There were no apologies for absence.

To confirm the minutes of the Conduct Committee held on 7 December 2021.

Consideration was given to the minutes of the meeting held on 7 December 2022.

RESOLVED

That the minutes of the meeting held on 7 December be APPROVED.

In accordance with the Regulations, Members are invited to declare any disclosable interests under the Code of Conduct and the nature of those interests in respect of items on this Agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applies to them.

There were no declarations of interest.

To receive any petitions, deputations and questions received from members of the public in accordance with the provisions of Procedure Rule 93. The total time allowed for this shall be 30 minutes. Petitions, deputations and questions shall be dealt with in the order in which they are received.

No petitions, deputations or questions were received.

To consider any questions received from Members of the Council in accordance with the provisions of Procedure Rule 95.

No questions from Members were received.

To consider any Notices of Motion from Members submitted under Procedure Rule 97.

No notices of motion were received.

To receive Report No. 61/2022 from the Monitoring Officer.

Report No. 61/2022 was presented by Marie Rosenthal, Interim Deputy Director for Corporate Governance and Monitoring Officer, the report set out a revised Members’ Code of Conduct for consideration prior to it being submitted to full Council on 11 April 2022 for approval. The revised Code was based on the new model code recently produced by the Local Government Association following recommendations made by the Committee on Standards in Public Life.

Following consideration the recommendations of Report No. 61/2022 were moved by and seconded and upon being put to the vote, with seven votes in favour the motion was unanimously carried.

RESOLVED

That the Conduct Committee:

1)     RECOMMENDED to Council that it approves the adoption of the revised Code of Conduct for Members as set out in Appendix A to the report.

2)     AGREED the adoption of the 8 best practice recommendations of the Committee on Standards in Public Life set out in paragraph 5 of the report.

3)     AGREED an all-member seminar would to be arranged as soon as practicable to ensure Members were aware of the change and understood the terms of the new Code of Conduct.

4)     RECOMMENDED the new Code of Conduct to Rutland Parish Councils.

To receive Report No. 62/2022 from the Monitoring Officer.

Report No. 62/2022 was presented by Sarah Khawaja, Legal Services Manager and Deputy Monitoring Officer, the report set out revised Arrangements for Dealing with Conduct Allegations for consideration and submission to Council for approval.

It was noted and agreed that agreement of the arrangements would be subject to the inclusion of a public interest test and that where the Monitoring Officer, in consultation with the Independent Person, considers it necessary to take action without investigating a matter, the Monitoring Officer will notify the Chair as soon as practicable. 

In response to concerns raised by Members on oversight of complaints resolved informally without a Committee hearing, it was agreed that the Monitoring Officer would present an annual report on complaints to the Committee. The Chair of the Committee would also be kept informed of complaints resolved informally as a check and balance. 

The recommendations of Report No. 62/2022 were moved and seconded and upon being put to the vote, with seven votes in favour the motion was unanimously carried.

RESOLVED

That the Committee RECCOMENDED to Council that it approve the adoption of the revised Arrangements for Dealing with Conduct Allegations in Appendix A to the report, subject to the amendments agreed at the meeting.

The Committee is recommended to determine the public and press be excluded from the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, and in accordance with the Access to Information provisions of Procedure Rule 239, as the following item of business is likely to involve the disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act.

Paragraph 1: Information relating to any individual.

Councillor O Hemsley moved from the Chair that the meeting exclude the press and public as consideration of the following items was likely to involve discussion of exempt information relating to the identities of the complainant and subject Councillor.

This was seconded and upon being put to the vote, with seven votes in favour the motion was unanimously carried.

RESOLVED

That the press and public be excluded from the remainder of the meeting as the following items of businesses would involve discussion of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to any individual.

To receive Report No. 62/2022 from the Monitoring Officer.

Report No. 63/2022 was received from the Monitoring Officer.

Sarah Khawaja, Deputy Monitoring Officer, presented the report and summarised the findings of the Independent Investigator

RESOLVED

1)     That the final report of the Independent Investigator be NOTED. 

Consideration was then given to whether the Councillor concerned had breached Oakham Town Council’s Code of Conduct, during its considerations the Committee was advised by Marie Rosenthal, Monitoring Officer, and also had the opportunity to receive the views of Gordon Grimes, the Council’s Independent Person.

It was moved by Councillor A Brown that the Committee find the Councillor concerned in breach of Oakham Town Council’s Code of Conduct. This was seconded and upon being put to the vote, with seven votes in favour the motion was unanimously carried.

RESOLVED

2)     That the Councillor concerned was found in breach of Oakham Town Council’s Code of Conduct.

Consideration was then given to the potential sanctions available for the Committee to impose on the Councillor concerned. Following discussion, it was moved by Councillor O Hemsley that all available sanctions be imposed except the recommendation of training, which the Committee felt would not be of value. This was seconded and upon being put to the vote, with six votes in favour and one abstention, the motion was carried.

RESOLVED:

3)     That the subject Member be issued a formal letter.

4)     That formal censure be imposed.

5)     That Oakham Town Council be recommended to remove the Member the member from committee(s) and other appointments.

6)     That a press release and other appropriate publicity be published.

A full copy of the decision notice in respect of the complaint can be found appended to these minutes.

To consider any other urgent business at the discretion of the person

presiding provided that it has been previously notified to them.

There was no urgent business for consideration.