Agenda and minutes

Councillor Conduct Committee - Wednesday, 12 October 2016 6.00pm

Venue: Meeting Room 2 - Level 3, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR. View directions

Contact: Teri Reynolds, Democratic Services Officer 

Items
No. Item

350.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Mrs Diane Chambers, Kemp and Wildey.

351.

Record of meeting pdf icon PDF 63 KB

To approve the record of the meeting held on 11 May 2016 and the record of the joint meeting of committees, held on 18 May 2016. 

Additional documents:

Minutes:

The record of the meeting held on 11 May 2016 and the record of the joint meeting of committees held on 18 May 2016 were both agreed and signed by the Chairman as correct.

352.

Urgent matters by reason of special circumstances

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. 

Minutes:

There were none.

353.

Declarations of disclosable pecuniary interests and other interests

A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.

 

A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.

 

A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.

 

Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.

 

Members should also ensure they disclose any other interests which may give rise to a conflict under the council’s code of conduct.

 

In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons. 

Minutes:

Disclosable pecuniary interests

 

There were none.

 

Other interests

 

There were none.

354.

Social Media and the Code of Conduct for Councillors pdf icon PDF 320 KB

This report provides the Committee with a suggested draft paragraph to be added to the Councillors Code of Conduct making an explicit reference to the use of social media to be recommended to full Council.

Minutes:

Discussion:

 

The Monitoring Officer introduced the report which provided the Committee with suggested wording to be added to the Medway Council Member Code of Conduct, making an explicit reference to the use of social media.  This followed the debating of this issue at the Councillor Conduct Committee on 11 May 2016, where the Committee agreed that an explicit reference in the Code should be included.

 

Decision:

 

The Committee recommended full Council to approve the addition to the Member Code of Conduct, as set out at Appendix 1, subject to a slight amendment to improve the clarity.

355.

Exclusion of the press and public pdf icon PDF 80 KB

This report summarises the content of agenda items 7 and 8, which, in the opinion of the proper officer, contain 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 the documents. 

Minutes:

That the press and public be excluded from the meeting during consideration of the exempt material relating to agenda items 7 and 8 because consideration of these matters in public would disclose information falling within Paragraphs 1, 2, 3 and 7 of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 6,and, in all the circumstances of the case, the Committee considers that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

356.

Screening of Complaint CCC/2016/002

The committee is requested to consider a complaint relating to Councillor conduct.

Minutes:

Discussion:

 

The Deputy Monitoring Officer introduced a report which detailed a complaint received by the Monitoring Officer on 2 September 2016 relating to two Medway Councillors.  The complaint was split into 5 allegations and the Committee debated each allegation individually.

 

Decision:

 

The Committee decided to refer allegations 1, 2 and 4, which related to one Member, to the Police  having completed and met the legal jurisdiction criteria test set out in an agreed protocol with Kent Police (Localism Act 2011 – s34 Criminal Offence Investigations in Kent and Medway).

 

The Committee decided to refer allegation 3, which related to the same Member, to the Police  as it was considered that allegation 3 was so intrinsically linked to allegations 1, 2 and 4 that this allegation should not stand alone and should be included with the other elements of the complaint and be referred to the Police.  

 

The Committee decided to take no further action in relation to allegation 5, which related to a different Member, as having completed the Medway Council screening process test the Committee considered that there was insufficient evidence, on the face of the complaint, to demonstrate a potential breach of the Member Code of Conduct.

357.

Screening of Complaint CCC/2016/003

The committee is requested to consider a complaint relating to Parish Councillor conduct.

Minutes:

Discussion:

 

The Deputy Monitoring Officer introduced a report which detailed a complaint received by the Monitoring Officer dated 22 September 2016 relating to a Parish Councillor. 

 

Decision:

 

The Committee decided to take no further action, having completed the Medway Council screening process test, as it considered there to be insufficient evidence within the complaint to demonstrate that the Parish Councillor was acting in that capacity.