Final Determination of Complaints relating to the meeting of Full Council held on 29th July 2009
[To make final determinations in relation to complaints against the following District/Former District Councillors:
i) 2009 complaints against Councillor Mrs. C. M. McDonald;
ii) 2010 complaint against former Councillor Ms. J. A. Marshall;
iii) " " " Councillor Mrs. C. M. McDonald;
iv) " " " " P. M. McDonald;
v) " " " " E. J. Murray;
vi) " " " " S. P. Shannon; and
vii) " " " " C. J. K. Wilson.]
Minutes:
Further to Minute No. 26/10 of the meeting of the Standards Committee held on 17th December 2010, the Committee considered a report of the Investigating Officer on alleged failures by District Councillor Mrs. Christine McDonald to follow the Bromsgrove District Council Code of Conduct.
The complaints concerned Councillor Mrs. McDonald's conduct at the Full Council meeting on 29th July 2009. At the meeting there was a problem regarding the seating arrangements. The Chairman of the meeting made a number of rulings which concluded in the resolution that the Labour Group Members be excluded from the meeting. There followed a number of adjournments of the meeting and attendance by the police at the request of the Council. During the final part of the meeting Councillor Mrs. McDonald occupied the seat next to the Leader of the Council, Councillor Hollingworth. Councillor Mrs McDonald interrupted him and switched his microphone off whilst he was presenting the recommendations to the Council on an item under consideration.
The allegations were that Councillor Mrs. McDonald had breached paragraph 3(1) of the Code in that she failed to treat others with respect, and that Councillor Mrs. McDonald breached paragraph 5 of the Code in that she had conducted herself in a manner which could reasonably be regarded as bringing her office or authority into disrepute.
A report of the Investigating Officer dated 10th January 2011 (revised report for the hearing), which had found that Councillor Mrs. McDonald had failed to follow the Code of Conduct in relation to the complaints, was considered. The Committee was asked to determine whether, based on the agreed Statement of Facts, The Investigating Officer's report and supporting documents and the representations made at the hearing, Councillor Mrs. McDonald had breached the Code of Conduct and if so what sanction, if any, should be imposed.
An update report of the Monitoring Officer detailing changes designed to improve the constitution and procedures relating to Council meetings agreed at Full Council on 22nd June 2011 and recent cross-party discussions that had taken place into improving the public perception of the decision making process at the Council was circulated.
A written apology volunteered by Councillor Mrs. McDonald apologising unreservedly for her behaviour on the evening in question was also presented to the Committee at the outset of the proceedings.
RESOLVED:
(a) that Councillor Mrs. McDonald had failed to follow the Code of Conduct by being in breach of Part 1 paragraph 3 (1) in that she failed to treat others with respect, and paragraph 5 in that she had conducted herself in a manner which could reasonably be regarded as bringing her office or authority into disrepute; and
(b) that in light of the apology offered voluntarily by Councillor Mrs. McDonald and in light of the positive developments at the Council since the date of the events in question, the Standards Committee accepted the apology offered (subject to it being resubmitted to the Committee in formal letter format) and imposed a sanction on Councillor Mrs. ... view the full minutes text for item 22