Agenda and minutes

Standards Assessment Sub-Committee - Thursday 18 January 2024 1.00 pm

Venue: Kennet Room - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Lisa Alexander  01722 434560 Email: lisa.alexander@wiltshire.gov.uk

Items
No. Item

1.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies were received from:

 

Cllr Gordon King who was substituted by Cllr Derek Walters

Cllr Sam Pearce-Kearney

Julie Philips (non-voting), who was substituted by Gordon Ball (non-voting).

2.

Minutes of the Previous Meeting

To approve the minutes of the meeting held on 28 September 2023.

Supporting documents:

Minutes:

The minutes of the meeting held on 28 September 2023 were presented for consideration, and it was,

 

 

Resolved:

 

To approve and sign the minutes as a true and correct record.

 

3.

Declarations of Interest

To receive any declarations of disclosable interests, or dispensations granted by the Standards Committee.

Minutes:

There were no declarations.

4.

Meeting Procedure and Assessment Criteria

To note the procedure and assessment criteria for the meeting.

Supporting documents:

Minutes:

The procedure and criteria were noted.

5.

Exclusion of the Public

To consider passing the following resolution:

 

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Agenda Item Numbers 6 onwards, because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in Paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

 

Paragraph 1 - information relating to an individual

Minutes:

It was,

 

Resolved:

 

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Minute Numbers 6 onwards, because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in Paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

 

Paragraph 1 -information relating to an individual

 

6.

Assessment of Complaints: COC149256 and COC149258

Minutes:

In considering the complaint, the Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the Subject Member was a member for the period of allegations and remains a member of Salisbury City Council and Wiltshire Council, that copies of the relevant Codes of Conduct were provided for the assessment, and that they were acting in their capacity as a Member, or that the circumstances may have led to a reasonable presumption from those involved that he had been acting in an official capacity during the alleged actions.

 

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of that Code of Conduct. Further, if it was felt it would be a breach, whether it was still appropriate under the assessment criteria to refer the matter for investigation.

 

In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, the response of the Subject Member, and the report of the Monitoring Officer.

 

The Sub-Committee also considered a written statement from the Subject Member and written statements from both of the Complainants provided at the Assessment Sub-Committee meeting.

 

After discussion, it was:

 

Resolved:

 

In accordance with the approved arrangements for resolving standards complaints adopted by Council on 9 July 2019, which came into effect on 1 January 2020 and after hearing from the Independent Person, the Assessment Sub-Committee determined to refer the linked complaints for investigation.