Minutes:
The Sub-Committee considered a review of an initial assessment regarding Councillor Anthony Doel of Southwick Parish Council. The initial assessment had been to refer the matter for investigation.
The Chairman led the Sub-Committee through the local assessment criteria which detailed the initial tests that should be satisfied before assessment of a complaint was commenced.
Upon going through the initial tests, it was agreed that the complaint related to the conduct of a member and that the member was in office at the time of the alleged incident and remains a member of Southwick Parish Council. A copy of the appropriate Code of Conduct was also supplied for the assessment.
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, was it appropriate under the assessment criteria to refer the matter for investigation.
In reaching its decision, the Sub-Committee took into account the complaint, the response of the subject member, the initial assessment of the Deputy Monitoring Officer to refer the matter for investigation and the subject member’s request for a review. The Sub-Committee also considered the verbal representations made at the Review by representatives of both the complainant and the subject member, as well as a brief written submission from the representative of the subject member.
The complaint related to a particular meeting of Southwick Parish Council where it was alleged the subject member had actively participated in a vote on a grant which related to land which was owned by the subject member. It was also claimed that this represented a disclosable pecuniary interest which it was further alleged the subject member had not disclosed appropriately.
The Sub-Committee took into account all the points raised, and were mindful that it was not the role of a Review Sub-Committee to determine whether allegations had been proven. Sufficient evidence had been provided to understand the substance of the complaint as required by paragraph 4 of the local assessment criteria, and at this stage the test was whether the matters giving rise to the complaint would, if proven, be capable of a breach of the relevant Code of Conduct and, if so, whether there were any other reasons the matter should not be referred for investigation to determine the facts.
A failure to properly register and/or declare a disclosable pecuniary interest was a significant and serious allegation. Both parties disputed issues of fact in relation to what had been declared, when and whether there had been active or other participation in the meetings in question, and whether the alleged interest applied in the circumstances. There were also multiple concerns raised by the subject member by his representative in relation to procedural issues regarding the complaints process.
The Sub-Committee were of the view that the allegations, if proven, would be a breach of the relevant Code of Conduct, and therefore it was necessary to refer the matter for investigation or other suitable action by the Monitoring Officer in order to determine whether or not a breach had indeed occurred
The Sub-Committee also did not consider that a complaint submitted by email rather than on a particular complaints form, could reasonably be dismissed in the absence of other justifying reasons, particularly in relation to such potentially serious allegations.
Resolved:
In accordance with the approved arrangements for resolving standards complaints adopted by Council on 26 June 2012, which came into effect on 1 July 2012 and after hearing from the Independent Person, the Review Sub-Committee decided to refer the complaint for investigation or other suitable action by the Monitoring Officer.