Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from:

Councillor Gordon King who was substituted by Councillor Trevor Carbin.

To approve the minutes of the meeting held on 5 September 2024.

The minutes of the meeting held on 5 September 2024 were presented for consideration, and it was,

Resolved:

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

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

There were no declarations of Interest.

To note the procedure for the meeting.

The procedure and criteria 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 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

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 36 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

A complaint was submitted by Councillor Nicholas Holder, the Complainant, regarding the conduct of Councillor Gordon King, the Subject Member, of Wiltshire Council. 

The complaint related to the Subject Member’s conduct at a meeting of Full Council on 15 October 2024. 

The Complainant alleges that, through their conduct, the Subject Member breached one or more (unspecified) of the Seven Principles of Public Life (“Nolan Principles”), which members of the Council are required to have regard to under the Code:

1.1 Selflessness

1.2 Integrity

1.3 Objectivity

1.4 Accountability

1.5 Openness

1.6 Honesty

1.7 Leadership

The Sub-Committee also considered whether the alleged conduct would, if proven, represent a breach of the following section of the Code.

5.1 I do not bring my role or local authority into disrepute.

Preamble

The Sub-Committee was satisfied that the initial tests set out in Protocol 11 had been met, in that the Subject Member was and remains a member of Wiltshire Council and that he was acting in his official capacity at the time of the alleged incident and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of the Code of Conduct. If the Sub-Committee concluded that the alleged behaviour would amount to a breach, then it would have to go on to decide whether it was 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, the report of the Monitoring Officer and the view of the Independent Person.

The Sub-Committee also considered a verbal statement from the Complainant, and a verbal statement from the Subject Member, who were both in attendance.

Discussion

The complaint related to allegations that the Subject Member, after casting his own vote during a Full Council meeting, then used a second voting handset, allocated to Cllr X, a councillor who had previously been sat next to him, but had left the room, resulting in the Subject Member casting two votes.

The Subject Member stated that at the time of the action he had been momentarily distracted by an interaction with another member seated behind him (Cllr Y), who had gained his attention by calling his name, and then proceeded to tell him that he should cast Cllr X’s vote. Unthinking, the Subject Member entered what he thought was Cllr X’s vote into the voting handset allocated to the empty seat. 

The Subject Member recognised the seriousness of his actions and stated that he did not deliberately or intentionally cause a breach of the Constitution.

The Sub-Committee considered a statement made by the Deputy Monitoring Officer clarifying that she was fully satisfied that officers had acted professionally and appropriately in dealing with the incident.

Conclusion

The Sub-Committee noted the Subject Member’s acceptance that he had placed a second vote at the Full Council meeting on 15  ...  view the full minutes text for item 36.