Agenda and minutes

Adjudication Hearing, Standards Committee - Thursday 9th July, 2009 2.30 pm

Venue: Bourges Room - Town Hall. View directions

Contact: Alex Daynes, 01733 452447 

Items
No. Item

1.

Apologies

2.

Declaration of Interests (if any)

At this point Members must declare whether they have an interest, whether personal or prejudicial, in any of the items on the agenda. Members must also declare if they are subject to their party group whip in relation to any items under consideration.

3.

Exclusion of Press and Public

In accordance with standing orders, Members are asked to determine whether agenda item 4, Adjudication on a complaint received against a Council Member, which contains exempt information presented to a Standards Committee, set up to consider any matter under regulations 13 or 16 to 20 of the Standards Committee (England) Regulations 2008, or referred under s58(1) (c) of the Local Government Act 2000 should be exempt and the press and public excluded from the meeting when it is discussed, or whether the public interest in disclosing this information outweighs the public interest in maintaining the exemption.

 

 

4.

Adjudication on a complaint received against a Council Member pdf icon PDF 40 KB

The sub committee to adjudicate and decide upon the outcome of a complaint made against a Council Member.

Minutes:

STANDARDS COMMITTEE HEARING

 

Summary of a Hearing in relation to a possible breach of the Members’ Code of Conduct

 

9 July 2009, 2.30pm

Bourges Room, Town Hall

 

 

Name of Member 

Councillor Wayne Fitzgerald

 

 

Complaint 1   Councillor Fitzgerald, in responding to a letter that a member of the public had published in the local press, entered into an exchange of correspondence which insulted the member of public, belittled his disability and suggested he should register a second disability, that of ‘serial stupidity’. In doing so it is alleged he breached the Members’ Code of Conduct.

Relevant section of the Members’ Code of Conduct

Finding of the Committee

Paragraph 3.1    You must treat others with respect

Failed to follow the Code (unanimous)

Paragraph 5       You must not conduct yourself in a manner which could reasonably be regarded as bringing your office into disrepute

Failed to follow the Code (unanimous)

 

 

Complaint 2   Councillor Fitzgerald, in responding to comments on a public website of the local press, used words such as ‘moron’ and ‘idiot’ which were aggressive and insulting. In doing so it is alleged he breached the Members’ Code of Conduct.

Relevant section of the Members’ Code of Conduct

Finding of the Committee

Paragraph 3.1    You must treat others with respect

Failed to follow the Code (unanimous)

Paragraph 5       You must not conduct yourself in a manner which could reasonably be regarded as bringing your office into disrepute

Did not fail to follow the Code (unanimous)

 

The Proceedings

Following referral by the Investigation Officer, two investigations into complaints made about Councillor Fitzgerald were presented to the Adjudication sub-committee of the Standards Committee for Peterborough City Council.

 

The committee determined the findings of fact as given in the investigation reports and proceeded to determine whether this constituted a breach of the Members’ Code of Conduct.  Councillor Fitzgerald addressed the committee to give representation why the agreed facts did not constitute a breach of the Code.  Members of the Panel questioned Councillor Fitzgerald and adjourned to determine whether the facts constituted a breach.

 

The committee unanimously agreed that the facts did constitute a breach of the Members’ Code of Conduct in three of the four instances considered and therefore proceeded to determine what sanction should be imposed.  Councillor Fitzgerald addressed the committee to propose an appropriate sanction to be imposed.

 

The Panel adjourned to determine what sanction to impose upon Councillor Fitzgerald concerning the breach of the Members’ Code of Conduct.  The Chairman of the committee announced the sanction to be imposed and then closed the meeting.

 

 

 

Sanction Imposed

1.      Accept the offer of a written apology to the first complainant which will be sent via the Monitoring Officer.  On failing to provide a written apology to the first complainant via the Monitoring Officer within two weeks of the date of this hearing, the matter will be reported to the Standards Committee.

 

2.      Censure Cllr Fitzgerald as he had acted in breach of the Code of Conduct and failed in his duty to act as  ...  view the full minutes text for item 4.