Agenda and minutes

Councillor Conduct Committee - Wednesday, 15 July 2015 6.00pm

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

Contact: Nicola Smith, Democratic Services Officer 

Items
No. Item

118.

Record of meeting pdf icon PDF 60 KB

To approve the record of the meeting held on 24 June 2015.

Minutes:

The record of the meeting held on 24 June 2015 was agreed and signed by the Chairman as correct.

119.

Apologies for absence

Minutes:

An apology of absence was received from Councillor Kemp.

120.

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:

The Chairman explained that he had accepted item 7 (Update on complaint CCC/2015/002) as an urgent item in order to avoid further delay in screening this complaint.  This item was late due to additional information regarding the complaint being submitted after the date of despatch.

121.

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.

122.

Exclusion of the press and public pdf icon PDF 74 KB

This report summarises the content of agenda item 6, 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 documents

Additional documents:

Minutes:

That the press and public be excluded from the meeting during consideration of the exempt material relating to agenda items 6 and 7 because consideration of these matters in public would disclose information falling within Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 5,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. 

123.

Update on complaint CCC/2015/001

The Committee is requested to consider an update relating to a complaint regarding a Parish Councillor’s conduct.

 

Reasons for urgency:

The Chairman of the Committee agreed that this report be considered by the Committee as an urgent item by reason of the special circumstances in order to avoid further delay in screening this complaint.

Minutes:

Discussion:

 

The Monitoring Officer introduced the report which updated Members on new information relating to complaint CCC/2015/001, the screening of which had been deferred at the committee’s previous meeting.

 

Decision:

 

The Committee agreed that no further action be taken in relation to complaint CCC/2015/001

 

Reasons:

 

Due to the fact that the subject member had since resigned from their position as a parish councillor.

124.

Screening of complaint CCC/2015/002

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

Minutes:

Discussion:

 

The Committee considered complaint number CCC/2015/002, received by the Monitoring Officer on 3 July 2015, which related to two Medway Councillors.

 

The Monitoring Officer also shared additional evidence that had been provided by the complainant and one of the subject members, which the committee had agreed to accept, plus additional information about related matters.

 

Decision:

 

The committee agreed that: -

 

(1)          No further action be taken in relation to complaint CCC/2015/002.

 

(2)          A briefing note be provided to all Members of the Council to clarify the legal advice that Ward Members can represent the views of their constituents at meetings even when they have a conflict of interest or a Disclosable Pecuniary Interest.

 

Reasons:

 

If proved, the conduct attributed to each Councillor would not amount to a breach of the Code of Conduct.