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 welcome those present to the meeting, will introduce the members of the Sub-Committee and the officers and explain their roles at the meeting. The Chairman will invite the parties to the hearing, if present,  to introduce themselves.

The Chairman welcomed those present, introduced himself and invited others to introduce themselves and explain their roles at the meeting.

The Chairman advised that the purpose of the meeting was to consider alleged breaches of the Epping Forest District Council’s Members’ Code of Conduct by Councillor J Collier.  The meeting noted that Councillor Collier had stated that he would not be present at the meeting to put his case.

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

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs A Grigg declared a personal interest in Agenda Item 6 (Local Assessment Case 1/2010) by virtue of being a member of the same political party as the member subject to the complaint.  The Councillor determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of the issue.

To confirm the minutes of the Sub-Committee meeting held on 26 July 2010 (attached).

The Sub-Committee was advised that Mr G Weltch (former Independent Member of the Standards Committee) who had chaired the last meeting of the Hearings Sub-Committee had approved the draft minutes of the meeting held on 26 July 2010.

            RESOLVED:

            That the minutes of the meeting of the Sub-Committee held on 26 March 2010 be taken as read and signed by the Chairman as a correct record.

(a) To consider whether under Section 100(A)(4) of the Local Government Act 1972, the press and public 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.

(b) 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 advised that both Councillor Collier and Ms Salisbury, Investigating Officer had 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 members of the public and the press.  The Monitoring Officer drew attention to the redaction of certain figures in some of the appendices to the Investigating Officer’s report.  She advised that these figures had no bearing on the matter before the Sub-Committee.

The Sub-Committee considered the views of Councillor Collier and Ms Salisbury.  Account was also taken of the advice issued by Standards 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:

            That the public and press be not excluded from the meeting.

Recommendations:

(1)      To consider an allegation about the conduct of District Councillor J Collier as follows:

Findings of Fact

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

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

(c)     Councillor Collier, if present,  and members of the Sub-Committee to ask questions of the Investigating Officer, directed through the Chairman, on matters of fact;

(d)    to receive submissions from Councillor Collier, if present, on matters of fact;

(e)    the Investigating Officer and members of the Sub-Committee to ask questions of Councillor Collier, if present 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)    Councillor Collier, if present, and members of the Sub-Committee 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 from Councillor Collier, if present, on whether there has been a breach of the Code of Conduct;

(j)       the Investigating Officer and members of the Sub-Committee to ask questions of Councillor Collier, if present,  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 of the Code of Conduct, to receive further submissions from the Investigating Officer and  Councillor Collier, if present,  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  a complaint made by Mr R Palmer, Director of Finance and ICT of Epping Forest  District Council that Councillor J Collier 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. These documents will be made available to others at the hearing if the Sub-Committee decides to hold the proceedings in public.

(a)        Procedure

The Chairman informed the meeting that an allegation about the conduct of Councillor Collier had been investigated on behalf of the Monitoring Officer by Ms H Salisbury who was present at the meeting to present her report.

The Chairman outlined the procedure to be adopted at the meeting.  He indicated that the process would follow closely the model procedure of Standards for England and he outlined the 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 District Council’s Members’ 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 might 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.  Ms Salisbury signified her agreement to the procedure outlined.

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

(a)        the report of the Investigating Officer;

(b)        appendices to the report of the Investigating Officer (restricted circulation); and

(c)        the pre-hearing process summary.

(b)       Findings of Fact

Investigating Officer’s Submissions

The Chairman invited Ms Salisbury to introduce her Investigating Officer’s report and to outline the facts of the case as set out in that report. 

Ms Salisbury advised that she had been instructed by the Monitoring Officer of Epping Forest District Council, acting on behalf of the Epping Forest District Standards Committee to conduct an investigation into a complaint by Mr R Palmer, Director of Finance and ICT of Epping Forest District Council about the conduct of Councillor J Collier, a member of that Council.  Ms Salisbury advised that Councillor Collier had been paying arrears relating to Council Tax and National Non-Domestic Rates from his member’s allowance on a public house of which he had been a tenant.  His residential property had benefited from an exemption from Council Tax as it had been unoccupied and in relation to enquiries from the Revenue Division of the Council, Councillor Collier had not provided a forwarding address.  Two visits and a number of telephone calls had been made to Councillor Collier by officers in the Revenue Division in respect of these matters.  Councillor Collier had also made an application for Council Tax benefit but had failed to provide documentation requested by the Council.  Ms Salisbury continued that when Councillor Collier’s application for Council Tax benefit had been refused, he had written to the Benefits Section stating that he thought the refusal was improper and had been caused by an officer, who was deliberating preventing him from receiving his proper entitlement.

Ms Salisbury suggested that if members of the Sub-Committee had received and read her report in advance of the meeting she would orally summarise matters rather than make a very detailed presentation.  ...  view the full minutes text for item 12.