Agenda and minutes

To receive any apologies for absence

An apology for absence was received from Councillor Khursheed. The Borough Solicitor and Monitoring Officer explained that he had given advice to the Leader of the Labour Group that, due to the nature of the complaint and the identity of the Subject Member and complainant in this case, it would not be possible for a member of that Group to sit as a member of the Sub-Committee as those Members would all be considered to have a personal and prejudicial interest in the item. This advice had been accepted by the Leader of the Labour Group.

To note any declarations of interest

There were no declarations of interest.

It was confirmed that the meeting would be held in private.

Following a determination by the Assessment Sub-Committee, the Monitoring Officer appointed Mr Tim Revell to undertake an independent investigation into a complaint made by Councillor Duncan against Councillor MacDonald that she had contravened certain provisions of the Code of Conduct for Members which she had undertaken in writing to observe.

Members gave consideration to Mr Revell's investigation report, together with the bundle of evidence upon which he had relied and were asked to make an appropriate finding in accordance with Regulation 17 of the Standards Committee [England] Regulations 2008 and Guidance issued by Standards for England.

The Sub-Committee accepted Mr Revell’s recommendations that Councillor MacDonald had a case to answer and agreed that a hearing of the Sub-Committee would be convened within a period of three months from the date on which Mr Revell's investigation report was completed (17 October).

Members did not consider the it appropriate that the matter be referred to the First Tier Tribunal for determination.

RESOLVED: That the matter be considered at a full hearing of the Sub-Committee to meet no later than 17 January 2012.