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(Public Pack)Agenda Document for Governance and Ethics Committee

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(Public Pack)Agenda Document for Governance and Ethics Committee Public Document Pack Notice of Meeting Scan here to access the public Governance and documents for this meeting Ethics Committee Wednesday, 31st January, 2018 at 10.30 am in Council Chamber Council Offices Market Street Newbury Note: The Council broadcasts some of its meetings on the internet, known as webcasting. If this meeting is webcasted, please note that any speakers addressing this meeting could be filmed. If you are speaking at a meeting and do not wish to be filmed, please notify the Chairman before the meeting takes place. Please note however that you will be audio-recorded. Date of despatch of Agenda: Tuesday, 23 January 2018 For further information about this Agenda, or to inspect any background documents referred to in Part I reports, please contact Andy Day/Moira Fraser/Stephen Chard on (01635) 519459/519045/519462 e-mail: [email protected] / [email protected] / [email protected] e-mail: [email protected] / [email protected] Further information and Minutes are also available on the Council’s website at www.westberks.gov.uk Agenda - Governance and Ethics Committee to be held on Wednesday, 31 January 2018 (continued) To: Councillors Steve Ardagh-Walter, Jeff Beck (Vice-Chairman), Paul Bryant, Keith Chopping (Chairman), James Cole, Barry Dickens, Lee Dillon, Geoff Mayes, Anthony Pick and Quentin Webb Substitutes: Councillors Sheila Ellison Agenda Part I Page No. 1 Apologies To receive apologies for inability to attend the meeting (if any). 2 Declarations of Interest To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct. Standards Matters 3 NPC1/17 1 - 168 Purpose: To make a determination as to whether a breach of the Code of Conduct has occurred after considering the Investigator’s report about a complaint received from Councillor Tony Renouf (Complainant) in respect of Councillor James Spackman (Subject Member) from Woolhampton Parish Council submitted on 09 February 2017. Should the Committee determine that a breach of the Code of Conduct has occurred they will need to determine an appropriate sanction. Andy Day Head of Strategic Support West Berkshire Council is committed to equality of opportunity. We will treat everyone with respect, regardless of race, disability, gender, age, religion or sexual orientation. If you require this information in a different format or translation, please contact Moira Fraser on telephone (01635) 519045. Agenda Item 3 Complaint Ref: NPC1/17 Report to be Governance and Ethics Committee considered by: Date of Meeting: 31 January 2018 1. To make a determination as to whether a breach of the Code of Conduct has occurred after considering the Investigator’s report about a complaint received from Councillor Tony Renouf (Complainant) in respect of Councillor James Spackman (Subject Member) from Purpose of Report: Woolhampton Parish Council submitted on 09 February 2017. 2. Should the Committee determine that a breach of the Code of Conduct has occurred they will need to determine an appropriate sanction. Paragraphs of the Code of Conduct that the complaint might relate to: General Obligations: failing to treat others with respect Failure to Adhere to the Following Nolan Principles: 1. Integrity 2. Accountability 3. Honesty 4. Leadership Monitoring Officer’s Details Name: Sarah Clarke Job Title: Head of Legal Services Tel. No.: 01635 519596 E-mail Address: [email protected] Appendices: Appendix 1 – Members’ Code of Conduct Woolhampton Parish Council Appendix 2 – Complaint Form and Associated Correspondence Appendix 3 – Initial Assessment Decision Notice Appendix 4 – Investigator’s Report Appendix 5 – Submission from Complainant Appendix 6 – Submission from Subject Member Appendix 7 – Submission from Clerk Appendix 8 – Advisory Panel Decision Notice Appendix 9 – Sanctions Which Can be Applied West Berkshire Council Governance and Ethics Committee 31 January 2018 Page 1 Monitoring Officer’s Report 1. Introduction 1.1 A complaint was received from Councillor Tony Renouf on 09 February 2017 concerning an alleged breach of Woolhampton Parish Council’s Code of Conduct by Councillor James Spackman. The complaint was considered by the Deputy Monitoring Officer (Andy Day) in consultation with the Independent Person (Mike Wall) on 07 March 2017 where it was decided to refer the allegation for further investigation. 1.2 Mr Simon Bull was appointed to investigate the matter on behalf of West Berkshire Council. 1.3 The Investigator concluded that there is evidence of a breach, under the revised localism arrangements. 1.4 The Advisory Panel met on the 13 December 2017 to consider if it concurred, based on the facts set out in the report, with the Investigator’s conclusion. The Advisory Panel then had to make a recommendation to the Governance and Ethics Committee to make a final determination on the matter. 1.5 The Advisory Panel concurred with the findings of the Investigator as set out in his report, subject to the amendment of the recommendation to add complaint number five as a breach of the Code. 1.6 The Advisory Panel recommended that if the Special Governance and Ethics Committee concurred with the finding that a breach of the Code of Conduct had the following sanctions should be applied: 1. A formal letter be sent to the subject member from the Chairman of the Governance and Ethics Committee indicating the failure to comply with the Code. 5. A local resolution acceptable to the complainant and subject member and sanctioned by the Governance and Ethics Committee including a letter of apology to Councillor Burke and entering into mediation. If mediation proved unsuccessful then the following sanction would be applied: 4. A formal press release sanctioned by the Chairman of the Governance and Ethics Committee summarising the breach. Councillor James Spackman should also be required to make an unreserved formal apology to Councillor Eve Burke before any consideration was given to allowing him to participate on the Parish Council. 2. Conclusion 2.1 The Governance and Ethics Committee is required to decide if it concurs with the conclusion that there was a failure to comply with the Code of Conduct and if so what, if any, sanction should be imposed. West Berkshire Council Governance and Ethics Committee 31 January 2018 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Complaint about an elected Councillor’s Conduct Form Your details 1. Please provide us with your name and contact details Title: Mr First Name: Tony Last Name: Renouf 2. Please tell us which complainant type best describes you: Member of the public Local Authority monitoring officer x An elected or co-opted member of an Other council officer or authority authority employee Member of Parliament Other (please describe) If ‘other’ please state: 3. Please provide us with the name(s) of the Councillor(s) you believe have breached the Code of Conduct and the name of their authority: Title First name Last name Council or authority name Mr James Spackman Woolhampon Parish Council 4. Please explain in detail what the Councillor has done that you believe breaches the Code of Conduct. You also need to state which areas of the Code of Conduct you believe the Councillor has breached. It is important that you attach any supporting information to this form. Use a separate sheet if there is insufficient space. Cllr James Spackman was co-opted onto the Parish Council in September 2014 following his clearly expressed interest coupled with regular attendance at previous Parish Council meetings over an 18 month period. He was subsequently elected in May 2015. Since his election, he has been involved in a number of incidents all of which, without exception, have proved to be based on what I and other Parish Councillors believe to be lies or misinformation and as such has breached the Code of Conduct and brought the Parish Council into disrepute. Examples cited are as follows: 1. June 2015. (email copies marked 1 + PC Minutes of Part2 August meeting) Page 21 In an email and verbal exchange between Cllr Spackman and Cllr Wright (Vice Chairman) on an unrelated issue, Cllr Spackman alleged that in a conversation with Cllr Lovell, which took place at the Douai Fun Day, Cllr Lovell had made a slanderous statement about criminal behaviour in The Angel Inn, Woolhampton. Cllr Spackman subsequently discussed this with the then landlord of The Angel Inn maintaining that he had actually had the conversation with Cllr Lovell during the Parish Council meeting in June. In July, the landlord of The Angel attended the meeting to ask for Council’s response to the alleged remarks made by Cllr Lovell in the Parish Council meeting which he considered could be slanderous. It was agreed that the Council would investigate the allegation which clearly had potentially serious implications for its reputation. 2. August 2015 – April 2016 (Minutes + email marked 2) A Part 2 meeting was held in August to consider (1) the allegation that a slanderous statement had been made in the Parish Council meeting and (2) a Special Resolution to remove Cllr Spackman as the Council’s representative on the AWE Liaison Committee. The allegation was dismissed by all the members present and the Clerk. Cllr Spackman withdrew as the Council’s representative before a vote was taken. A request by Cllr Spackman that the minutes of the Part 2 meeting should include additional statements which had not been made at the meeting was rejected unanimously by members who then formally adopted the original minute.
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