Agenda and minutes

Members are asked to elect a Chairman for the meeting. 

It was agreed that Janet Gray would chair the meeting. 

To agree that the Chairman, after consultation with the other members of the committee, sign the record of the meeting outside of the meeting.

It was agreed that the Chairman, after consultation with the other members of the committee, sign the record of the meeting outside of the meeting.

To receive apologies for absence.

There were none. 

The Chairman will announce any late items which do not appear on the main agenda but which he/she has agreed should be considered by reason of special circumstances to be specified in the report. 

There were none. 

(a)               Personal interests under the Medway Code of Conduct.

A Councillor who declares a personal interest in a matter, including the nature of the interest, may stay, speak, and vote on the matter.

(b)               Prejudicial interests under the Medway Code of Conduct.

A Councillor who declares a personal and prejudicial interest in a matter, including the nature of the interest, must withdraw from the room and take no part in the debate or vote on the matter.

Councillors who have declared a personal and prejudicial interest may make representations, answer questions and give evidence before leaving the room but only if members of the public are allowed to attend for the same purpose.

If an interest is not declared at the outset of the meeting, it should be disclosed as soon as the interest becomes apparent.

There were none. 

This report brings before the Sub-Committee, the Investigating Officer’s report into an allegation against a Councillor. 

Section 1: Background

1.1       The referral from the Referrals Sub-Committee:

1.1.1   On 20 January 2010 the Referrals Sub-Committee of the Standards Committee referred an allegation about Councillor Jane Chitty to the Monitoring Officer for investigation, which is set out in paragraph 1.2. The Referrals Sub-Committee requested that the allegation be referred for investigation.  The Monitoring Officer appointed an independent person to undertake the investigation on her behalf, who prepared a report of his findings.  The Investigator’s report concerns a potential breach of paragraphs 3(1) and 3(2)(b) of the Members’ Code of Conduct. The Investigator referred his report to the Hearings Sub-Committee of the Standards Committee for consideration in accordance with the Standards Committee (England) Regulations 2008.

1.2       The allegation

1.2.1   The allegation was that Councillor Jane Chitty breached paragraph 3(1) and 3(2)(b) of the Member’s Code of Conduct on 9 December 2009 when she addressed an employee in an aggressive and angry way and gesticulated at an employee near the reception area of the Council Offices in Gun Wharf, Chatham.

1.2.2            Paragraph 3(1): “You must treat others with respect”;

Paragraph 3(2)(b): “You must not bully any person”.

1.3       The consideration stage of the Hearing Sub-Committee:

1.3.1   A consideration meeting of the Hearings Sub-Committee considered the report of the Investigating Officer on 21 March 2011.  The Hearing Sub-Committee agreed that Councillor Chitty was not in breach of paragraph 3(2)(b) of the Code of Conduct.

1.3.2   The Hearing Sub-Committee accepted the finding that Councillor Chitty was in breach of paragraph 3(1) of the Code of Conduct and decided that the matter should be considered at a hearing under Regulation 18 of the Standards Committee (England) Regulations 2008.

Section 2: Preliminary procedural issues

2.1       The Hearing Sub-Committee’s decision on procedural issues was as follows:

2.1.1   The Sub-Committee were informed, that as part of the pre-hearing process Councillor Jane Chitty had been written to proposing the date for this meeting, outlining the hearing procedure, her rights and asking her for a response to the questions in the Standards for England guidance relating to attendance at the hearing and representation, findings of fact, evidence at the hearing, witnesses, the hearing being held in private and keeping documentation private.

2.2.2   The Sub-Committee were informed that Councillor Jane Chitty had not responded to the questions but had confirmed that she would attend the hearing.

Section 3: Findings of fact

3.1            Summary of submission by the Investigating Officer

3.1.1   Mr Milne explained that his findings of fact were set out in his report and confirmed his findings of no breach of paragraph 3(2)(b) of the code in relation to bullying and a breach of paragraph 3(1) of the code in relation to treating others with respect.

3.2            Summary of submission from Councillor Chitty

3.2.1            Councillor Chitty confirmed that she was happy with the findings of the report apart from the time of the incident which she recalled to take place at an earlier time of between 2pm and 3pm.  She felt this was an important point as if  ...  view the full minutes text for item 983.