Agenda and minutes

Adjudication Hearing, Standards Committee - Thursday 23rd July, 2009 2.00 pm

Venue: Viersen 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 determine 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

 

23 July 2009, 2.00pm

Viersen Room, Town Hall

 

 

Name of Member 

Councillor Darren Morley

 

 

Relevant section of the Members’ Code of Conduct

Finding of the Committee

Paragraph 3.1    You must treat others with respect

Did not fail 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)

 

 

The Proceedings

Following referral by the Investigation Officer, an investigation into a complaint made about Councillor Morley was presented to the Adjudication sub-committee of the Standards Committee for Peterborough City Council.

 

In order to determine the findings of fact, the committee was addressed by the Investigation Officer and Councillor Morley.  The committee questioned both parties to clarify any issues.  The committee adjourned in order for the panel to determine the findings of fact.

 

The findings of fact were presented to the Investigation Officer and Councillor Morley who were able to make representation about whether the findings constituted a breach of the Code of Conduct.  The committee adjourned in order for the panel to determine whether the facts constituted a breach of the Code.

 

The committee unanimously agreed that the facts did constitute a breach of the Members’ Code of Conduct in one of the two instances considered (paragraph 5 of the Code but not paragraph 3.1) and therefore proceeded to determine what sanction should be imposed.  The committee recommended to Councillor Morley an appropriate sanction to be imposed for him to consider.  Councillor Morley accepted the sanction proposed by the committee and did not suggest an alternative.

 

The Chairman made recommendation to the Authority and then closed the meeting.

 

 

 

Sanction Imposed

Cllr Morley is to attend a one to one session with the Monitoring Officer for training on the Code of Conduct including acceptable behaviour in public life.  This sanction is to be carried out by the end of September 2009.  Failure to carry out such training will result in referral to the Standards committee.

 

 

 

Reasons

The sanction is considered to be constructive and will assist Cllr Morley to appropriately deal with any future confrontational situations that might arise in his role as a Councillor.

 

The severity of the incident did not warrant any further sanction that might restrict Councillor Morley in carrying out his duties as a Councillor. 

 

 

 

Right to Appeal

Councillor Morley has the right to apply in writing to the president of the Adjudication Panel for England for permission to appeal the standards committee’s finding. The president of the Adjudication Panel must receive written notice within 21 days of the member’s receipt of notification of the standards committee’s finding.