Agenda, decisions and draft minutes

To elect a Chairman for this meeting only.

Resolved:

To elect Councillor Horace Prickett as Chairman for this meeting only.

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

There were no declarations.

To note the procedure and assessment criteria for the meeting.

The procedure and assessment criteria for the meeting were noted.

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 Item Number 4  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

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 No.5 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 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the item to the public.

Paragraph 1 – information relating to an individual

The Sub-Committee considered a complaint against Councillor Magnus Macdonald, a member of Wiltshire Council. The complaint involved a confrontation between the complainant and subject member outside a meeting of Bradford on Avon Area Board with the subject member allegedly breaching paragraphs 1 and 4 of the relevant Code of Conduct, as well as the requirement to uphold high standards of conduct and the principles of public life as set out in the Code.

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 Wiltshire Council. A copy of the appropriate Code of Conduct was also supplied for the assessment. The Sub-Committee agreed with the reasoning of the Deputy Monitoring Officer in his initial assessment that in discussing the forthcoming meeting while outside the venue on the way into that meeting, the subject member could be considered as acting in their capacity as a member and therefore subject to  the Code.

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 take no further action and the complainant’s request for a review. The Sub-Committee also considered the verbal representation made at the meeting by the complainant.

The allegation was that the subject member had behaved inappropriately prior to a meeting of Bradford on Avon Area Board through intimidating and insulting actions, to the extent of breaching the Code of Conduct under the provisions listed above.

Paragraph 1 of the Code states ‘You mustact solely in thepublicinterestandshouldneverimproperlyconfer an advantageordisadvantageon anypersonoract to gainfinancial or othermaterial benefitsfor yourself,your family,a friendor closeassociate’.

Paragraph 4 of the Code states ‘Youarea  ...  view the full minutes text for item 5.