Agenda and minutes
PDF 267 KBVenue: The Council House, Burcot Lane, Bromsgrove. View directions
Contact: Debbie Parker-Jones
| No. | Item |
|---|---|
|
Chairman's opening remarks Minutes: The Chairman welcomed all present and explained that there would be two hearings taking place. The first hearing would deal with the complaints relating to the conduct of an individual Member at the meeting of Full Council on 29th July 2009, followed by a second hearing for the complaints arising from the conduct of certain Members at the Full Council meeting on 20th January 2010. |
|
|
Apologies for absence Minutes: An apology for absence was received from Ms. K. J. Sharpe (Vice-Chairman, Independent Member).
District Councillor S. R. Colella who formed part of the normal membership of the Committee was affected by some of the issues under consideration and therefore did not participate in the proceedings. |
|
|
Declarations of Interest Minutes: No declarations of interest were received. |
|
|
Exclusion of the Public - 2009 Complaints [To consider, and if considered appropriate, to pass the following resolution to exclude the public from the meeting during the consideration of an item of business containing exempt information:
"RESOLVED: that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraph of that part being as set out below, and that it is in the public interest to do so:
Item No. Paragraph 4 7C" ]
Minutes: The Committee considered whether or not to exclude the public from the meeting for the consideration of the first part of Agenda Item No. 4; the final determination of the complaints relating to the meeting of Full Council held on 29th July 2009. In doing so, the Committee considered whether the public interest in maintaining the exemption outweighed the public interest in disclosing the information, which the Committee agreed it did not.
RESOLVED that the public not be excluded from the meeting for the final determination of the complaints relating to the meeting of Full Council held on 29th July 2009 and that the relevant reports be placed in the public domain. |
|
|
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. |
|
|
Exclusion of the Public - 2010 Complaints Minutes: The Committee considered whether or not to exclude the public from the meeting for the consideration of the second part of Agenda Item No. 4; the final determination of the complaints relating to the meeting of Full Council held on 20th January 2010. In doing so, the Committee considered whether the public interest in maintaining the exemption outweighed the public interest in disclosing the information, which the Committee agreed it did not.
RESOLVED that the public not be excluded from the meeting for the final determination of the complaints relating to the meeting of Full Council held on 20th January 2010 and that the relevant reports be placed in the public domain. |
|
|
Final Determination of Complaints relating to the meeting of Full Council held on 20th January 2010 Minutes: Further to Minute No. 26/10 of the meeting of the Standards Committee held on 17th December 2010, the Committee considered reports of the Investigating Officer on alleged failures by Former District Councillor Ms. Judy Marshall and District Councillors Mrs. Christine McDonald, Peter McDonald, Edward Murray, Sean Shannon and Colin Wilson to follow the Bromsgrove District Council Code of Conduct.
The complaints concerned the Full Council meeting on 20th January 2010. The six Subject Councillors attended the meeting and did not declare an interest in an item of business relating to a transfer of funds from the Council's balances to cover the cost of retaining an external investigator to carry out investigations into complaints involving the six Subject Councillors' conduct.
The allegations were that the Subject Members had breached paragraph 9(1) of the Code in they failed to declare a personal and prejudicial interest, and had breached paragraph 12(1) of the Code in that they had failed to withdraw from the debate in question.
Individual Subject Member reports of the Investigating Officer dated 10th January 2011 (revised reports for the hearing), which had found that all of the Subject Members had failed to follow the Code of Conduct in relation to the complaints, were considered. The Committee was asked to determine whether, based on the agreed Statement of Facts, the Investigating Officer's report and supporting documents and representations made at the hearing, the six Subject Councillors had breached the Code of Conduct and if so what sanction, if any, should be imposed.
An update report from 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.
RESOLVED: (a) that Former District Councillor Ms. Judy Marshall and District Councillors Mrs. Christine McDonald, Peter McDonald, Edward Murray, Sean Shannon and Colin Wilson had failed to follow the Code of Conduct by being in breach of Part 2 paragraph 9 (1) in that they had failed to declare a personal and prejudicial interest, and paragraph 12 (1) in that they had failed to withdraw from the debate in question; and (b) that in light of the nature of the breach of the Code no sanction be imposed. (c) The Committee also acknowledged that the only sanction which would have been available as regards Former Councillor Ms. J. A. Marshall would have been censure because former Councillor Ms. J. A. Marshall was no longer a member of the Council at the time of the hearing.
(Copies of the Committee's full decisions, together with the reasons for the decisions, are appended.) |
|
|
Additional documents:
|