Issue - meetings

Report on Alleged Breach of the Code of Conduct

Meeting: 14/08/2008 - Standards Committee (this Committee has now been combined wit the Audit, Standrds and Governance Committee and no longer meets) (Item 21)

21 Report on Alleged Breach of the Code of Conduct pdf icon PDF 30 KB

[Note: the public will be formally excluded from the meeting at the point at which the Committee makes its deliberations on the above matter and the following resolution will be passed:

 

"RESOLVED: that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the Committee's deliberations on the grounds that they will involve the likely disclosure of exempt information as defined in Paragraph 7C of Part 1 of Schedule 12A to the Act, as amended, and that it is in the public interest to do so."]

 

Additional documents:

Minutes:

The Committee considered a report on an alleged breach of the Code of Conduct.

 

On 17th March 2008 the Standards Board for England had referred to the Monitoring Officer, for local investigation under section 60(2) of the Local Government Act 2000 (Standards Board reference SBE: 21308.08), an allegation, made by Councillor Mrs. J. M. L. A Griffiths, that at a meeting of Alvechurch Parish Council on 11th February 2008 Councillor Puckering had breached the Code of Conduct by failing to declare an interest in Rowney Green Playgroup.

 

A report of the Investigating Officer dated 9th July 2008, which had found that Councillor Puckering had not failed to comply with the Code of Conduct, was considered.  The Committee was asked to determine whether, based on the facts set out in the report, it agreed with the Investigating Officer's finding that Councillor Puckering had not failed to comply with the Code, or whether it believed there was a case to answer.

 

RESOLVED that, having considered the report of the Investigating Officer, the Investigating Officer's finding of no failure to comply with the Code of Conduct be accepted.  

 

The reasons for the Committee’s decision were as follows:

 

(i)         At its meeting on 11th February 2008 the Parish Council did not consider or take a decision on whether to make a payment to Rowney Green pre-school; instead, the authorisation of the payments list was an administrative function required as part of the financial procedures of the Parish Council.

(ii)        The Parish Council was not therefore considering business which affected a personal interest of Councillor Puckering.

(iii)       There was, therefore, no requirement for Councillor Puckering to declare an interest, either personal or prejudicial.

(iv)       The Committee agreed with the Investigating Officer’s finding that the dates on which the Parish Council considered and took a decision on whether to make a payment to Rowney Green pre-school were at the meeting of the Parish Council’s Finance and General Purposes Committee on 26th November 2006 and the meeting of the Parish Council on 11th December 2006.