To Core Bundle
Total Page:16
File Type:pdf, Size:1020Kb
INVESTIGATION INTO STANDARDS OF CONDUCT UNDER THE LOCALISM ACT 2011 COUNCILLOR MAHBOOB HUSSAIN INDEX TO CORE BUNDLE No Document Date Pagination New from main Pagination . bundle - top right , bottom of page right of . page COMPLAINTS 1. Extractfrom the 11/2016 lOa, lOg- 1-4 Arrangements for Dealing lOi with Standards Allegations under the Localism Act 201 1 [internal pp 1 and 7-9 only] 2. Complaint Form- 03/06/2016 1-10 5-14 Allegations of Breaches of Code of Conduct for Members completed by Jan Britton re: Mahboob Page 1 of 5 Hussain 3. Statement of Jan Britton — 09/11/2016 Statement 15-22 Interview 04/10/2016 bundle 1-8 4. Final Report of an 20/02/2017 lOak-lObw 23-61 Investigation in Accordance with the Arrangements for dealing with Standards Allegations under the Localism Act 2011 PUBLIC CONVENIENCES 5. Statement of David 01/11/2016 Statement 62-65 WiIIetts — Interview bundle 9- 13/10/2016 12 6. Statement of Mitchell 03/11/2016 Statement 66-71 Spencer— Interview bundle 13- 25/10/2016 18 7. Statement of Kerry Jones 23/11/2016 Statement 72-77 — Interview 01/11/2016 bundle 19- ._____ 24 8. Letter from Central 18/07/2011 522-524 78-80 Property Line — Abdul Naeem re: Public Toilets 9. Briefing Note to David 15/08/2011 526-527 81-82 Willetts re Public Conveniences in Sandwell 10 E-mails between Abdul of 16/12/2011 536-537 83-84 Central Property Line and 12/12/2011 Mitchell Spencer re: 07/11/2011 Public Conveniences 11 E-mails between Abdul, 12/01/2012 542-545 85-88 Central Property Line and Mitchell Spencer: Public Conveniences 12 Letter from Sandwell 30/01/2012 546-548 89-91 MBC, M Spencer, I Page 2 of 5 Property Review Assistant to Central Property Line re: Public Convenience Sites - Sandwell 13 Letter to A Naeem, 02/03/2012 551-552 92-93 Central Property Line from Sandwell MBC, M Spencer, Property Review Assistant 14 Emails between David 02/03/2012 553-556 94-97 Willetts and Matthew Lynch re Public Conveniences 15 E-mails between Mitchell 09/03/2012 557 98 Spencer and Central 08/03/2012 Property Line re: Public Conveniences 16 Email between Mitchell 19/04/2012 573-574 99-1 00 Spencer to Scott Winning 18/04/2012 re: Former Public 13/04/2012 Conveniences 17 Emails between David 24/04/2012 578-579 101-102 Willetts and Mitchell 20/04/2012 Spencer re: Former Public Conveniences — Valuation Request 18 Report from DVS Property 23/05/2012 591-599 103-111 Specialists to S Kellas/ A Jones Sandwell MBC re: Valuation of redundant conveniences 19 E-mails between Scott 25/05/2012 602-603 112-113 Winning and Mitchell 24/05/2012 Spencer re: Public Conveniences 20 E-mails between Scott 07/06/2012 604 114 Page 3 of 5 Winning and Mitchell 31/05/2012 Spencer and Abdul, Central Property Line re: Public Conveniences 21 Extract from Agreement— 22/06/2012 See left 115-124 Sandwell MBC and Abdul Naeem Quyam [pp 620, 622, 623, 625, 628, 630, 632, 635, 637 and 639 only] 22 Extract from Report & 12/2015 See left 125-1 29 Valuation — Wragge Lawrence Graham & Co (Savills) [pp 662, 667, 669 and 692-693 only] PARKING TICKETS 23 Statement of Steve Boffy 25/10/2016 Statement 130-1 32 — Interview 13/10/2016 bundle 25- 27 24 Statement of Kira Fleck — 01/11/2016 Statement 133-1 36 Interview 17/10/2016 bundle 28- 31 25 Penalty Charge Notice undated 806 137 (PCN) — Procedure for dealing when a ticket is issued. 26 Table of payments [817 2001-2015 See left 138 only] 27 Parking Ticket (penalty 08/07/2012 821 139 charge) 14:26pm (PCN No SD51595702) 28 Notice Details — 08/07/2012 822 140 SD5I 595702 29 Notice history and Various 823-827 141 -1 45 correspondence — SD51 595702 30 Letter to Azeem Hafeez f 18/08/2015 874-875 146-147 Page 4 of 5 from Irfan Choudry, Service Manager Highways re: Notice of Intention 31 E-mails between between 17/10/2012 845-847 148-1 50 Irfan Choudry and Kira 16/10/2012 Fleck 32 Notice Details — 15/07/2013 848-851 151-1 54 SD5I 929943 33 Notice History — N Begum Various See left 155-1 64 [858-863 and 868-871 only] COUNCILLOR HUSSAIN INTERVIEWS 34 Record of Interview with 26/09/2016 32-52 165-1 85 Councillor Hussain 35 Additional questions to 17/01/2017 52a-52h 186-193 Councillor Hussain Page 5 of 5 S M Sandwell J Metropolitan Borough Council Arrangements for dealing with standards allegations under the Localism Act 2011 Context These “Arrangements” set out how you may make a complaint that an elected or co-opted member of this authority has failed to comply with the authority’s Code of Conduct, and sets out how the authority will deal with allegations of a failure to comply with the authority’s Code of Conduct. There is a separate procedure for dealing with Whistleblowing complaints Under the Localism Act 2011, the Council must have in place “arrangements” under which allegations that a member or co-opted member of the authority, or of a Committee or Sub-committee of the authority, has failed to comply with that authority’s member Code of Conduct can be investigated and decisions made on such allegations. Such arrangements must provide for the authority to appoint at least one Independent Person, whose views must be sought by the authority before it takes a decision on an allegation which it has decided shall be investigated, and whose views can be sought by the authority at any other stage, or by a member against whom an allegation has been made. 2 The Code of Conduct The Council has adopted a Code of Conduct for members, which is available for inspection on the authority’s website and on request from the Sandwell Council House, Oldbury. 3 Making a complaint If you wish to make a complaint, please write or email to — The Monitoring Officer Sandwell Council House Oldbury 869 3DE Or Philipi tart~sandwell.gov.uk [ILO; UNCLASSIFiED) November 2016 Approved at Councfl 17/1/2017 ) ~ a 8.2 Local Hearing If the Monitoring Officer considers that local resolution is not appropriate, or the member concerned is not prepared to undertake the suggested resolution, then the Monitoring Officer will report the Investigating Officer’s report to a Sub-Committee of the Standards Committee which will conduct a local hearing before deciding whether the member has failed to comply with the Code of Conduct and, if so, whether to take any action in respect of the member. The local hearing will normally take place within six weeks of the decision to proceed to a local hearing being made. The Monitoring Officer will conduct a “pre-hearing process”, requiring the member to give his/her response to the Investigating Officer’s report, in order to identify what is likely to be agreed and what is likely to be in contention at the hearing, and the Chair of the Sub-Committee of the Standards Committee may issue directions as to the manner in which the hearing will be conducted. If the matter to be heard is particularly complex, consideration may be given, by the Monitoring Officer and the Chair of the Committee, to have the hearing in front of the full Standards Committee rather than a sub-committee. At the hearing, the Investigating Officer will present his/her report, call such witnesses as he/she considers necessary and make representations to substantiate his/her conclusion that the member has failed to comply with the Member Code of Conduct. For this purpose, the Investigating Officer may ask you as the complainant to attend and give evidence to the Sub Committee. The member will then have an opportunity to give his/her evidence, to call witnesses and to make representations to the Sub Committee as to why he/she considers that he/she did not fail to comply with the Member Code of Conduct. If the Sub-Committee, with the benefit of any advice from the Independent Person, conclude that the member did not fail to comply with the Member Code of Conduct, they may dismiss the complaint. If the Sub-Committee concludes that the member did fail to comply with the Code of Conduct, the Chair will inform the member of this finding and the Sub-Committee will then consider what action, if any, the Sub-Committee should take as a result of the member’s failure to comply with the Code of Conduct. [ILO: UNCLASSIFIED] November 2016 )03 3 In doing this, the Sub-Committee will give the member an opportunity to make representations to the Sub-Committee and will consult the Independent Person. 9 What action can the Sub Committee of the Standards Committee take where a member has failed to comply with the Member Code of Conduct? The Council has delegated to the Standards Committee such of its powers to take action in respect of individual members as may be necessary to promote and maintain high standards of conduct. Accordingly a Sub-Committee, on behalf of the Standards Committee, will publish the breach of the code of conduct and the sanction imposed on the member’s profile on the Council’s website for a period of time to be determined by the Sub Committee, which is to be no less than the time required for compliance with any sanction. If a member fails to comply with a sanction in the timescale set, the information will remain on the profile until compliance is achieved.