Apologies were received from Councillors Blow and Suthers.

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item. If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.

Councillor Wooldridge declared a personal interest in relation to Minute 6 insofar as she was a member of Penwortham Town Council.

Mr Ken Hind who was in attendance at the meeting his capacity as legal representative to the subject member, made submissions in respect of Minute 6 below regarding members’ declarations of interest and alleged predetermination of the complaint.

[The Committee adjourned the meeting to consider the representations made as to whether the hearing should go ahead].

RESOLVED: – The Committee agreed to proceed with the hearing.

Minutes of the meeting held on 21 January 2020, to be signed as a correct record.

RESOLVED:- That the minutes of the Standards Committee held on 21 January 2020 be approved and signed as a correct record.

Please see attached documents for ease of reference during consideration of agenda item 6 below.

The Standards Committee Procedure Rules, Members Code of Conduct and Guidance on the Code of Conduct were attached to the agenda for information to assist members pursuant to Minute 6 below.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraphs 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

By virtue of paragraph 1: Information relating to an individual.

RESOLVED:– That the press and public be excluded from the following item of business on the grounds that involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12a of the Local  Government Act 1972.

Report of the Director of Governance and Monitoring Officer enclosed.

Mr Chris Moister, Director of Governance and Monitoring Officer submitted a report to members giving details of the findings an investigation carried out by the appointed Investigating Officer, Mr Alex Jackson, in respect of a standards complaint received on 18 December 2020.

Mr Jackson presented his findings to the Committee and explained the reasons for his conclusions. Mr Jackson was then interviewed by the Committee.

Mr Ken Hind, representing the Subject Member, Councillor Barrie Yates, made submissions to the Committee and was interviewed. Councillor Yates also answered questions put by members of the Committee. Councillor Yates, through his representative, made his closing remarks.

[The meeting was then adjourned and the Committee made its deliberations in private].

RESOLVED:- The Committee determined that there had been a breach of the Code of Conduct (as detailed in the report of the Standards Committee to Council) as follows:-

A)    Identified Breaches

i)                 The committee considered part A paragraph 10 of the Code of Conduct. This states

“It is not enough to avoid impropriety; perception is also important. Members should at all times avoid any occasion for suspicion and any appearance of improper conduct.”

Even had members accepted Cllr Yates’s intentions as being a valid consideration, the public perception of his behaviour would have overcome them.

ii)                Cllr Yates breached Part C paragraph 1 of the code of conduct (general obligations) by failing to treat Cllr Flannery with respect.

Reason – The behaviour was primarily contained in his exchange with and directed to Cllr Flannery.

iii)              Cllr Yates breached Part C paragraph 2(b) of the Code of Conduct (General Obligations) by bullying other persons namely Cllr Flannery, Cllr Adams and Cllr Hancock.

Reason – the behaviour was intended to prevent the participation of Cllr Flannery, Cllr Adams and Cllr Hancock and was found to have placed undue and inappropriate pressure on them. It was also noted that the behaviour succeeded in discouraging Cllr Hancock from participating.

iv)             Cllr Yates breached Part A paragraph 9 of the Code of Conduct by bringing the Council into disrepute

Reason – the finding that Cllr Hancock did not participate in a decision-making process undermines the both the integrity of that decision and the public’s confidence in the council. and

The action of mimicking placing a call to the emergency services where there is no justification for doing so undermines the public perception of members of the council.

v)               The Committee elected to make no findings in relation to the conduct towards the Head of Legal and acknowledged that the apology already provided would have resolved that matter in any event.

B) Sanction

Arising from the findings of breach the Committee request:-

1.     That the outcome of this hearing be reported to full Council in public session.

Reason – the incident took place during a public meeting and it is important that the public see and understand its resolution.

2.     The Monitoring Officer is instructed to arrange one to one training for Cllr Yates such arrangements to be made within  ...  view the full minutes text for item 6.