Agenda item

NORTHAMPTON BOROUGH COUNCIL

DECISION NOTICE

STANDARDS COMMITTEE HEARING

18 NOVEMBER 2019

DECISION NOTICE:  BREACH OF THE CODE OF CONDUCT

REFERENCE:  DS72  2018

SUBJECT MEMBER

Councillor Robert Barrett of Upton Parish Council

COMPLAINANT

Councillor Pape, Chairman of Upton Parish Council on behalf of Upton Parish Council

CONSIDERATION STANDARDS PANEL

Councillor Suresh Patel (Chair) – Northampton Borough Council

Councillor Brian Oldham – Northampton Borough Council

Councillor Brian Markham – Northampton Borough Council

Ika Castka – Co Optee (Independent Member)

Councillor David Lewis – Co Optee (Parish Councillor)

Peter Glover, Independent Person who joined the meeting at 11am

DEPUTY MONITORING OFFICER

Laurie Gould

CLERK

Tracy Tiff

DATE OF HEARING

18 November 2019

DATE OF REPORT

18 December 2018

SUMMARY OF THE COMPLAINT

At its meeting on the 23 July 2019 the Panel adjourned its hearing because of the non-attendance of Councillor R. Barrett, the Parish Councillor against whom the complaints had been lodged. At the reconvened Panel hearing on the 18 November 2019 Councillor Barrett attended along with a supporting fellow Parish Councillor named Councillor Darrin Stevens.

Councillor Barrett wanted to put an argument to the Standards Panel that the present hearing and process by the Borough Council should not take place because of a policy which the Parish Council had adopted called the Dignity at Work Policy which the Investigating Officer in her report had confirmed was adopted by the Parish Council at its meeting on 5 June 2017. Councillor Barrett argued that Upton Parish Council under the Dignity at Work Policy was obliged to follow the processes under that Policy for dealing with grievances. He further argued that he had the right to have an investigation and/or hearing that was unbiased and which would consider the facts as presented and that this should be done independently.

The Standards Panel adjourned to give consideration to the arguments put forward by Councillor Barrett and after discussion and receiving advice from the Deputy Monitoring Officer mutually decided to adjourn the present hearing and reconvene in the new year to give the Deputy Monitoring Officer time to check the relevant policies and processes thereto of Upton Parish Council and legal case law.

On reconvening, the Panel Chairman informed Councillor Barrett of the decision to adjourn pending consideration and further advice from the Deputy Monitoring Officer on the arguments put forward by Councillor Barrett. The Panel also expressed the hope that Councillor Barrett would be present at the next hearing once a date had been fixed which was likely to be in the new year and at that hearing the Deputy Monitoring Officer would provide his guidance in relation to the arguments in relation to Upton Parish Council’s Dignity at Work Policy and any other related matter including any legal issues.

DECISION

In order to give time to consider the arguments put forward at the present hearing by Councillor R. Barrett the Panel resolved to adjourn the hearing and reconvene at a later date when it would inform Councillor Barrett of its decision on his submission and its further decision as to whether to proceed with the hearing into the alleged breaches of Upton Parish Council Code of Conduct.

PTO:

Signed     

Date             18 November 2019

Councillor Suresh Patel

Chair of the Hearings Panel