A Breach of the Code Has Been Found s3

ASSESSMENT DECISION NOTICE

A BREACH OF THE CODE HAS BEEN FOUND

NO SANCTION

Reference: CCN042/14

Complainant: Mr K Charman

Subject Member: Councillor John Adams, Lanteglos by Fowey Parish Council

Person conducting Simon Mansell, Governance and Information the Assessment: Manager

Date of Assessment: 30 December 2014

Complaint

On 30 December 2014 the Monitoring Officer considered a complaint from Mr K Charman concerning the alleged conduct of Councillor John Adams of Lanteglos by Fowey Parish Council. A general summary of the complaint is set out below:

The Complainant has alleged that at a meeting of the Parish Council on 24 November 2014 the Subject Member declared an interest in planning application number PA14/10321 (the Application) as he works part time for the applicant. However, when the Application was discussed at the meeting the Subject Member, despite declaring an interest in the Application, remained in the meeting, spoke in support of and voted for the Application.

Potential breaches of the Code of Conduct raised by the Complainant are;

 Participating in the discussions, participating in the vote, or further vote and failing to remove himself from the meeting while the matter in which the Subject Member had a disclosable pecuniary or non registerable interest was determined. Decision and breaches of the Code Found

A breach of the Code of Conduct has been demonstrated however, no further action is necessary.

Reasons

In assessing this complaint I have had regard to the following:

 The complaint;  The response to the complaint submitted by the Subject Member;  The views of the Independent Person assigned to this matter;  The minutes of the Parish Council meeting for 24 November 2014;  Standing Orders for Lanteglos by Fowey Parish Council.

The Complainant has alleged that at a meeting of the Parish Council on 24 November 2014 the Subject Member declared an interest in planning application number PA14/10321 (the Application) as he works part time for the applicant. However, when the application was discussed at the meeting the Subject Member, despite declaring an interest; remained in the meeting, spoke in support of the application and voted for the recommendation.

In considering the allegation as made it is noted that the Subject Member did declare an interest in the Application due to his previous employment by the applicant and the fact he is still employed by the applicant on an occasional basis. Prior to the meeting the Subject Member advises he did seek advice from the clerk and was given permission to stay in the chamber and vote.

It is considered that the Subject Member was correct to declare an interest at the start of the meeting. The reasoning for this is that the Subject member has a Non- Registerable Interest in the Application by virtue of the Subject Member’s employment, even though occasional, by the applicant; which creates a close association with the applicant.

The Parish Council’s Code of Conduct provides at Paragraph 3.5 that:

“If you are present at a meeting and you are aware that you have a non-registerable interest or a disclosable pecuniary interest in any matter being considered or to be considered at the meeting you must disclose that interest to the meeting if that interest is not already entered in the register and, unless you have the benefit of a current and relevant dispensation in relation to that matter, you must:

(i) not participate, or participate further, in any discussions of the matter at the meeting; (ii) not participate in any vote, or further vote, taken on the matter at the meeting; and (iii) remove yourself from the meeting while any discussion or vote takes place on the matter, to the extent that you are required to absent yourself in accordance with the Council’s standing orders or other relevant procedural rules.”

The Subject Member did comply with the Code by declaring the interest however; the Subject Member then stayed in the meeting, took part in the discussion and voted on the Application. In reviewing the Standing Orders of the Parish Council it is noted they do not reference the need for a member to leave the Chamber if they have an interest in a matter. As a result, there can be no breach of paragraph 3.5(iii) of the Council’s Code by the Subject Member by him staying in the meeting, even though he had an interest.

With regards to Paragraphs 3.5(i) and (ii) these are clear in that; if a member has an interest in a matter they should not participate in any discussions relating to the matter that they have interest in, and they should not vote on the matter.

Whilst it is noted that the Subject Member took advice as to whether he should stay in the meeting, this does not prevent a breach of the Code occurring as it is a member’s individual responsibility to comply with the Code.

As a result of having an interest in the Application, and then not complying with paragraph 3.5(i) and (ii) I consider that the Subject Member has breached paragraphs 3.5(i) and (ii) of the Code of Conduct for Lanteglos by Fowey Parish Council.

However, whilst a breach of the Code has been found I have noted that the Subject Member did seek advice as to what action to take and, due to this, and the advice given, I do not consider that further action needs to be taken with regards to the breach.

What happens now?

This decision notice is sent to the complainant, the member against whom the allegation has been made and the Clerk to Lanteglos by Fowey Parish Council.

Right of review

At the written request of the subject member, the Monitoring Officer can review and is able to change a decision not to refer an allegation for investigation or other action. A different Officer to that involved in the original decision will undertake the review.

We must receive a written request from the subject member to review this decision within 15 days from the date of this notice, explaining in detail on what grounds the decision should be reviewed.

If we receive a request for a review, we will write to all the parties mentioned above, notifying them of the request to review the decision.

It should be noted reviews will not be conducted by the same person who did the initial assessment. Additional help

If you need additional support in relation to this or future contact with us, please let us know as soon as possible. If you have difficulty reading this notice we can make reasonable adjustments to assist you, in line with the requirements of the Disability Discrimination Act 2000.

We can also help if English is not your first language.

SJR Mansell MBE Governance and Information Manager On behalf of the Monitoring Officer Date: 7 January 2015