Agenda and minutes

Standards Hearing
Monday, 18 November 2019 10:30 am

Venue: The Jeffrey Room, The Guildhall, St. Giles Square, Northampton, NN1 1DE. View directions

Contact: Tracy Tiff, extension 7408 

Items
No. Item

1.

Apologies

Minutes:

An apology for absence was received from Councillor Les Marriott (Councillor Brian Markham – substitute).

2.

Decision Notice pdf icon PDF 89 KB

The Hearings Panel to note the Decision Notice of the Hearings Panel held on 23 July 2019.

Minutes:

The Hearings Panel noted the Decision Notice of the Hearings Panel held on 23 July 2019.

3.

Declarations Of Interest

Members are invited to declare any interests (including the nature of those interests) they have in the item appearing on this agenda.

 

Note: If any of the Hearing Panel’s Members believe they may have an interest they are asked to inform the Deputy Monitoring Officer before the date of the Hearing as the attendance of a replacement Member may need to be arranged

Minutes:

There were none.

4.

Exclusion of Public and Press

The Chair to move:

 

“That the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100I of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such Act.”

Minutes:

Upon seeking advice, Councillor Suresh Patel, Chair, proposed that  the Code of Conduct complaint is considered in public session but the report of the Investigating Officer would remain confidential and not circulated to the Press and public present.

 

RESOLVED:  That the Code of Conduct complaint is considered in public session but the report of the Investigating Officer would remain confidential and not circulated to the Press and public present.

 

  

5.

Code of Conduct Complaint

The Hearings Panel to consider the finding of the Investigating Officer into an allegation that a Parish Councillor has breached that Parish Council’s Code of Conduct for Members.

 

Members of the Panel will also note the enclosed proposed procedure for the Standards Hearing which will be explained by the attending Solicitor at the Hearing on  18 November 2019.

Minutes:

 

 

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  ...  view the full minutes text for item 5.

 

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