Heather,
I attach an email received this
morning this should be presented to the committee as part of its consideration
to proceed.
Also the committee ought also to
be informed of by Mr Simeon Cole. Whilst |I appreciate the committee will not be
determining this matter on the 27th March nevertheless they ought to
be aware of these matters to consider if a there is need for further
clarification/investigation in light of the draft report they are
considering.
Regards
Alan
McLaughlin
Assistant
Chief Executive - Legal and Democratic
Herefordshire
Council
Brockington
35 Hafod
Road
Hereford
HR1
1SH
Tel:
(01432) 260200
Fax:
(01432) 340189
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From: Frank
Myers [mailto:Frank.Myers@mcp.co.uk]
Sent: 26 March 2009
01:46
To: McLaughlin, Alan
Cc: J Jarvis
Subject:
Standards Board complaint Reference SC0802
Dear Mr McLaughlin
When I received the report, prepared by Kevin O’Keefe, to my
surprise I was not told what would happen next nor whether I had a right to
reply to it or be present when it would be considered.
I therefore sought the advice of my Ward Councillor, John
Jarvis, and he has told me today that I am allowed to make representations to
you.
I am extremely concerned that the report prepared by Mr
O’Keefe was without any discussion with me. Mr O’Keefe failed to attend a
meeting which had been arranged with me and delegated Sam Smith to attend.
Whilst I acknowledge that she did her best in difficult circumstances, I was
interviewed without being given sight of the evidence which had been filed
against me and I had to make representations before I was given the file some
months later.
It is clear that Mr O’Keefe has misunderstood, even though I
have tried to correct errors by way of my previous written
submission.
Fundamentally, in 6.1, he states that I chaired a meeting
which dealt with a planning application. I did not do so. The
Parish Council did not consider a planning application. We considered the
failure of Herefordshire Council to deal with specific conditions relating to a
previous planning permission.
Mr O’Keefe in making his comment about the views of ‘a
reasonable fair minded member of the public, seized of all the relevant facts’
fails to take into account that all of the councillors present, including
the complainant, discussed conflict of interest at the start of the
meeting. As a result two councillors withdrew and not one of the councillors,
who are all well aware of where I live raised such an issue with me. What better
description could be given to this group of people than reasonable fair minded
members of the public seized of all the relevant facts?
Mr O’Keefe also fails to mention that he has considered that
your own Planning Officer has confirmed that you, as an official body, do not
consider that the location of where I live gives me a particular interest in the
sites in question.
I also have to point out that Mr O’Keefe is clearly confused
about matters relating to Orchard House and Thorny Orchard and I am concerned
that he appears perhaps not to have visited these sites before reaching his
conclusions, he most definitely has not visited the place where I live, despite
my inviting him to do so.
On a fundamental note, it seems that Mr O’Keefe has
determined that simply by the proximity of properties there is an automatic
breach of the conflict of interest rules. My submission is that if such an
automatic conclusion were meant to be drawn then the rules would clearly say
so.
I should be grateful if you would bring these matters to the
attention of the Standards Board.
Thank you.
Frank Myers
Frank Myers MBE
Wythall Estate
Walford
Ross on Wye
HR9 5SD
Tel: 01989 562688
Mob: 07785 252273