Agenda item

[Mr D. A. Gamble CC having declared an interest which might lead to bias in this item left the meeting at this point.]

The Committee considered a report of the Director of Law and Governance regarding the operation of the Council’s Members’ Code of Conduct from May 2017 to date.  A copy of the report, marked ‘Agenda Item 11’, is filed with these minutes.

In response to questioning by members, the Director of Law and Governance confirmed:

·         The deadline for Mr M. H. Charlesworth CC to send the letters of apology to the independent members of the Independent Remuneration Panel (IRP) had passed.  No apology had been made. 

·         Mr Charlesworth had not given any reason for his decision not to apologise except to confirm that he stood by his comments.

·         Mr S. J. Galton CC, Leader of the Liberal Democrat Group, had received a copy of Mr Charlesworth’s response to the Monitoring Officer.  Mr Galton had subsequently contacted the Monitoring Officer to discuss the matter and they were due to meet on Monday 30^th July.

·         The Committee had responsibility for promoting and maintaining high standards of conduct, but had limited powers to enforce sanctions against a member found to have breached the Members’ Code of Conduct.  If it wished to refer the matter further, its only option was to refer it to the full County Council.

·         Mr Charlesworth’s political group could take further action but no such action had been confirmed to date.

Arising from discussion, Members made the following points:

(i)            It was disappointing that Mr Charlesworth had decided not to apologise as ordered by the Member Conduct Panel.  The Panel had been unanimous in its finding that Mr Charlesworth had breached the Code and in its decision that an apology would be appropriate and necessary.

(ii)          Mr Charlesworth’s comments in the local media following the decision of the Member Conduct Panel had been inappropriate and risked further damaging the reputation of the Council.

(iii)         The complaints had been managed properly and in accordance with the Council’s member conduct complaints procedure.  It had been very disappointing that Mr Charlesworth had chosen not to engage throughout the process which had prolonged matters unnecessarily. 

(iv)         The circumstances that led to the complaints against Mr Charlesworth reflected badly on the Authority as a whole.  His statement which questioned the integrity of the three independent members of the IRP at a public meeting which was webcast live were unjustified and disrespectful and brought the whole Council into disrepute.

(v)          It was necessary to ensure integrity of the process and to make it clear to the public that any breach of the Members’ Code of Conduct found to have occurred by the Member Conduct Panel following an investigation would be dealt with.

(vi)         A member suggested that, given the matter had begun in a public meeting of the full County Council, it would be appropriate for full Council to be advised of the decision of the Member Conduct Panel and Mr Charlesworth’s response and refusal to apologise.

(vii)        It was further suggested that, if Mr Charlesworth continued to not apologise, the full Council should take collective responsibility and be asked to agree an apology to the independent members of the IRP on behalf of the Authority.

(viii)      A Member raised concern that referral to full Council might be premature and it would first be appropriate to refer the matter to the Liberal Democrat Group Leader to confirm what action, if any, the Liberal Democrat Group proposed to take.  It was highlighted, however, that the proposed referral to full Council did not preclude action being taken either by the Group or Mr Charlesworth prior to its next meeting.

The Chairman advised that prior to the meeting he had notified officers of his concerns and asked that a draft resolution be prepared on this basis,  Based on the discussion no held, he considered that this captured the issues predominantly raised by the Committee and asked that a copy be circulated at the meeting.   A copy of the draft resolution was circulated and a copy of this is filed with these minutes. 

It was moved by Mr Bedford, seconded by Mr Gillard and carried, 7 members voting for the motion and 1 abstaining:

(a)  That the report on the operation of the Members Code of Conduct and complaints received since May 2017 be noted;

(b)  That the unanimous decision of the Member Conduct Panel that Mr. M. H. Charlesworth CC had breached the Council’s Members’ Code of Conduct in that his comments made at the County Council meeting held on 27^th September 2017 which questioned the independence of three members of the Independent Remuneration Panel (IRP) were ‘unwarranted, unjustified and personalised’, did not treat members of the IRP with respect, and thereby brought the Authority into disrepute, be noted;

(c)  That the response received by the Monitoring Officer from Mr. Charlesworth to the findings of the Member Conduct Panel and his decision to refuse to apologise to the members of the IRP as ordered by the Panel be noted with disappointment and regret;

(d)  That the County Council be advised of the outcome of the meeting of the Member Conduct Panel held on 26^th June 2018 following the investigation into the conduct of Mr. Charlesworth, and of his refusal to accept the Panel’s findings and decision not to apologise for his conduct;

(e)  That in view of the fact that Mr. Charlesworth’s conduct had brought the Authority into disrepute, the full Council be asked to agree an apology to the members of the IRP.

[Mr D. A. Gamble CC returned to the meeting.]