Agenda and minutes

It was proposed, seconded and unanimously agreed that Dr. S. Hill CC be appointed Chairman of the meeting.

Dr. S. Hill CC – in the Chair

There were no declarations of interest.

The public are likely to be excluded from the meeting during consideration of the following items of business in accordance with Section 100(a) of the Local government Act 1927:

-         Complaint A made under the Members’ Code of Conduct (Part 5A of Leicestershire County Council’s Constitution)

-         Complaint B made under the Members' Code of Conduct (Part 5A of Leicestershire County Council’s Constitution)

It was moved by the Chairman, seconded and carried:

“That under Section 100A of the Local Government Act 1972 the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 10 of Part I of Schedule 12(a) of the Local Government Act 1972:

§  Complaint A made under the Members’ Code of Conduct

(Part 5A of Leicestershire County Council’s Constitution)

§  Complaint B made under the Members' Code of Conduct

(Part 5A of Leicestershire County Council’s Constitution).”

The Panel considered an exempt report of the Monitoring Officer setting out the outcome of the initial test and early assessment of a complaint undertaken by her in respect of a complaint made about the conduct of an elected member.  The report indicated the available options to the Panel under the Council’s Procedure for dealing with Member Conduct Complaints.  A copy of the report is filed with these minutes.

The report was not for publication as it contained information relating to an individual.

Prior to discussion of the complaint, Mr Innes raised a concern regarding the process for appointing the Member Conduct Panel.  The agenda pack contained a transcript which referred to another member who had been approached to serve on the Panel.  That member had subsequently sought a substitute to serve on the Panel, as she had recognised the potential for a perception of bias.  The Monitoring Officer confirmed that she was satisfied with the process for appointing Panel Members but would ensure that such issues were considered in future appointments.

The Monitoring Officer then presented her report and responded to questions from the Panel.

The Chairman welcomed Mr Grimes, the independent person, to the meeting for this item.  Mr Grimes outlined his view on the complaint received and emphasised the seriousness of the matter.

RESOLVED:

(a)  That the early assessment report of the Monitoring Officer be noted;

(b)  That the complaint made against the elected member (Complaint A) be referred for ‘other action’ and the member be requested to:

(i)    Make a public apology to the complainant, accepting the seriousness of the complaint, the disregard of the standards expected of an elected member, and confirming his respect for the Council’s Code of Conduct;

(ii)  Attend training on the Code of Conduct and Protocol on Member/Officer Relations;

(c)  That, should the member choose not to undertake the action set out in (b) above within a reasonable timescale, the matter be referred back to the Panel for further consideration.

The Panel considered an exempt report of the Monitoring Officer setting out the outcome of the initial test and early assessment of a complaint undertaken by her in respect of a complaint made about the conduct of an elected member.  The report indicated the available options to the Panel under the Council’s Procedure for dealing with Member Conduct Complaints.  A copy of the report is filed with these minutes.

The report was not for publication as it contained information relating to an individual.

The Monitoring Officer presented her report and responded to questions from the Panel.

The Chairman welcomed Mr Gough, the independent person, to the meeting for this item.  At the request of the Panel, Mr Gough outlined his views on the complaint received.

RESOLVED:

(a)  That the early assessment report of the Monitoring Officer be noted:

(b)  That the complaint received against the elected member (Complaint B) be referred for investigation, with the investigator being asked to take all the information shared with the Panel, including correspondence subsequent to the complaint, into account.

Mr Gordon Grimes – Independent Person (minute 16 refers)

Mr Richard Gough – Independent Person (minute 17 refers)

Fiona McMillan – Monitoring Officer