Minutes:
Preamble
The complaint was initially assessed on 25 November 2021 where it was determined to refer the matter for investigation. Following that investigation, the Investigating Officer’s report concluded that there had not been any breaches of the Code of Conduct.
In consultation with an Independent Person, the Monitoring Officer considered the report and determined to recommend to the Sub-Committee that no further action be taken in respect of the complaint.
In reaching its decision, the Sub-Committee took into account the Investigating Officer’s report and supporting documentation, which included the original complaint, the response of the Subject Member, the initial assessment decision, other evidence provided during the investigation, and the decision notice of the Monitoring Officer to take no further action.
The Sub-Committee also considered written statements from the Subject Member and Complainant. Neither was in attendance.
Discussion
The Investigating Officer’s report had concluded there had been no evidence of bullying, intimidation or harassment by the Subject Member. It did not consider the threshold criteria of the Parish Council Code of Conduct had been met in respect of a failure to register an interest, and noted that the Subject Member had amended his entry once the matter had been highlighted. It did not consider there had been a breach at the Parish Council and Northern Area Planning Committee meetings, noting the proximity to the relevant parts of the business park from the Subject Member’s residential property was in excess of 200m and therefore not related to the disclosable pecuniary interest.
In their statement the Complainant raised the potential issue of trespassing. However, the Sub-Committee considered that any concern relating to trespassing would be a private matter for the landowner, not matter for consideration under the Standards regime. The Subject Member in his statement had also noted he had apologised to the tenant of a unit who had been concerned about his attending the site, and the apology had been accepted.
The Sub-Committee was satisfied with the recommendation of the Monitoring Officer to take no further action in respect of the complaint.
Although the Subject Member should continue to note the importance of maintaining and updating their register of interest and make appropriate declarations at relevant stages, including, where appropriate, personal interests, the Sub-Committee agreed with the Investigating Officer’s conclusion that there had been no disclosable pecuniary interest and accordingly no breach of the Code of Conduct. If there was a personal interest a declaration would be appropriate when participating in a council discussion.
In determining to take no further action, the Sub-Committee further noted the suggestion that the Subject member might recuse himself from participation as a parish councillor from matters retaining to the business park out of an abundance of caution. It noted this would avoid any appearance or suggestion of inappropriate conduct, and, as a voluntary action, was beyond that which was legally required and so further justified no further action being necessary.
In summary, the Sub-Committee was satisfied with the recommendation of the Monitoring Officer that no further action be taken in respect of the complaint, and that the Investigation conducted into the complaint was sound.
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 take no further action in respect of the complaint.