Agenda and minutes

Agenda and minutes

Venue: Committee Room 1, at the Council Offices, Southfields, Loughborough. View directions

Contact: Democratic Services 

Items
No. Item

1.

Appointment of Chair

The Panel will appoint a Chair from amongst its members.

Minutes:

RESOLVEDthatCouncillor Draycott beappointedChairfor themeeting.

 

2.

Disclosures of Pecuniary and Personal Interests

Minutes:

No disclosuresofinterestwere made.

 

3.

Determination of Complaints of a Breach of the Members Code of Conduct of Charnwood Borough Council by Councillor David Hayes (Ref: MC4a, b & c 2018/19) pdf icon PDF 199 KB

The Panel is asked to determine complaints regarding potential breaches of the Members’ Code of Conduct of Charnwood Borough Council.  A report of the Monitoring Officer setting out details of the complaints and the pre-hearing process is attached.

Additional documents:

Minutes:

In accordance with the procedure for dealing with complaints, the Panel was asked to determine several complaints of potential breaches of the Members’ Code of Conduct of Charnwood Borough Council as set out in the report of the Monitoring Officer, and to decide whether they amounted to a breach of the Code of Conduct by Councillor Hayes, and if so, whether it felt it was appropriate to recommend the imposition of sanctions to the Borough Council.

 

              Administration of the Panel

 

The Chair explained the order of proceedings and all present confirmed they understood the procedure.  It was established that nobody present was aware of any interests or other reason which could prejudice the ability of the Panel to hold a fair hearing and make a sound determination on the matters in question. 

 

It was confirmed that the Investigating Officer and Councillor Hayes would not be calling witnesses and that Councillor Hayes would be representing himself and that he was happy to proceed on this basis.

 

Summary of Proceedings

 

The Investigating Officer, Mrs Elizabeth Warhurst, requested that the sound recording of Councillor Hayes asking his supplementary question to the Question on Notice 10.2 at the Borough Council meeting held on 3rd September 2018 be played to all present.  The Chair agreed and the sound recording was played.

 

The Investigating Officer presented her report and drew the Panel’s attention to the following:

 

·         the Panel was required to decide on a balance of probability if the statements made by Councillor Hayes represented a breach of the Code of Conduct and the Protocol on Member/Officer Relations.

·         the parties agreed on the material facts of the case regarding what was said by Councillor Hayes at the Council meeting, but they differed on the intention and meaning of the statements made. 

·         the right to freedom of expression was important in a democratic society and if Councillor Hayes was found to have breached the Member’s Code of Conduct and the Protocol on Member/Officer Relations this could be regarded a restriction of his freedom of expression, however, consideration should be made regarding who the comments were directed to, if the subject was an officer or a councillor and the impact of the comments on their professional conduct and reputation.

·         in her view, Councillor Hayes had referred to the present incumbent in the role of Head of Planning and that his comments suggested to the ordinary person on the street that the Head of Planning and Regeneration was involved in corrupt practices whilst in the employ of the Council.  It was not convincing that Councillor Hayes was making these comments to highlight, in general terms, good employment practices which he felt should be introduced at the Council.

 

The Panel Members and Councillor Hayes had no questions for the Investigating Officer.

 

Councillor Hayes presented his case, stated that he wished this hearing to be open and transparent and confirmed that it was being recorded.  He drew the Panel’s attention to the following:

 

·         it was the first time he had been  ...  view the full minutes text for item 3.