councillor Jones admitted that she had breached paragraph 4(a) of the Code of Conduct but with mitigating circumstances.  Councillor Jones denied all other breaches of the Code of Conduct that were alleged.

The Investigating Officer then set out the findings of fact contained in his Investigation Report.  It was submitted by the Investigating Officer that most of the findings of fact in the Investigation Report were agreed by Councillor Jones.  The Investigating Officer highlighted the findings of fact from the Report and Councillor Jones made representations in respect of those findings where she indicated there was disagreement.  Members of the Sub-Committee commented and asked questions at intervals. 

The Investigating Officer made reference to Councillor Jones having passed details of an email from the Complainant to the Editor of the Downs Mail.  In his report, the Investigating Officer had originally said that Councillor Jones had passed an email.  He informed the Sub-Committee that he now accepted it was not an email but a letter which had contained details of the email from Mr Khanna.

It was noted by the Sub-Committee that the only findings of fact in which there were areas of concern in terms of the Code of Conduct were those findings in relation to the disclosure of the details of Mr Khanna’s email to the Editor of the Downs Mail and therefore Councillor Jones concentrated her submission on this point.

Councillor Jones submitted that the information quoting the email in the letter that was disclosed to the Editor was not confidential.  Mr Khanna had circulated the email to Parish Councillors and members of the public.

Councillor Jones called Mr Chalmers as a witness.  Mr Chalmers confirmed he and another resident had received the email from Mr Khanna.  ...  view the full minutes text for item 4.

10.00 a.m. to 2.10 p.m.