From: McLaughlin, Alan
Sent: 26 March 2009 08:28
To: Donaldson, Heather
Cc: Hardy, Geoff; O'Keefe, Kevin
Subject: FW: Standards Board complaint Reference SC0802

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