To receive apologies for absence.

There were no apologies for absence.

To receive any declarations of interest by Members in respect of items on the Agenda.

There were no declarations of interest made at the meeting.

To consider the summary of the case.

EXCLUSION OF THE PUBLIC AND PRESS

In the opinion of the Proper Officer, the next item will not be, or is likely not to be, open to the public and press at the time it is considered.

RECOMMENDATION:
That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below.

This Committee heard an allegation against Councillor Ray Cooper, a member of Bromyard and Winslow Town Council, that he failed to comply with the Council’s Code of Conduct.

To conside an Investigation under Section 59 of the Local Government Act 2000 by Steven Kingston, Ethical Standards Officer.

This item discloses information relating to the financial or business affairs of a particular person (other than the Authority).

The public will be readmitted to the meeting for the following item.

The Committee considered details of an investigation into an allegation against Councillor Ray Cooper under section 59 of the Local Government Act 2000 which had been undertaken by Steven Kingston, an Ethical Standards Officer, together with the report of his findings.

To proceed with the hearing.

(A summary of the outcome is set out in the following report)

Having considered the written evidence put forward and all the evidence presented to it at the hearing, the Committee made its decision which is summarised in the following Decision Notice:

We have carefully considered the evidence and arguments presented before us today.  We find that on 22 July 2003 and on 29 July 2003 Councillor Ray Cooper breached paragraph 2(b) of the Council’s Code of Conduct which requires that members should treat others with respect.

We­ have taken into account the evidence of Councillor Dauncey that Councillor Cooper’s behaviour has improved beyond all recognition, and that both he and Councillor Briggs, the Mayor, have told us that he is now a very good councillor, and we have given weight to the fact that these are the two of the three complainants who are still on the council.

We have also had in mind the very lengthy period of time this matter has been outstanding.  But in view of the breach of paragraph 2(b) of the Code we have no alternative but to impose a penalty, which is one of censure.

Our recommendation to Bromyard and Winslow Town Council is that they proceed with the training for councillors mentioned in Councillor Briggs’s evidence this morning.  The Herefordshire Association of Local Councils and this Committee are ready to support that process.

We have significant concerns about the length of time this investigation took to be completed, and this and other procedural matters will be covered in our full decision.

Our Decision Notice will be made available today and will be posted on the Herefordshire Council’s website today.  Our full decision will be published as soon as possible.

Brockington

35 Hafod Road, Hereford

Date: 14 January 2005