Minutes:
The original complaint had two parts, only one part of which was sent for Investigation. This related to the Complainant’s allegation that the Subject Member participated in the discussion of a planning application at a Council meeting on 27 September 2022 in which she had a pecuniary interest.
The Complainant had not specified which sections of the Council’s Code of Conduct they believed to have been breached. However, the report suggested the Sub-Committee consider the following:
a) You must act solely in the public interest and should never improperly confer an advantage or disadvantage on any person or act to gain financial or other material benefits for yourself, your family, a friend or close associate.
b) You must declare any private interests, both pecuniary and non-pecuniary, that relate to your public duties and must take steps to resolve any conflicts arising in a way that protects the public interest, including registering and declaring interests in a manner conforming with the procedures.
c) You must promote and support high standards of conduct when serving in your public post, in particular as characterised by the above requirements, by leadership and example.
Preamble
The complaint was initially assessed on 15 December 2022 where it was determined to refer for investigation only one part of the complaint, that relating to declarations of interest.
In consultation with an Independent Person, the Monitoring Officer considered the Investigation 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 recommendation of the Monitoring Officer to take no further action.
The Sub-Committee also considered a written statement from the Subject Member, and the Complainant who were not in attendance.
Discussion
The complaint involved alleged actions by the Subject Member relating to a declaration of interest connected to the Subject Member’s home address.
The Investigation report found that the clerk of the council had invited the Subject Member to take part in training on the code of conduct after being elected as a member of the council, though she did not remember this
The planning application site discussed by the council was near the home address of the Subject Member.
Conclusion
On balance the Sub-Committee agreed with the recommendation of the Monitoring Officer that it was not in the public interest to take any further action in respect of the complaint.
The Subject Member’s property was a Disclosable Pecuniary Interest, however, the property was not itself the matter to be discussed at the meeting. Therefore, the Investigation report concluded that, as a consequence, the restrictions regarding Disclosable Pecuniary Interests contained in the Code of Conduct and Section 31 of the Localism Act 2011 did not apply in this case. The Sub-Committee further noted that the Council’s Code of Conduct contained no restrictions on councillors in relation to other forms of interest.
The Sub-Committee agreed that whether or not training is undertaken following elections, it is advisable for councils to provide a regular and comprehensive training programme on the code of conduct for its Members.
The Sub-Committee further recommended that members of the council attend the next Positive Conduct, Positive Democracy webinar to be held by Wiltshire Council, which will provide guidance on registering and declaring interests.
In summary, the Sub-Committee was satisfied with the recommendation of the Monitoring Officer and that the Investigation conducted into the complaint was sound. It therefore determined that no further action should be taken in respect of the complaint, but felt it was important to make the comments above.
It was therefore,
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.