Agenda and minutes

To note any declarations of interest in any matter before the Committee

Councillor Lewis reported a non-pecuniary interest in the Part II item ‘Complaint’ as he had previously met the complainant on a different matter.

The Chairman reported a non-pecuniary interest in the Part II item ‘Complaint’ as he knew someone living in the same road as the complainant.

The Borough Solicitor confirmed that neither interest would prevent the Members from considering the complaint.

To consider a complaint against a Member of the Council.

Documents attached:

·         Member and Co-opted Member Code of Conduct:          Pages 1 – 4

·         Standards Committee Procedure Rules:                         Pages 5 - 16

·         Whips’ Protocol:                                                               Pages 17 - 20

·         The Complaint (including original documentation as

sent to Chief Whip)                                                           Pages 21 - 46

·         Chief Whip response and emails clarifying process        Pages 47 - 50

·         Monitoring Officer email to complainant 5.12.13              Pages 51 - 52

·         Complainant email to Monitoring Officer 6.12.13

(containing revised complaint details in red)                   Pages 53 - 58

·         Monitoring Officer email to complainant 6.12.13              Pages 59 - 60

·         Monitoring Officer letter to Subject Member 6.12.13        Pages 61 - 62

·         Subject Member’s response to complaint                        Pages 63 - 64

The Committee gave consideration to a complaint submitted by Dr John Marx that Councillor Lavery had breached the Members’ and co-opted members’ Code of Conduct, which he had undertaken in writing, to observe. In particular, General Obligation 4(1) that a Member must act solely in the public interest and should never improperly confer an advantage or disadvantage on any person. Conferring an advantage includes gaining financial or other material benefits for the Member, their family, a friend or close associate.

In considering the complaint the Committee satisfied themselves that the complaint was against a Member of the Council in office at the time the complaint was made and that the Code of Conduct was in force at the time.

The Committee, after giving consideration to the views of the Independent Person, agreed unanimously that, if proven, the allegation would not represent a breach of the Code.

RESOLVED: That no further action be taken in respect of the complaint from Dr Marx against Councillor Lavery.

A full written summary of the decision is available to the public.