Hearing

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Hearing
Please Contact: Lydia Hall
Please email: lydia.hall@north-norfolk.gov.uk
Please Direct Dial on: 01263 516047
9 October 2015
A Standards Committee Hearing will be held in the Council Chamber at the Council
Offices, Holt Road, Cromer on Tuesday 20th October at 14.00pm
To hear the a complaint against a subject member of Great Ryburgh Parish Council
Sheila Oxtoby
Chief Executive
District Council Members: Mr N Coppack, Mrs H Cox (Chairman), Ms V Gay, Mr B
Hannah, Mrs G Perry-Warnes, Mr R Reynolds, , Mr R Shepherd, Mr N Smith and Mr R
Stevens
Co-opted Members: Mr G Allen, Mr R Barr, Mr A Bullen, Mrs M Evans and Mr H Gupta,
Copies sent to: the Subject Members, the Complainant, the Parish Council Clerk and the
local District Councillor
If you have any special requirements in order
to attend this meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative
format or in a different language please contact us
Chief Executive: Sheila Oxtoby, Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
ITEMS OF URGENT BUSINESS
To determine any items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B (4) (b) of the Local
Government Act 1972.
3.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is disclosable
pecuniary interest.
NOT FOR PUBLICATION – BY VIRTUE OF PARAGRAPH 3 OF PART 1 OF
SCHEDULE 12A (AS AMENDED) OF THE LOCAL GOVERNMENT ACT 1972
4.
COMPLAINT FOR HEARING
(attached – p.1)
(Great Ryburgh Members Code of Conduct - Appendix A – p.4)
(Investigation – Appendix B – p.6)
Summary:
Members are asked to consider the investigation report
and decide on any further action
Recommendations: To consider whether the allegations against the
subject member of Great Ryburgh Parish Council
are upheld and if so whether and what sanction it
might be appropriate to recommend to Great
Ryburgh Parish Council
Agenda Item No__4__
STANDARDS CASE – GREAT RYBURGH PARISH COUNCIL
Summary:
Members are asked to consider the investigation report
and decide on any further action
Recommendations:
To consider whether the allegations against the
subject member of Great Ryburgh Parish Council
are upheld and if so whether and what sanction it
might be appropriate to recommend to Great
Ryburgh Parish Council
Contact Officer, telephone number and email: David Johnson, Monitoring Officer
01603 223247 david.johnson@norfolk.gov.uk
The Standards Framework
1.
This report presents to Standards Committee the conclusions of an
investigation into a complaint regarding the behaviour of a member of
Great Ryburgh Parish Council and asks members whether they wish to
accept or reject the findings of the investigation and in either case what
further action is needed under the Council's Standards Arrangements.
2.
The conclusions of the investigation must be taken together with the
view of the Independent Person. Mr Alex Oram, the Council’s
Independent Person will be present at the meeting.
3.
Members are recommended to consider the report and documentation
and to decide whether and what action they wish to take in relation to
the allegations.
4.
Being a case involving members of a parish council the findings and
determinations of this committee will form recommendations to Great
Ryburgh Parish Council. Under the Localism Act 2011 only the parish
council can decide on any action or sanctions in relation to its own
members.
The Parties
5.
The complainant is Mr. Christopher Buxton a resident of Great
Ryburgh.
6.
The subject member is

Cllr. Elizabeth Savory
The Code of Conduct
7.
Great Ryburgh Parish Council‘s Code of Conduct is Appendix A to this
report.
The Allegations
8.
The allegation against the subject member is that she treated the
complainant with disrespect. The details of the allegations and the
evidence are contained in the Investigator’s report.
The Investigation
9.
The matter was assessed by the Monitoring Officer as appropriate for
investigation and Mr. Noel Doran solicitor was appointed as
investigator for the complaint. The investigation report and conclusions
are appended to this report as Appendix B.
10.
The Investigation Report concludes that there was a breach of the
code on the part of the subject member. However, it is for members to
consider from the report and any representations made at the meeting
whether they uphold the findings of the report or not.
Standards Hearing
11.
Members are recommended to hear the allegations in accordance with
the recommended practice note appended as Appendix C to this
report.
12.
If members do uphold the findings of the Investigation Report in
relation to any subject member then they may consider recommending
the imposition of a sanction on that subject member.
13.
The sanctions available to the Council under the Great Ryburgh Parish
Council Code of Conduct are as follows:a) Censure or reprimand.
b) Report to Full Council.
c) Recommendation to the Council to remove the member from
membership of Committees or Sub-Committees.
d) Require the member to undergo training in Ethics and Standards.
e) Removal of the member from external nominations or appointments.
f) Withdrawal of facilities or services from the member including access
to Council premises and/or IT facilities.
(g) any other lawful sanction
Recommendation
14.
Members are asked to consider the report and to resolve whether or
not to uphold its findings. If they do uphold its findings members are
asked to consider whether and what form of sanction it might be
appropriate to recommend in the circumstances of the case.
Members' Code of Conduct
1.
You are a member or co-opted member of Ryburgh Parish Council and hence you shall have
regard to the following principles:i. Selflessness
ii. Integrity
iii. Objectivity
iv. Accountability
v. Openness
vi. Honesty
vi. Leadership
2.
Accordingly, when acting in your capacity as a member or co-opted member:
2.1. You must act solely in the public interest and should never improperly confer an advantage
or disadvantage on any person or act to gain financial or other material benefits for yourself,
your family, a friend or close associate.
2.2. You must not place yourself under a financial or other obligation to outside individuals or
organisations that might seek to influence you in the performance of your official duties.
2.3. When carrying out your public duties you just make all choices, such as making public
appointments, awarding contracts or recommending individuals for rewards or benefits, on
merit.
2.4. You are accountable for your decisions to the public and you must co-operate fully with
whatever scrutiny is appropriate to your office.
2.5. You must be as open as possible about your decisions and actions and the decisions and
actions of your authority and should be prepared to give reasons for those decisions and
actions.
2.6. You must declare any private interests, both pecuniary and non-pecuniary, that relate your
public duties and must take steps to resolve any conflicts arising in a way that protects the
public interest, including registering and declaring interests in a manner conforming with the
Procedures set out in paragraph 3.
2.7. You must, when using or authorising the use by others of the resources of your authority,
ensure that such resources are not used improperly for political purposes (including party
political purposes) and you must have regard to any applicable Local Authority Code of
Publicity made under the Local Government Act 1986.
2.8. You must promote and support high standards of conduct when serving in your public post, in
particular as characterised by the above requirements, by leadership and example.
Registering and declaring pecuniary and non-pecuniary interests
3.1. You must, within 28 days of taking office as a member or co-opted member, notify your
authority's monitoring officer of any disclosable pecuniary interest as defined by regulations
made by the Secretary of State, where the pecuniary interest is yours, your spouses's or
civil partner's, or is the pecuniary interest of somebody with whom you are living with as a
husband or wife, or as if you were civil partners.
3.2. In addition, you must, within 28 days of taking office as a member or co-opted member, notify
your authority's monitoring officer of any disclosable pecuniary or non-pecuniary interest
Which your authority has decided should be included in the register.
3.3. If an interest has not been entered onto the authority's register, then the member must
disclose the interest to any meeting of the authority at which they are present, where they
have a disclosable interest in any matter being considered and where the matter is not a
sensitive interest.
3.4. Following any disclosure of an interest not on the authority's register or the subject
of pending notification, you just notify the monitoring officer of the interest within
28 days beginning with the date of disclosure.
3.5. Unless dispensation has been granted, you may not participate in any discussion
of, vote on, or discharge any function related to any matter in which you have a
pecuniary interest as defined by regulations made by the Secretary of State.
Additionally, you must observe the restrictions your authority places on your
Involvement in matters where you have a pecuniary or non-pecuniary interest as
defined by your authority.
3.6. A sensitive interest is described in the Localism Act 2011 as a member or co-opted
member of an authority having an interest, and the nature of the interest being such
that the member or co-opted member, and the authority's monitoring officer, consider
that disclosure of the details of the interest could lead to the member or co-opted
member, or a person connected with the member or co-opted member, being subject
to violence or intimidation.
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