Audit, Governance and Standards Hearing Panel

Wednesday 20th June 2018

 

Consideration of Complaint M011102

 

Final Decision-Maker

Audit, Governance and Standards Hearing Panel

Lead Head of Service

Patricia Narebor, Head of Legal Partnership

Lead Officer and Report Author

Christine Nuttall, Senior Lawyer, Corporate Governance (Locum)

Classification

Part 2 matters will be considered in the absence of the public and press for the reasons indicated within the report.

Wards affected

Not applicable.

 

Executive Summary

 

The Audit, Governance and Standards Hearing Panel is invited to consider the report of the Investigating Officer and determine what action, if any, to take in respect of complaint numbered M011102. 

 

 

This report makes the following recommendations to this Hearing Panel:

1.   To receive the Investigator’s Report and decide on the outcome of the complaint.

 

 

 

Timetable

Meeting

Date

Audit, Governance and Standards Hearing Panel

20th June 2018



Consideration of Complaint M011102

 

 

 

1.    INTRODUCTION AND BACKGROUND

 

This report is divided into 2 parts.  Part 1 is taken in the presence of the public and press.  Part 2 items will be considered in the absence of the public and press for the reasons set out below.

 

PART 1 – MATTERS TO BE CONSIDERED WITH THE PUBLIC AND PRESS PRESENT

2.      COMPLAINT

 

   The Monitoring Officer received a complaint under the Councillors’ Code of

Conduct, reference number M011102.  The Monitoring Officer in    consultation with the Independent Person decided that the complaint merited formal investigation and appointed an Investigating Officer to undertake the investigation and informed the Parties of the appointment.

    

The report of the Investigating Officer provides a summary of the business to be transacted in consideration of complaint numbered M011102.

 

3.     EXCLUSION OF THE PRESS AND PUBLIC

 

       The Investigator’s Report with Appendices have been withheld from public

       circulation and deposit pursuant to Section 100(B)(2) of the Local

       Government Act 1972 on the grounds that the matters may be determined

       with the press and public excluded.

 

The Hearing Panel may decide that the press and public be excluded from

the meeting during consideration of matters set out in Part 2 pursuant to

Section 100(A)4 of the Local Government Act 1972 on the grounds that

they involve the likely disclosure of exempt information as defined in

Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

 

Paragraphs 1 and 2 of Part 1 of Schedule 12A exempts information relating to any individual and information which is likely to reveal the identity of an individual.

        

The Subject Member has requested that the hearing be held in private.

 

If the Hearing Panel declines to pass a resolution that the press and public be excluded from the meeting, the papers listed under Part 2 of this report will be made available to the public at the meeting and will be posted on the Council’s website at the conclusion of the meeting.

 

 

 

        

        

PART 2 – MATTERS TO BE CONSIDERED WITHOUT THE PUBLIC AND PRESS PRESENT

 

4.     CONSIDERATION OF COMPLAINT MO11102

 

The Hearing Panel is invited to consider the report of the Investigating

Officer and determine what action, if any, to take in respect of the above

Complaint.

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

Maintaining appropriate standards of Member conduct contributes indirectly to all Corporate Priorities.

Monitoring Officer

Risk Management

No risks have been identified for this report.

Head of Legal Partnership

Financial

There are no financial implications arising from this report.

Head of Legal Partnership

 

Staffing

No staffing issues have been identified in this report.

Head of Legal Partnership

Legal

The Hearing Panel is required to determine all complaints referred to them by the Monitoring Officer where a Member of a Council in the Borough is alleged to have breached their respective Councillors’ Code of Conduct under the provisions of the Localism Act 2011.

Monitoring Officer

Privacy and Data Protection

The Hearing will increase the volume of data held by the Council.  We will hold that data in line with any requirements of the Localism Act 2011 and the Data Protection legislation.

Head of Legal Partnership

Equalities

There are no equality issues associated with this report.

Head of Legal Partnership

Crime and Disorder

There are no crime and disorder implications associated with this report.

Head of Legal Partnership

Procurement

Not applicable.

Head of Legal Partnership

Appendices:

 

Appendix 1: Code of Conduct for Councillors

Appendix 2: Computer Use Policy 1.3

 

Exempt Appendices

 

By virtue of paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 the following Appendices are exempt because they contain information relating to any individual (paragraph 1) and information which is likely to reveal the identity of an individual (paragraph 2) and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information:

 

Exempt Appendix 3: Investigating Officer’s Report

Exempt Appendix 4: Member Complaint Form

Exempt Appendix 5: Mid Kent Audit Report

Exempt Appendix 6: Subject Member Witness Statement

Exempt Appendix 7: Witness Statement of Head of Mid Kent Audit

Exempt Appendix 8: Witness Statement of Mid Kent Services Director