Report of the Director of Governance and Monitoring Officer enclosed.
Minutes:
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 2 weeks of this hearing.
Reason – training is necessary to ensure Cllr Yates has a full understanding of the requirements of the code of conduct.
3. Members also wish to make the following observation. Whilst the removal of Cllr Yates from the Planning Committee was seen as a mitigating factor, the Committee wish to be clear that they view the behaviours of Cllr Yates as so serious, particularly the finding of the breach of code relating to bullying, that they would have considered making a recommendation to full council seeking his removal from the Planning Committee.
Supporting documents: