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Agenda item

Determination of Allegation of Breach of the Code of Conduct by Town Councillor #1

Purpose

To provide the Sub-Committee with the Investigating Officer’s report and all associated evidence to enable them to sit as a Local Hearing Panel, to determine the allegation that a Town Councillor breached the Town Council’s Code of Conduct for Members.

 

Recommendations

The Standards Sub-Committee is recommended to follow the Local Hearing Panel Procedure Rules approved for use at this meeting, consider all evidence before them, and:

1.    Determine whether the Town Councillor has breached the code of conduct;

2.    If the Sub-Committee determine a breach of the Code, to consider and determine any sanctions that should be imposed upon the Town Councillor and any other appropriate action to be taken.

Minutes:

The Chair and the Legal Advisor reiterated the procedure to be followed whereby the two complaints would be heard together while sticking as closely as possible to the Standards Sub-Committee Procedure Rules. There were no questions on the procedure.

 

The Chair invited the Investigating Officer to present the reports into the allegations against the Subject Members and to make representations to substantiate the conclusion that the Subject Members had failed to comply with the Town Council’s Code of Conduct.

 

The Investigating Officer presented their reports. The Investigating Officer was then asked a series of questions by the Subject Members’ representative. There were no questions to the Investigating Officer from the Sub-Committee or the Independent Person.

 

The Investigating Officer called on their witnesses in turn and played an audio recording. The Subject Members’ representative then asked a series of questions which the witnesses responded to. The Sub-Committee then asked a number of questions which the witnesses responded to. The Independent Person also asked a question to a witness. The Investigating Officer was then given the opportunity to ask any questions of their witnesses.

 

The Sub-Committee adjourned for a lunch break at 12.55pm and reconvened at 13.55pm.

 

The Chair then invited the Subject Members’ representative to present the Subject Members’ case in relation to the Investigating Officer's findings and to make representations about why the Subject Members consider that they had not failed to comply with the Code of Conduct.

 

The Subject Members’ representative presented their case. The Subject Members’ representative then responded to a series of questions from the Investigating Officer. The Sub-Committee asked questions and then the Independent Person asked questions, which the Subject Members’ representative or the Subject Members responded to. The Subject Members’ representative then directed some questions to the Subject Members.

 

The Subject Members’ representative called on the Subject Members’ character witnesses to provide their statements. Two witnesses addressed the Sub-Committee in person and another addressed the meeting remotely. A number of other witness statements were taken as read.

 

At the invitation of the Chair, the Investigating Officer summed up the case in relation to the findings in their reports.

 

The Chair then invited the Subject Members’ representative to sum up the Subject Members’ case.

 

The Chair then asked the Independent Person to provide the Sub-Committee with their views.

 

After hearing the summing up from both sides and the views of the Independent Person, the Sub-Committee retired with the Legal Advisor at 4.00pm to make a determination as to whether, on the balance of probabilities, the Subject Members had breached the Town Council’s Code of Conduct.

 

The Sub-Committee returned at 4.40pm and the Chair relayed the decision of the Sub-Committee. The conclusion of the Sub-Committee was that the Subject Members had not breached the Town Council’s Code of Conduct. The reason for the decision was that there were insufficient findings of fact to conclude that the Subject Members had, on the balance of probabilities, breached the Town Council’s Code of Conduct.

 

The Sub-Committee Resolved to:

  1. Agree that the Subject Member, Town Councillor #1, had not breached the Town Council’s Code of Conduct.
  2. Delegate authority to the Director of Governance (Monitoring Officer), in consultation with the Members of the Standards Sub-Committee and the Independent Person, to agree any recommendations to be submitted to Town Council, for example in relation to the Town Council’s policies, protocols and arrangements for Member training.

 

The Director of Governance (Monitoring Officer) resolved to recommend that Woodstock Town Council:

  1. Considers the adoption of the Oxfordshire-wide Member Code of Conduct.
  2. Considers the adoption of the National Association of Local Council’s Civility and Respect pledge.
  3. Liaises with Oxfordshire Association of Local Council’s (OALC) on the adoption of a Member-Officer Protocol.
  4. Utilises OALC as a resource to support the Council with member training and governance practices.

 

 

 

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