Audit, Governance and Standards Hearing Panel |
Wednesday 20th June 2018 |
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Consideration of Complaint M011102 |
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Final Decision-Maker |
Audit, Governance and Standards Hearing Panel |
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Lead Head of Service |
Patricia Narebor, Head of Legal Partnership |
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Lead Officer and Report Author |
Christine Nuttall, Senior Lawyer, Corporate Governance (Locum) |
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Classification |
Part 2 matters will be considered in the absence of the public and press for the reasons indicated within the report. |
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Wards affected |
Not applicable. |
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Executive Summary |
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The Audit, Governance and Standards Hearing Panel is invited to consider the report of the Investigating Officer and determine what action, if any, to take in respect of complaint numbered M011102.
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This report makes the following recommendations to this Hearing Panel: |
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1. To receive the Investigator’s Report and decide on the outcome of the complaint.
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Timetable |
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Meeting |
Date |
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Audit, Governance and Standards Hearing Panel |
20th June 2018 |
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Consideration of Complaint M011102 |
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1. INTRODUCTION AND BACKGROUND
This report is divided into 2 parts. Part 1 is taken in the presence of the public and press. Part 2 items will be considered in the absence of the public and press for the reasons set out below.
PART 1 – MATTERS TO
BE CONSIDERED WITH THE PUBLIC AND PRESS PRESENT
2. COMPLAINT
The Monitoring Officer received a complaint under the Councillors’ Code of
Conduct, reference number M011102. The Monitoring Officer in consultation with the Independent Person decided that the complaint merited formal investigation and appointed an Investigating Officer to undertake the investigation and informed the Parties of the appointment.
The report of the Investigating Officer provides a summary of the business to be transacted in consideration of complaint numbered M011102.
3. EXCLUSION OF THE PRESS AND PUBLIC
The Investigator’s Report with Appendices have been withheld from public
circulation and deposit pursuant to Section 100(B)(2) of the Local
Government Act 1972 on the grounds that the matters may be determined
with the press and public excluded.
The Hearing Panel may decide that the press and public be excluded from
the meeting during consideration of matters set out in Part 2 pursuant to
Section 100(A)4 of the Local Government Act 1972 on the grounds that
they involve the likely disclosure of exempt information as defined in
Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.
Paragraphs 1 and 2 of Part 1 of Schedule 12A exempts information relating to any individual and information which is likely to reveal the identity of an individual.
The Subject Member has requested that the hearing be held in private.
If the Hearing Panel declines to pass a resolution that the press and public be excluded from the meeting, the papers listed under Part 2 of this report will be made available to the public at the meeting and will be posted on the Council’s website at the conclusion of the meeting.
PART 2 – MATTERS TO BE CONSIDERED WITHOUT THE PUBLIC AND PRESS PRESENT
4. CONSIDERATION OF COMPLAINT MO11102
The Hearing Panel is invited to consider the report of the Investigating
Officer and determine what action, if any, to take in respect of the above
Complaint.
Issue |
Implications |
Sign-off |
Impact on Corporate Priorities |
Maintaining appropriate standards of Member conduct contributes indirectly to all Corporate Priorities. |
Monitoring Officer |
Risk Management |
No risks have been identified for this report. |
Head of Legal Partnership |
Financial |
There are no financial implications arising from this report. |
Head of Legal Partnership
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Staffing |
No staffing issues have been identified in this report. |
Head of Legal Partnership |
Legal |
The Hearing Panel is required to determine all complaints referred to them by the Monitoring Officer where a Member of a Council in the Borough is alleged to have breached their respective Councillors’ Code of Conduct under the provisions of the Localism Act 2011. |
Monitoring Officer |
Privacy and Data Protection |
The Hearing will increase the volume of data held by the Council. We will hold that data in line with any requirements of the Localism Act 2011 and the Data Protection legislation. |
Head of Legal Partnership |
Equalities |
There are no equality issues associated with this report. |
Head of Legal Partnership |
Crime and Disorder |
There are no crime and disorder implications associated with this report. |
Head of Legal Partnership |
Procurement |
Not applicable. |
Head of Legal Partnership |
Appendices:
Appendix 1: Code of Conduct for Councillors
Appendix 2: Computer Use Policy 1.3
Exempt Appendices
By virtue of paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 the following Appendices are exempt because they contain information relating to any individual (paragraph 1) and information which is likely to reveal the identity of an individual (paragraph 2) and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information:
Exempt Appendix 3: Investigating Officer’s Report
Exempt Appendix 4: Member Complaint Form
Exempt Appendix 5: Mid Kent Audit Report
Exempt Appendix 6: Subject Member Witness Statement
Exempt Appendix 7: Witness Statement of Head of Mid Kent Audit
Exempt Appendix 8: Witness Statement of Mid Kent Services Director