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 NOT FOR PUBLICATION – BY VIRTUE OF PARAGRAPH 3 OF PART 1 OF SCHEDULE 12A (AS AMENDED) OF THE LOCAL GOVERNMENT ACT 1972 4.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.