Agenda item

CONSIDERATION / HEARING OF COMPLAINT SCC / 21725

                                                                                                                  (Enclosure)

Minutes:

The Chairman introduced the consideration/hearing and explained the procedure that the Committee would follow in considering the complaint. Introductions were made. He asked members to confirm any declarations of interest and established the Committee was quorate.

 

The Councillor was present, however the complainant was not.

 

It was resolved that:

 

In accordance with Section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting because of the likelihood, in view of the nature of the business to be transacted, that if members of the public were present, there would be a disclosure to them of exempt information as defined in paragraph 10 of part 1 of Schedule 12A of the Act.

 

With the press and public excluded, the Monitoring Officer outlined the complaint and the findings of fact following the investigating officer’s investigation. Members were advised that the allegations were investigated under the 2007 Members’ Code of Conduct. It was confirmed that the respondent was a parish councillor at the time the complaint was made and was bound by the Code when acting in that capacity.

 

The complaint alleged that the Councillor breached paragraph 3 (1) and 3 (2) (b) and (c) by failing to treat others with respect and intimidation and bullying. The Committee had to determine whether the Councillor was acting in his capacity as a Councillor and whether his behaviour constituted a breach of the Code of Conduct.

 

The complaint related to an incident, which took place on 19 August 2011. The Councillor attended the home of the complainant where a discussion ensued relating to a request made by the Councillor that the complainant move her son’s car.

 

The Councillor explained that there were a number of parking and traffic issues in the village. Accessibility problems were reported by drivers of timber lorries travelling through the village; these were caused by an incapacitated vehicle and roadworks. The location of the incapacitated vehicle prompted the request to move the car. The complainant had previously had an interaction with her neighbour, who had asked for the car to be moved. The complainant’s son was also part of the interaction. The Councillor advised that he would contact the police about moving the car.

 

The Committee noted that the Councillor had been a member of the Parish Council for 32 years.

 

14:49  The Councillor and Investigating Officer left the meeting

 

Members considered the report of the Investigating Officer, together with comments made by the Councillor. Standards Committee members agreed with the Investigating Officer that the respondent had been acting in his official capacity and that there had not been a breach of the Members’ Code of Conduct.

 

14:56  The Councillor and Investigating Officer returned to the meeting

 

The Chairman explained that the Committee had agreed with the findings of the Investigating Officer, finding the respondent had not breached the Members’ Code of Conduct, and read the statement detailing the Committee’s findings.

 

The SKDC Standards Committee has considered the complaint (SCC/21725) and concludes that there was no breach of the Code of Conduct by Councillor G Ward.

 

The Committee notes that the issue of parking on the road in the village of Woolsthorpe-by-Belvoir is long-standing and that the only solution is one of common sense applied in a spirit of public co-operation.

 

The Committee understands that the complainant had already had an upsetting altercation with a neighbour on the day of the incident. This circumstance did not favour Councillor Ward’s intervention later and inadvertently he compounded the situation of the complainant by responding the way he did in trying to do his public duty in his capacity as a parish councillor. The Standards Committee thanked Councillor Ward for his long service and valuable voluntary contribution to the parish.

 

The Parish Councillor requested that the Standards Committee’s statement be published in a local newspaper.