Agenda item

Assessment of Complaint: COC128184

Minutes:

Preamble

A complaint was received from Dr Guy Rickett (the Complainant) on 3 March 2020 regarding the conduct of Councillor Peter Gantlett (the Subject Member), a Member of Clyffe Pypard Parish Council.

 

It was alleged that the Subject Member had breached the code by failing to declare a disclosable pecuniary interest and/or participated in matters relating to that interest; had circulated information in the parish newsletter contrary to processes agreed by the Neighbourhood Plan Steering group, thereby breaching the requirement in the Code for Members to behave in a respectful way; and by his actions as Chairman of the Goddard Arms Steering Group failed in his obligation to use the resources of the council in accordance with its requirements.

 

Assessment

The complaint had received an initial assessment at the meeting on 23 June 2020 where the Sub-Commttee determined to refer the matter for investigation. Following that investigation, the Investigating Officer’s report concluded there was no evidence of a breach of the Code of Conduct. In consultation with an Independent Person, the Monitoring Officer had 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, comments on the report itself from both parties, and the decision notice of the Monitoring Officer to take no further action. The Sub-Committee also considered the verbal representations made at the meeting by the Subject Member and a written statement from the Complainant, who was not in attendance.

 

It was also noted in the report to the Sub-Committee that the Monitoring Officer had amended his decision notice in response to comments received from the Subject Member.

 

Conclusion

The Sub-Committee accepted the recommendation of the Monitoring Officer in accepting the reasons and conclusions of the Investigating Officer that no breach had occurred, and the process followed as sound.

 

The Subject Member had accepted he perhaps should have given the matters in question more thought, and it was noted that he had sought advice and taken action in respect of that advice. It was also noted that that Subject Member had added further information regarding field numbers in his register of interest to clarify his land ownership.

 

It was therefore resolved to take no further action in respect of the complaint as recommended by the Monitoring Officer.

 

The Sub-Committee was satisfied that there had been a fair and comprehensive investigation into the complaint. However, it did recommend generally that in order to provide opportunity for further clarity it may be beneficial for both parties to be contacted during the course of an investigation, even if matters had been adequately set out in previous written submissions.

 

Therefore, it was,

 

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.