STANDARDS COMMITTEE HEARING
20TH MAY 2008
Present:
Mr N
Briers Chair
(Independent non-Council Member)
Mr
D C
Forrest
Parish Council representative
Mr
R
Pomlett Independent
non-Council Member
Councillor
R A
Bailey
Councillor D J Cannon
Councillor
P A
Hallett
Councillor J Lewis
In
attendance:
Mrs R
Goddard Solicitor
and Committee Support Officer
Mr C J
Henshall Monitoring
Officer and Legal Adviser to the Committee
Mrs C M
Jones Committee
Officer
Mr W R
Graham Investigating
Officer
Councillor J
Jones Respondent
Councillor J
Hammond Non-Committee
Member
1.
DECLARATIONS OF INTEREST
Councillor R A Bailey declared a personal
interest in the proceedings on the basis that she was a member of
the same political group as Councillor Jones. Councillor P A
Hallett declared a personal interest in the proceedings on the
basis that he was a member of the same political group as
Councillor Jones and had campaigned for his election to the Borough
Council at the elections held on 3rd May 2007.
No other Member made any declaration of
interest in the proceedings.
2. THE
HEARING
The Monitoring Officer presented his report and
outlined the procedure to be followed at the meeting.
The Committee was invited to hear details of an
allegation made by Councillor Thorley about Councillor John Jones,
and to reach a conclusion as to (a) findings of fact, (b) whether
or not there had been a breach of the Code of Conduct, and (c) in
the event of a breach, to determine what sanction, if any, should
be imposed.
3. DETAILS
OF COMPLAINT
On 15th November 2007, Councillor Christopher Thorley
made a complaint to the Standards Board for England that at the
Development Control Committee meeting on 18th October
2007, Councillor John Jones had failed to declare an interest in
planning application No. P07/1053 which related to development at
South Cheshire College, Dane Bank Avenue, Crewe. Councillor Thorley
contended that Councillor Jones should have declared an interest in
the application on the basis that he was the sole shareholder of
Best Bus and Coach Ltd which had a 3-year contract with the College
and there was approximately 18-months of that contract
remaining.
4.
INVESTIGATION OF COMPLAINT
4.1 On
6th December 2007, the complaint was referred by the
Standards Board to Mr Christopher Henshall, Monitoring
Officer. On 4th January 2008, the Monitoring
Officer referred it to Mr William Riddell Graham and asked him to
carry out the investigation; he was appointed by the Monitoring
Officer as the Investigating Officer under Section 113 of the Local
Government Act 2003. Following the investigation, Mr Graham
prepared a final report under the provisions of Section 66 of the
Local Government Act 2000.
4.2 His
report, which gave an outline of findings of fact, was submitted
for consideration by the Committee. Mr Graham summarised the report
highlighting areas for consideration by Members and drawing
attention to mitigation offered by Councillor Jones. Members of the
Committee questioned Mr Graham by way of clarification.
4.3 Councillor
Jones, who was representing himself, was invited to comment and
stated that whilst he was the sole shareholder in Best Bus and
Coach Ltd. he was not responsible for the day-to-day management of
the business. At the Development Control Committee meeting,
it had not been in his contemplation that he had any type of
interest in the application. His view was that the
application related to what would be a new college at a much later
date in the future, rather than the existing site.
4.4 Councillor
Jones was questioned by Members of the Committee by way of
clarification.
5.
ADJOURNMENT
The Committee adjourned the meeting to enable it to make a
determination on findings of fact.
Councillor J Jones, Mr W R Graham, Councillor J Hammond, Mrs C M
Jones and representatives of the press withdrew from the meeting at
this point in the proceedings.
6.
RE-CONVENING OF MEETING
The Committee re-convened the meeting. Councillor J Jones, Mr
W R Graham, Councillor J Hammond, Mrs C M Jones and representatives
of the press re-joined the meeting to be informed of the findings
of fact.
7.
FINDINGS OF FACT
The Committee made the following findings of fact -
1. Councillor
John Jones attended the Development Control Committee on
18th October 2007 in his capacity as Councillor and
Member of that Committee.
2. Councillor
Jones was elected on 3rd May 2007 and received basic
training on the Code of Conduct on 10th May 2007.
3. Councillor
Jones declared an interest in another item on the agenda for the
meeting held on 18th October 2007.
4. There
was an item later on the agenda (P07/1053) relating to South
Cheshire College, Dane Bank Avenue, Crewe.
5. Best
Bus and Coach Ltd, of which Councillor Jones was sole shareholder,
had a contractual arrangement with South Cheshire College.
6. Knowing
his financial interest derived from the College, Councillor Jones
failed to declare a personal and prejudicial interest in the
application made by South Cheshire College for the redevelopment of
the college site.
Councillor Jones was invited to make observations on the findings
of fact. He reiterated his comments made under Minute No. 4.3
above.
8.
ADJOURNMENT
The Committee adjourned the meeting to enable it to make a
determination on whether or not there had been a breach of the Code
of Conduct.
Councillor J Jones, Mr W R Graham, Councillor J Hammond, Mrs C M
Jones and representatives of the press withdrew from the meeting at
this point in the proceedings.
9.
RE-CONVENING OF MEETING
The Committee re-convened the meeting. Councillor Jones, Mr W
R Graham, Councillor J Hammond, Mrs C M Jones and representatives
of the press re-joined the meeting to be informed of the findings
as to a breach of the Code of Conduct.
10.
FINDING AS TO BREACH OF THE CODE OF CONDUCT
10.1 The Committee
concluded that Councillor Jones had breached the Code of Conduct
under Paragraphs 8(1) (Personal Interests); 9(1)
(Disclosure of Personal Interests); and 12(1) (Effect
of Prejudicial Interests on Participation).
10.2 Reasons for the
Findings
It was clear
that Councillor Jones had a personal and prejudicial interest in
planning application P07/1053; he should have declared that
interest and withdrawn from the meeting during discussion of the
application and voting thereon.
10.3
Councillor Jones and Mr Graham were invited to comment or make
observations at this point in the proceedings.
Mr
Graham read to the meeting a letter he had received from the
Committee Officer who had serviced the Development Control
Committee meeting held on 18th October 2007 and was also
the Officer responsible for the annual Member Development
Programme. The letter was to the effect that a minimum of two
training sessions on the Code of Conduct were held each year.
Councillor Jones had attended an induction session on
10th May 2007 at which time the Members’ Code of Conduct
had been explained and discussed. Two further, more detailed
briefings had been arranged for July and August 2007 but, for
whatever reason, Councillor Jones had not attended either.
Mr Graham suggested that the Committee may wish to consider
requesting Councillor Jones to undergo training on the Code of
Conduct.
11.
ADJOURNMENT
The Committee adjourned the meeting to enable it to make a
determination in respect of any sanction which should be
imposed.
Councillor J Jones, Mr W R Graham, Councillor J Hammond, Mrs C M
Jones and representatives of the press withdrew from the meeting at
this point in the proceedings.
12.
RE-CONVENING OF MEETING
The Committee re-convened the meeting. Councillor Jones, Mr W
R Graham, Councillor J Hammond, Mrs C M Jones and representatives
of the press re-joined the meeting to be informed of the
Committee’s decision in respect of sanctions.
13.
DECISION
The Committee, whilst accepting that Councillor Jones had breached
the Code of Conduct and should have declared a personal and
prejudicial interest in the planning application referred to, was
satisfied that the omission had been as a result of a genuine error
or misunderstanding on his part, and that no sanction should be
imposed. Notwithstanding this, the Committee requested Councillor
Jones to attend the next training session arranged on the Code of
Conduct.
On behalf of the Committee, the Chair thanked
Councillor Jones for his openness and honesty during the
proceedings.
Councillor Jones was informed of his right of
appeal to the Adjudication Panel for England. The meeting was
formally closed.
……………………………………Chair