Agenda and draft minutes

To elect a Chairman for the meeting. 

Janet Gray was elected as Chairman for the meeting. 

To agree that the Chairman, after consultation with other Members of the Sub-Committee, signs the record of the Sub-Committee held on 23 January 2012, outside of the meeting.

It was agreed that the Chairman, after consultation with other Members of the Sub-Committee, agrees the record of the Sub-Committee held on 23 January 2012 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 summarises the content of agenda item 7, which, in the opinion of the proper officer, contains exempt information within one of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Committee to determine whether the press and public should be excluded from the meeting during consideration of document.

The sub-committee agreed that the press and public be excluded from the meeting during consideration of the exempt material relating to agenda item 7 because consideration of this matter in public would disclose information falling within one or more categories of exempt information contained in Schedule 12A to the Local Government Act 1972 as specified in agenda item 6 and, in all the circumstances of the case, the sub-committee considers that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  

The sub-committee also agreed that the investigating officer be allowed to remain in the room during the consideration of item 7.

This report brings before the Sub-Committee the Investigating Officer’s report into an allegation against a Councillor, which was referred for investigation by the Referrals Sub-Committee of the Standards Committee.  

This meeting is the “consideration stage” of the hearings process. The Sub-Committee is required to consider the Monitoring Officer’s findings and may refer the matter for a hearing or to the First-tier Tribunal for determination. 

Discussion

The Hearings Sub-Committee of the Standards Committee of this authority considered the Investigating Officer’s report into an allegation in respect of the above case reference. The Referrals Sub Committee of the Standards Committee had referred this to the Deputy Monitoring Officer for investigation on 10 March 2011.

In this case the finding of the Investigating Officer was that there had not been a breach of paragraphs 3(2)(b) “you must not bully any person”, and 6(a) “you must not use or attempt to use your position as a member improperly to confer on or to secure for yourself or any other person, an advantage or disadvantage”, of the Members’ Code of Conduct.  However, the Investigating Officer did find a breach of paragraph 3(1) of the Members’ Code of Conduct; “you must treat others with respect”.

The Hearings Sub-Committee were therefore advised that they were required to determine whether to refer the matter to a hearing or request that the First Tier Tribunal determine the matter.

Decision

The Hearings Sub-Committee, under Regulation 17 of the Standards Committee (England) Regulations 2008, referred the matter to a hearing.