Ethical Standards Sub-Committee 8, 9 and 10 January 2018, at 10.00 am In the Council Chamber at the Sandwell Council House, Oldbury Agenda 1. Election of Chair for the meeting. 2. Apologies for absence. 3. Members to declare any interest in matters to be discussed at the meeting. 4. Consideration of Complaint Ref MC/06/0616. J Britton Chief Executive Sandwell Council House Freeth Street Oldbury West Midlands Distribution: Councillors S Crumpton, Lewis, Shackleton and Trow. Agenda prepared by Trisha Newton Democratic Services Unit Tel No: 0121 569 3193 E-mail: [email protected] Report to the Ethical Standards Sub Committee 8, 9, 10 January 2018 Complaint reference: MC/06/0616 Purpose of Report In accordance with the protocol for dealing with complaints against Members, the Sub-Committee is required to consider a complaint made against Councillor Mahboob Hussain that has been subject to a formal investigation. 1. Summary Statement 1.1. A complaint of Member misconduct was referred to the Monitoring Officer by the Chief Executive, Jan Britton, on 3 June 2016. The Monitoring Officer referred the complaint for investigation on 14 June 2016. 1.2. The complaint relates to the conduct of Councillor Mahboob Hussain. 1.3. The allegations related to the sale of toilet blocks and parking tickets. 1.4. A comprehensive investigation was undertaken. The investigation report consists of a large amount of documentary evidence in 8 leaver arch bundles. For ease of reference the investigator has also prepared a bundle of core documents. 1.5. The allegations in relation to the toilet blocks occurred in a period between July 2011 and August 2012. As such a copy of both the 2007 Member Code of Conduct and the 2012 Member Code of Conduct are provided and considered (please see pages 11 – 83 of the bundle). The parking tickets allegations occurred between various dates in 2012 and 2014 as such copies of the relevant Member Code of Conduct covering 2012 to 2014 are provided (please see pages 71 – 105 of the bundle). 3 1.6. The complaint alleged conduct which, if proven, could constitute a breach under the following: Part 1 of the 2007 Members Code of Conduct, general obligations, paragraphs 3 (2)(b), 3(2)(d), 5, 6 (a) Part 5 of the 2012 Members Code of Conduct, paragraphs Vi 12, 2(b), Vi. 12 (2) (d), Vi.12, (3), Vi 12 (6) 1.7. Paragraphs 3 (2) b (Vi.12 (2)(b)) states that a Member must not bully any person. 1.8. Paragraphs 3(2)(d) (Vi.12 (2)(d)) state that a Member must not do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of your authority. 1.9. Paragraph 5 (Vi.12(6)) states that a Member must not conduct themselves in a manner which could reasonably be regarded as bringing your office or authority into disrepute. 1.10. Paragraph 6(a) (Vi.12 (3)) states that a Member must not use or attempt to use his position as a Member improperly to confer on himself or another person an advantage. 1.11. Pursuant to the provisions of the Localism Act 2011, the Council has put in place “arrangements” under which allegations that a Member or co-opted Member of the authority has failed to comply with the authority’s Code of Conduct (annexed to the investigation report at pages 10a – 10aj). 1.12. The Monitoring Officer in accordance with the protocol commissioned a formal investigation into the complaint. 1.13. The report concluded that there were potential breaches of the Member’s Code of Conduct. 1.14. Pursuant to the arrangements the Monitoring Officer determined that the report was sufficient and should proceed to a hearing of the Sub-Committee for determination. 4 1.15. A copy of the report, the arrangements and the core bundle is attached at Appendix 1. The remaining evidence bundles have been provided to the parties and the Sub-Committee. 1.16 Directions for the hearing were agreed by the Chair of the Ethical Standards Sub-Committee and are attached at Appendix 2. Surjit Tour Director – Monitoring Officer Contact: Phillip Tart Deputy Monitoring Officer Tel: 0121 569 3172 5 2. The Allegations 2.1. The allegations are set out in the investigation report at Appendix 1. 3. Any relevant Council Procedures/Rules/Governance 3.1. The Members Code of Conduct and the arrangements for dealing with standards allegations under the Localism Act 2011 are set out in the investigation report at Appendix 1. 4. Options available to the Sub-Committee 4.1. Determine that the Code has not been breached. 4.2. Determine that the Member’s Code of Conduct was breached and consider appropriate sanctions which can include: • Instruct the Monitoring Officer to arrange training for the subject Member • Recommend to the Council that the subject Member is removed from all outside appointments when appointed to by the Authority. • Withdraw facilities provided to the subject Member by the Council • Exclude the Member from the Council’s offices or other premises (with the exception of full Council, or other relevant Committee and Sub-Committees). • Take such steps as appropriate, reasonable and proportionate to the particular conduct that amounted to the breach of the Member’s Code of Conduct. 5. Assessment Criteria 5.1. The Sub-Committee may wish to consider the following questions: (a) Are you satisfied that the Member was acting in his official capacity (b) Does the evidence support a breach of the Member Code of Conduct. 6 Appendices 1. Investigation Report and arrangements, Core bundle of documents 2. Directions for the hearing Background Papers Localism Act 2011 Members’ Code of Conduct Protocol for dealing with complaints against Members 7 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 8 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 9 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 10 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 11 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 12 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.