| Place: | Cross Room, Civic Centre, Leyland, PR25 1DH |
| Present: | Mr R Atkinson (Independent Chairman), Independent Member Mr J Holt, Councillors J E J Breakell, F Heyworth, K W Palmer, Mrs M J Robinson and Parish Councillor Mrs E Houghton. |
| In attendance: | Councillors Marsh and Sharratt. Kay Gray (Investigating Officer). John Dakin (Monitoring Officer), David Whelan (Legal Services Manager) and Carol Eddleston (Democratic Services Officer). |
| Public attendance: | Five members of the public were present. |
| Other Officers: | Maureen Wood (Head of Corporate Governance). Other members Councillor Otter. |
| Item | Description/Resolution | Status | Action | |
|---|---|---|---|---|
| OPEN ITEMS | ||||
| 11 |
Welcome and Introductions The independent chairman welcomed members, officers and members of the public to the meeting and explained the procedures to them. |
Noted | ||
| 12 |
Apologies for Absence Apologies for absence were submitted on behalf of independent member Steve Ellison, Parish Councillor Mrs Gelder and Councillor B Yates. |
Noted | ||
| 13 |
Minutes of the Last Meeting Members noted that the minutes of the meeting held on 22 July 2009 would be signed as a correct record at the next ordinary meeting of the committee (3 September 2009). |
Noted | ||
| 14 |
Hearing into a Complaint About Councillor Thomas Sharratt Report (51K/bytes) attached App 1 - Complaint Form attached App 2 - Investigation Report attached App 3 - Transcript - Cllr Marsh (46K/bytes) attached App 4 - Transcript - Cllr Sharratt (57K/bytes) attached App 5 - Article (Spring) (193K/bytes) attached App 6 - Article (Autumn) attached App 7 - Cllr Sharratt letter attached App 8 - Procedure attached Decision Notice (45K/bytes) attached The allegation before the committee was that Councillor Thomas Edward Sharratt (a member of South Ribble Borough Council) had failed to comply with the Code of Conduct for Elected Members. The committee considered the report of Ms Kay Gray, 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. The committee also considered written representations that had been submitted by Councillor Sharratt. The complainant had alleged that Councillor Sharratt in ?The Idle Toad? magazine had made some comments that were directed at himself. In particular he had stated in his complaint: ?In the latest issue of his (referring to Cllr Sharratt) magazine ?The Idle Toad? he has described me as a ?defecator?. In the previous edition he said that ?I had left to join the Tories? which, as any senior member of SRBC will tell you, is a lie. I have put up with his nasty comments in his self-laudatory publication previously, but this time he has gone too far.? 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), and 5. The Investigation Officer had found that Councillor Sharratt failed to comply with paragraphs 3.1 and 5 of the Code of Conduct in respect of the use of the word ?defecator? in the article ?Not a Real Tory.? The Investigation Officer had also found that Councillor Sharratt was not in breach of paragraphs 3.1 and 5 of the Code of Conduct in respect of the contents of the article ?The Toad is Dead ? Long Live the Toad.? Ms Kay Gray presented her investigation report. She called Councillor Marsh to give evidence. Councillor Sharratt represented himself. The Committee considered evidence relating to the articles in question and the circumstances in which they were made. The Committee considered that Councillor Sharratt was acting in his official capacity (as defined by paragraph 2.1 of the Code of Conduct) as a Councillor when he published the article in question. When reaching its conclusion on all aspects of this case the Committee gave careful consideration to all representations ? whether written or oral ? made by Councillor Sharratt, the written report, and representations of Ms Kay Gray the Investigation Officer and the evidence of Councillor J Marsh. IT WAS FOUND: 1. That, on the evidence before the committee, and on the balance of probabilities, Councillor T.E. Sharratt was in breach of Paragraph 3.1 of the Code of Conduct for Elected Members in respect of the use of the word ?defecator? in the article ?Not a Real Tory?? that appeared in the Autumn 2008 edition of ??The Idle Toad?? magazine (Edition No.343). 2. That, on the evidence before the committee, and on the balance of probabilities, Councillor T E Sharratt was also in breach of paragraph 5 of the Code of Conduct for Elected Members in respect of the use of the word ?defecator? in the ?Not a Real Tory? article that appeared in ?The Idle Toad? magazine. 3. That Councillor T.E. Sharratt was not in breach of paragraphs 3.1 and 5 of the Code of Conduct for Elected Members in respect of the contents of the article ?The Toad is dead ? Long live the Toad? that appeared in the Spring 2008 edition of ?The Idle Toad?? Magazine (Edition No. 341). The Committee then considered the representations that were made by Ms Kay Gray and Councillor Sharratt as to sanction. IT WAS DECIDED: That a sanction should be imposed as follows:- 1. That it was just and proportionate to censure Councillor Sharratt for failing to comply with paragraphs 3(1) and 5 of the Code of Conduct. 2. That it was just and proportionate to require Councillor Sharratt to apologise to Councillor J Marsh - such apology to be in the form of a letter to be approved by the Chairman of the Standards Committee and communicated to Councillor Marsh within 21 days of this Hearing. |
Agreed | ||