A report to request Standards Panel to determine a complaint under the Council's process for consideration of complaints under the Code of Conduct, following referral by the Monitoring Officer of a complaint which cannot be dealt with by Monitoring Officer resolution.

The Monitoring Officer (MO) informed the committee of an email she had received from Councillor Sinclair on 28 January 2025 highlighting his intention not to attend the hearing and his continued beliefs that the MO was working out of her jurisdiction as the events had nothing to do with Ledbury Town Council.

The MO introduced her report, the following principal points were noted.

• The Council received a complaint on the 25th of September 2024 where
  Councillor Ewan Sinclair, had failed to comply with the Code of Conduct of Ledbury Town Council.
• At initial assessment, the MO considered that formal investigation was needed to enable her to consider the complaint fully. The formal investigation was completed by the Senior Governance Lawyer.
• It was noted that the legal adviser, Mr Davies was in attendance as permitted by delegation in accordance with the Council's arrangements for dealing with code of conduct complaints, this delegation was appropriate since Councillor Sinclair had been highly critical of her judgement and decisions and wished to avoid any appearance of being conflicted.
• Councillor Sinclair's expressed views in the case had been noted
  including his expressed intention that he would not offer an apology.
• The MO was also mindful that this was the third occasion that Councillor Sinclair had been found to be in breach of the Code of Conduct since being co-opted to Ledbury Town Council in 2021.
• The MO agreed with the investigator’s findings, which included breaches of the Code of Conduct by Councillor Sinclair. She did not think the matter was suitable for resolution under her delegated authority other than referral to the Standards Panel and in reaching this decision she had consulted with two of the Council's Independent Persons, who agreed.

The Senior Governance Lawyer (SGL) introduced her findings report, the following principal points were noted.

In coming to her opinion, the SGL used the evidence that was presented in the form of; the written complaint, supporting statements / evidence, interviews, the Subject Member’s and Complainant’s responses, the jurisdictional test and if jurisdiction was permitted, she considered from her findings if there had been a breach of the Code of conduct.

• In relation to the incident on 17 September 2024, after careful consideration of the law and guidance, she found that Councillor Sinclair was not acting in his capacity as a councillor and concluded that the Council had no jurisdiction to consider this part of the complaint.
• With regards to the email from Councillor Sinclair to seventeen recipients on 19 September 2024 she found Councillor Sinclair to be in breach of the code of conduct in terms of paragraphs; 1.1 I treat other councillors and members of the public with respect; 4.1 I do not disclose information which I believe or ought responsibly to be aware of, is of a confidential nature; and 5.1 I do not bring my role or local authority into disrepute. 
• Concerning Councillor Sinclair’s email to the Police on 20 September 2024 she found Councillor Sinclair to be in breach of  ...  view the full minutes text for item 6