Agenda and draft minutes

Standards Committee - Monday, 22nd April 2024 10.00 a.m.

Venue: CityLab, 4-6 Dalton Square, Lancaster

Contact: Liz Bateson, Democratic Support - email  ebateson@lancaster.gov.uk 

Items
No. Item

13.

Minutes

To receive as a correct record the Minutes of meeting held on 11 January 2024 (previously circulated). 

Minutes:

The minutes of the meeting held 11 January 2024 were agreed as a correct record.

14.

Items of Urgent Business authorised by the Chair

Minutes:

There were no items of urgent business.

15.

Declarations of Interest

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Councillors should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Councillors are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

 

Minutes:

No declarations of interest were made at this point.

16.

Exclusion of the Press and Public

The Committee is recommended to pass the following recommendations in relation to the following items:-

 

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.”

 

Members are reminded that, whilst the following item has been marked as exempt, it is for Committee itself to decide whether or not to consider each of them in private or in public. In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

 

Minutes:

Resolved:

 

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it could involve the possible disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of that Act.

17.

Standards Complaint 7/23

Report of the Monitoring Officer.

Additional documents:

Minutes:

The Committee considered an exempt report from the Monitoring Officer regarding a Code of Conduct complaint concerning a Parish Councillor.  Details of the alleged breach were detailed in the exempt report.

 

The Subject Member and Investigating Officer were invited to join the meeting and the Chair introduced those present including the Independent Person who was present in an advisory non-voting capacity.

 

In accordance with procedure, the Subject Member’s representative raised procedural issues regarding the investigation and evidence presented. These were addressed by the Chair before continuing.

 

The Investigating Officer presented the report and invited questions from both the Subject Member and Committee. Once there were no further questions the Chair invited the Subject Member and their Representative to make their statements. The Subject Member answered questions from their own Representative before responding to questions from the Investigating Officer and the Committee.

 

The meeting adjourned at 11:50 for a short recess and reconvened at 12:00

 

Upon reconvening, the Subject Member’s Witnesses were invited into the room and they answered questions from the Subject Member’s Representative before the Chair invited questions for the Witnesses from the Committee.

 

The Investigating Officer and Subject Member then made their closing statements.

 

The meeting adjourned at 12:35 in order for the Committee to determine whether in their opinion the Subject Member had breached the Code of Conduct. The Subject Member, their representative, the Witnesses and Investigating Officer left the meeting at this point. The meeting reconvened at 13:20

 

On reconvening, the Chair confirmed that on balance, the Committee found no breach of the Parish Council code of conduct.

 

However, the Committee did have concerns that by undertaking their own investigation into the issues detailed in the exempt report the Subject Member risked bringing the Parish Council into disrepute when it was not clear what action points had been set by the Parish Council at the relevant meeting.

 

The Committee strongly reminded the Subject Member to follow the correct procedures should they have any concerns of wrongdoing by other councillors.

 

Resolved:

 

(1)   That the Subject Member did not breach the Parish Council’s Code of Conduct

 

(2)   That the Subject Member be reminded to follow correct procedures should they have any concerns of wrongdoing by other councillors.