Agenda and minutes

The quorum for the Sub-Committee is three members. The meeting will need to be adjourned in the absence of any of the three members appointed to the Sub-Committee.

The Chairman reported that as the three members of the Sub-Committee were all present, the meeting was quorate.

The Chairman will introduce the members of the Sub-Committee and willinvite others to introduce themselves.

The Chairman welcomed those present and invited them to introduce themselves.

Councillor Ms S-A Stavrou advised that she would be represented by Councillor M Cohen.

The Chairman advised that the purpose of the meeting was to consider an alleged breach of the District Council’s Members’ Code of Conduct by Councillor Ms S-A Stavrou.

(Monitoring Officer) To declare interests in any item on the agenda.

Councillor Cohen advised that he was the District Council’s Portfolio Holder for Corporate Support and ICT Services and that Miss C O’Boyle was the Council’s Director of Corporate Support Services as well as Monitoring Officer.  He stated that he did not consider this represented a conflict in this case as Miss O’Boyle had not undertaken the investigation into the allegations.

To consider whether under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting on grounds that it will involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Act.

To consider whether the press and public should be excluded from the meeting during the consideration of matters which are confidential under Section 100(A)(2) of the Local Government Act 1972.

Both the Investigating Officer and the member against whom the allegation has been made have stated that they do not want any part of the proceedings to be held in private. In coming to its decision the Sub-Committee will consider whether maintaining an exemption outweighs the public interest in disclosing the information. The Sub-Committee will also take account of the ability of the member against whom the allegation has been made to prohibit normal publication of a notice in the press and on the Council’s website in the event of the Sub-Committee finding no failure to comply with the Code of Conduct.

If the Sub-Committee determines that the press and public are not to be excluded from the meeting, copies of the relevant documents will be made available to any representative of the press and members of the public who are present.

The Chairman invited Councillor Ms S-A Stavrou and Mr I Willett, Investigating Officer to make representations about whether the press and public should be excluded from the meeting and whether full copies of the agenda and reports should be made available to the representative of the press and members of the public present at the meeting.

Both Councillor Ms Stavrou and Mr Willett stated that they had no objection to the meeting being held in public with full copies of the agenda and reports being made available to the representative of the press and members of the public present at the meeting.

The Sub-Committee considered the views made by Councillor Ms Stavrou and Mr Willett.  Account was also taken of the advice issued by the Standards Board for England regarding the admission of the press and public to meetings of this nature.  The Sub-Committee decided that there was nothing in the Investigating Officer’s report which was either confidential or exempt information as defined in the Local Government Act 1972.

            RESOLVED:

(1)               That the press and public be not excluded from the meeting; and

(2)        That full copies of the agenda and reports be made available to the representative of the press and members of the public present at the meeting and that those documents be published on the Council’s website.

Recommendations:

(1)      To consider an allegation about the conduct of District Councillor Ms S Stavrou as follows:

Findings Of Fact

(a)   to receive the Investigating Officer’s report and the enclosures referred to therein;

 (The Sub-Committee may determine that it is not necessary to undertake steps (b) – (f) below as all of the facts set out in the Investigating Officer’s report are agreed)

(b)    to receive submissions from the Investigating Officer on matters of fact;

(c)     to ask questions of the Investigating Officer, directed through the Chairman, on matters of fact;

(d)    to receive submissions on behalf of Councillor Stavrou on matters of fact;

(e)    to ask questions of Councillor Stavrou directed through the Chairman, on matters of fact;

(f)      to consider, if necessary in private session, the facts of the case and make a decision on the facts of the case;

              Breach of the Code of Conduct

(g)    to receive submissions from the Investigating Officer on whether there has been a breach of the Code of Conduct;

(h)    to ask questions of the Investigating Officer, directed through the Chairman, on whether there has been a breach of the Code of Conduct;

(i)       to receive submissions on behalf of  Councillor Stavrou on whether there has been a breach of the Code of Conduct;

(j)       to ask questions of Councillor Stavrou, directed through the Chairman, on whether there has been a breach of the Code of Conduct;

(k)     to consider, in private session, whether the facts represent a breach of the Code of Conduct;

Sanctions

(l)       if the Sub-Committee determines that there has been a breach, to receive further submissions from the Investigating Officer and on behalf of Councillor Stavrou on whether a penalty should be imposed;

(m)   to consider, in private session, whether no action needs to be taken or whether to impose a penalty and, if so, what that penalty should be;

(2)      To consider, in private session, whether to make any recommendations to the Council with a view to promoting high standards of conduct among councillors.

(Monitoring Officer)   The Sub-Committee is to determine complaints made by Mr R Wood and Mr and Mrs S Wood that Councillor Ms S Stavrou of Epping Forest District Council may have breached the Code of Conduct.

The pre-hearing summary is attached.

The report of the Investigating Officer has been sent separately to members of the Sub-Committee and the parties to the hearing. The report will be made available to others at the hearing if the Sub-Committee decides to hold the proceedings in public.

(a)               Procedure and Witnesses

The Chairman informed the meeting that an allegation about the conduct of Councillor Ms Stavrou had been investigated on behalf of the Monitoring Officer by Mr I Willett (Deputy Monitoring Officer) who was present at the meeting to present his report.

The Chairman outlined the procedure to be adopted at the hearing.  He indicated that the process would follow closely to the model procedure of the Standards Board for England and he outlined three key stages of the hearing.  First, consideration of the facts of the matter; followed by consideration of whether, in the light of the facts, there had been a breach of the Council’s Code of Conduct; and finally, if the Sub-Committee found that there had been a breach, consideration of the sanctions, if any, which were considered appropriate.  He indicated that the Sub-Committee was likely to go into private session to discuss its findings after taking evidence in public, but that the Sub-Committee’s findings would be announced in public session at the end of each key stage of the hearing.  He emphasised that there would be no cross-examination but that the parties would be able to ask each other questions directed through him.  Councillor Ms Stavrou and Mr Willett signified their agreement to the procedure outlined.

The Chairman drew attention to the following documents which had been circulated:

(a)               the report of the Investigating Officer; and

(b)               the pre-hearing process statement.

(b)               Findings of Fact

The Chairman invited Mr Willett to introduce his Investigating Officer’s report and to outline the facts of the case as set out in that report.

Mr Willett advised that his report concerned two complaints by Mr R Wood and Mr and Mrs S Wood respectively.  He explained that the subject of the complaints had been an incident which had taken place on 3 June 2008 in Mott Street, Waltham Abbey outside the home and business premises of Mr and Mrs S Wood known as Lira Beechside Nursery.

Mr Willett drew attention to his summary of the complaints.  Mr R Wood had alleged that Councillor Ms Stavrou had been verbally abusive to him and having asserted that she was a District Councillor had stated that she would get the fence removed from the frontage of Lira Beechside Nursery and would get the nursery shut down.  Mr and Mrs S Wood had reiterated the complaint by Mr R Wood and had coupled this with a further allegation that the alleged threat to close down their nursery was evidence of victimisation against them.

Mr Willett stated that he had been directed by the Assessments Sub-Committee to five potential breaches of the Code of Conduct.  In undertaking his investigation he had conducted interviews, both in person and over the telephone with the complainants, witnesses and an officer of Essex Highways.  He had also examined the District Council’s Planning file on Lira Beechside Nursery and the diary book kept by Councillor Ms Stavrou for constituents’ enquiries.  He had also reviewed other correspondence  ...  view the full minutes text for item 5.