Hearing Determination Date: 18 January 2012
RE: Reference concerning possible failure to follow the Code of Conduct
Respondents: Councillors Ken Bates and Grant Bailey
Relevant Authority: Saxby–all–Saints Parish Council
Wayne Harvie (Independent Member) (Chair)
Yvonne Aubrey (Parish Member)
Cllr Andrea Davison (North Lincolnshire Council)
Cllr Neil Poole (North Lincolnshire Council)
Cllr David Wells (North Lincolnshire Council)
1. The Referral
1.1. The Sub Committee considered a matter which had been referred for investigation by an Assessment Sub Committee (reference 2009-10/04). Miss Lisa Kershaw (Investigating Officer) had investigated the complaint and produced a report.
1.2 The Respondents had been provided with a copy of the Investigating Officer's report and had been given an opportunity to respond. No such response had been received from either.
Miss Kershaw attended and presented the report.
The Sub-Committee was advised by the Monitoring Officer, Mr Will Bell.
3. The Complaint
3.1 A complaint had been received that the Respondents had breached the Code of Conduct by not declaring personal and prejudicial interests. (Paragraphs 8,9,10 and 12 of the Code).
3.2 The complaint had been made by Mrs J Szabo.
4. Submission by the Respondent
4.1 There was no submission for excluding the press and public and no attendance by the Respondent.
5. Submission by the Investigating Officer
5.1 The Investigating Officer submitted an account of the investigation, the interviews which had been undertaken together with her findings and conclusions.
6. Findings/Failure to comply with the Code
6.1 The Complainant had alleged that the respondents had breached the Code of Conduct by not declaring personal and prejudicial interests at meetings of the parish council on 8 June, 22 June and 20 July 2009 at which matters relating to a planning application by N-Power renewables and donations to Saxby Wolds Against the Turbines (SWAT) had been discussed.It was alleged that both respondents had been members of SWAT at those times.
6.2 The investigating officer had carried out interviews with the Complainants, the Respondents and other relevant witnesses and had concluded that there had been no breach of the Code by either Respondent as neither had personal and prejudicial interests to declare.
The Sub-Committee reached the following decision having taken into account all representations made.
7.1 In all the circumstances and based on the information presented the sub committee were of the view the allegations were not made out and accordingly there had been no breach of the Code.
24 January 2012