Agenda, decisions and draft minutes

To elect a Chairman for this meeting only.

Resolved:

To elect Councillor Ernie Clark 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 for the meeting was 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

Agreed 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 Number 10 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(s)

A complaint had been submitted by Mr William Johnson against Councillor Anthony Doel, Kath Noble and Ted Pomeroy, members of Southwick Parish Council. The allegation was that at a meeting of Southwick Parish Council the subject members, had withheld information from Wiltshire Council’s planning department and as a result breached the code of conduct in not having regard to the principles of openness and honesty.

The initial assessment of the Monitoring Officer had been for there to be no further action in respect of the complaint.

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 take no further action and the complainant’s request for a review. The Sub-Committee also considered the verbal representations made at the Review by the complainant, a representative for the subject member, and the other two subject members who were collectively subject to the same allegation.

The complaint related to behaviour of the subject members in relation to a meeting at which the parish council had resolved to respond, as statutory consultees to Wiltshire Council, with ‘no comment’ regarding a planning application within the parish. The complainant considered that the three members listed in the complaint had withheld information that was relevant to this planning application from Wiltshire Council and by so doing had not had regard to the principles of openness and honesty and thereby breached the parish council’s code of conduct.

In assessing the complaint the Review Sub-Committee noted that the decision to respond in the fashion that it had was a collective decision taken by Southwick Parish Council. Information had been presented to the parish council and it had as a whole taken the view to respond in the manner described above. Parish Councils were required to be consulted for their views, but it was not the role of parish councils to relay any and all concerns or supportive comments to the Development Control service at Wiltshire Council. Individuals were entitled to submit their own comments and observations regarding any application to the relevant Planning Authority.

The complainant and others had objections to the planning application that had been considered by the parish council, and that planning application had since  ...  view the full minutes text for item 10.