| Place: | Lancashire Football Association, Thurston Road, Leyland, PR25 2LF |
| Present: | Mr R Atkinson (Independent Chairman), Councillors I Edwards ,F Heyworth, K W Palmer, Mrs M J Robinson, Mrs L R Woollard, Mr J Holt (Independent Member), and Mrs M Gelder (Parish Council Representative), |
| In attendance: | Councillors M Gardner and M Green John Dakin (Monitoring Officer and Corporate Director (Policy and Neighbourhoods)), David Whelan (Legal Services Manager) and Martin O'Loughlin(Democratic Services Manager).Mr Ian Curtis (Investigation Officer) |
| Public attendance: | There were 2 members of the public in attendance |
| Other Officers: | Maureen Wood (Head of Corporate Governance),Kay Gray (Principal Solicitor),Tracy O'Reilly (Personal Assistant) Other Members Councillors C Clark, , Mrs Garner , M Otter |
| Item | Description/Resolution | Status | Action | |
|---|---|---|---|---|
| OPEN ITEMS | ||||
| 5 |
Welcome and Introductions The Independent Chair welcomed members officers and members of the public to the meeting and explained the procedures to them. |
Noted | ||
| 6 |
Apologies for Absence Apologies for absence were received from Mr S Ellison and Mrs E Houghton |
Noted | ||
| 7 |
Minutes of the Last Meeting Minutes attached RESOLVED; That the minutes of the meeting held on 17 December 2008 be approved as a correct record. |
Agreed | ||
| 8 |
HEARING INTO A COMPLAINT ABOUT COUNCILLOR MELVYN GARDNER Report of The Legal Services Manger attached Appendix 1 attached Appendix 2 attached Appendix 3 attached Appendix 4 attached The allegation before the Committee was that Councillor Melvyn Gardner (a member of South Ribble Borough Council) had failed to comply with the Members? Code of Conduct. The Committee considered the report of Mr Ian Curtis who had been appointed by the Monitoring Officer of South Ribble Borough Council to carry out an investigation into the alleged breach of the Code of Conduct along with all other relevant information and conducted a hearing into the allegations. They also considered written representations that had been submitted by Councillor Melvyn Gardner. The allegation was that Councillor Melvyn Gardner made comments about Ms Wendy Gudger, a council officer, at a planning appeal hearing on 2 September 2008 that constituted an attack on the officer?s integrity and professionalism. It was considered that there was potentially a breach of the following paragraphs of South Ribble Borough Council?s code of Conduct for Members: 3(1), 5 and 6(a). The Investigation Officer found that, taken together, the comments did indeed attack the integrity and professionalism of the officer and that Councillor Melvyn Gardner failed to comply with paragraph 3(1) of the Code of Conduct. Paragraph 3.1 states:? You must treat others with respect? The Investigation Officer found that Councillor Melvyn Gardner did not breach paragraphs 5 or 6(a) of the Code. Mr Ian Curtis presented his investigation report. He called three witnesses to give evidence. Councillor Michael Green represented Councillor Melvyn Gardner. He did so as a friend of Councillor Melvyn Gardner. The Committee considered evidence provided by the witnesses relating to the comments that were made by Councillor Melvyn Gardner and the circumstances in which they were made. The Committee found that the facts relating to the alleged appeal were as set out below. Councillor Gardner attended a planning hearing that took place on the 2nd of September 2008. An independent inspector appointed by the Planning Inspectorate heard the appeal. This related to a planning application for 11 dwelling houses at Giller Drive, Penwortham. During the afternoon of the hearing, Councillor Gardner made the three separate comments that Ms Wendy Gudger complained of. The comments could be clearly heard by the council officers and members of the public in attendance at the Inquiry. Words to substantially the same effect as the following comments were made: ?There has been skulduggery here and somebody is covering somebody else?s back? ?Wendy Gudger should be here to defend herself? ?This has gone through on the nod? At the hearing it was asserted on behalf of Councillor Melvyn Gardner that in terms of the second comment referred to above what he actually said was:? Wendy Gudger should be here to defend herself and the Council.? The Committee considered that the three additional words did not in any material way change the purport and meaning of what was said. The Committee concluded that it was clearly the case that Councillor Melvyn Gardner?s comments were made whilst he was acting in his official capacity. He was attending the planning hearing in relation to the Giller Drive application in order to represent the views and aspirations of people living in his ward. He was carrying out the function of a ward member. IT WAS FOUND; 1. That on the basis of the comments that had been made Cllr M Gardner had breached paragraph 3(1) of South Ribble Borough Council?s Code of Conduct for Members ? namely that he had failed to treat Ms W Gudger with respect. 2. That Councillor Melvyn Gardner did not breach paragraphs 5 or 6(a) of the Code of Conduct and accepted the reasoning of Mr Ian Curtis in his investigation report in relation to this. The Committee then considered the representations made by Mr Ian Curtis and Councillor Michael Green (on behalf of Councillor Melvyn Gardner) as to sanction. IT WAS DECIDED; That a sanction should be imposed as follows:- 1. That it would be just and proportionate to censure Councillor Melvyn Gardner for failing to comply with paragraph 3(1) of the Code of Conduct. 2. That it was just and proportionate to require Councillor Melvyn Gardner to apologise to Ms Wendy Gudger ? such apology is to be in the form of a letter to be approved by the Chairman of Standards Committee. |
Agreed | ||