Agenda and minutes

Venue: The Council Chamber, Town Hall, St Owen's Street, Hereford

Contact: Pete Martens, Members Services, Tel 01432 260248  e-mail:  pmartens@herefordshire.gov.uk

Items
No. Item

18.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

There were no apologies for absence.  

19.

MINUTES pdf icon PDF 59 KB

To approve and sign the minutes of the meeting held on 8 July 2005. 

Minutes:

RESOLVED:   that the minutes of the meeting held on 08 July 2005 be approved as a correct record and signed by the Chairman.  

20.

DECLARATIONS OF INTEREST

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

Minutes:

There were no declarations of interest made. 

21.

CASE SUMMARY - COUNCILLOR JOHN LANE OF BROMYARD AND WINSLOW TOWN COUNCIL pdf icon PDF 55 KB

To receive a summary of the case. 

Minutes:

The Committee received a case summary in respect of Councillor John Lane of Bromyard and Winslow Town Council. 

22.

HEARING INTO REPORT OF AN INVESTIGATION UNDER SECTION 66 AND SECTION 82 A OF THE LOCAL GOVERNMENT ACT 2000 AS AMENDED pdf icon PDF 17 KB

To consider an investigation under Section 66 and 82A of the Local Government Act 2000 by Marie Rosenthal, Monitoring Officer, into an allegation concerning Councillor John Lane, a member of Bromyard and Winslow Town Council, with supporting documents [documents 1-9 enclosed separately]

 

Note - In the opinion of the Proper Officer, it may be necessary to exclude the public and the press for part of the above item at the time it is considered if it becomes necessary to disclose information relating to the financial or business affairs of a particular person (other than the Council).  If this becomes necessary, the Committee will be recommended under Section 100(a)(4) of the Local Government Act 1972 to exclude the public from that part of the meeting on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(a) of the Act and confidential information as defined in the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 and 2004.

Minutes:

The Committee considered details of an investigation into an allegation against Councillor John Lane of Bromyard and Winslow Town Council under Sections 66 and 82A of the Local Government Act 2000 as amended, which had been undertaken by Louise Whitesman, Assistant Solicitor of Herefordshire Council. 

23.

DECISION - COUNCILLOR JOHN LANE OF BROMYARD AND WINSLOW TOWN COUNCIL

Minutes:

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:

 

SBE CASE NUMBER(S)

SBE10938.05

MEMBER

Councillor John Lane

AUTHORITY

Bromyard and Winslow Town Council

SUMMARY OF ALLEGATION

It is alleged that Councillor Lane breached the Code of Conduct on 18 April 2005 by failing to declare a personal interest.

DATE OF STANDARDS COMMITTEE HEARING

Tuesday 26 July 2005

STANDARDS COMMITTEE
PANEL MEMBERS

Mr Robert Rogers (Independent Member) (Chairman), Mr Richard Gething (Parish Council Representative), Mr John Hardwick (Parish Council Representative), Mr David Stevens (Independent Member), Councillor John Stone (Herefordshire Council)

 

DECISION

 

We have carefully considered the evidence and submissions presented before us today.  We find that on 18 April 2005, Councillor John Lane breached paragraph 8 of the Town Council’s Code of Conduct which requires that a Councillor with a personal interest in a matter who attends a meeting of the council at which the matter is considered must disclose at that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

We have accepted Councillor Lane’s apology made this morning on the public record and in these circumstances we do not impose any further penalty.

Our recommendation to Bromyard and Winslow Town Council is that in view of the importance which we attach to training for Councillors on the Code of Conduct, the training planned by the Council for 1 October 2005 should be attended by all Town Councillors, not only those new to the Council.  Training should also involve the Herefordshire Association of Local Councils and Herefordshire Council’s Monitoring Officer.  We have asked for a report on which Councillors attend this event and what arrangements are being made for any absentees to receive training and in what time scale. 

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

 

 

 

 

Standards Committee

Herefordshire Council

Brockington

35 Hafod Road, Hereford

Date: 26 July 2005

Ref: MR/CSS/SBE0502

24.

CASE SUMMARY - COUNCILLOR ALBERT HUSSEY OF KINGTON TOWN COUNCIL pdf icon PDF 56 KB

To consider a summary of the case. 

Minutes:

The Committee received a case summary in respect of Councillor Albert Hussey of Kington Town Council. 

25.

HEARING REPORT OF AN INVESTIGATION UNDER SECTION 66 AND SECTION 82 A OF THE LOCAL GOVERNMENT ACT 2000 AS AMENDED pdf icon PDF 24 KB

To consider an investigation under Section 113 of the Local Government Act 2003 and Section 82a of the Local Government Act 2000.

To consider an investigation under Section 66 and 82A of the Local Government Act 2000 by Marie Rosenthal, Monitoring Officer, into an allegation concerning Councillor Albert Hussey, a member of Kington Town Council, with supporting documents [documents 1 - 13 enclosed separately]

 

Note - In the opinion of the Proper Officer, it may be necessary to exclude the public and the press for part of the above item at the time it is considered if it becomes necessary to disclose information relating to the financial or business affairs of a particular person (other than the Council).  If this becomes necessary, the Committee will be recommended under Section 100(a)(4) of the Local Government Act 1972 to exclude the public from that part of the meeting on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(a) of the Act and confidential information as defined in the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 and 2004.

Minutes:

The Committee considered details of an investigation into an allegation against Councillor Albert Hussey of Kington Town Council under Sections 66 and 82A of the Local Government Act 2000 as amended, which had been undertaken by Kevin O’Keefe, Legal Practice Manager of Herefordshire Council. 

26.

DECISION - COUNCILLOR ALBERT HUSSEY OF KINGTON TOWN COUNCIL

Minutes:

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:

 

SBE CASE NUMBER(S)

SBE10294.05

MEMBER

Councillor Albert Hussey

AUTHORITY

Kington Town Council

SUMMARY OF ALLEGATION

It is alleged that Councillor Hussey breached the Code of Conduct:

·         on 17 May 2004 failing to declare a personal interest; and

·         inappropriately seeking to influence the Town Council’s consideration of a matter.

DATE OF STANDARDS COMMITTEE HEARING

Tuesday 26 July 2005

STANDARDS COMMITTEE
PANEL MEMBERS

Mr Robert Rogers (Independent Member) (Chairman), Mr Richard Gething (Parish Council Representative), Mr John Hardwick (Parish Council Representative), Mr David Stevens (Independent Member), Councillor John Stone (Herefordshire Council)

 

DECISION

 

We have carefully considered the evidence and submissions presented before us today.  We find that on 17 May 2004, Councillor Albert Hussey breached paragraph 8 of the Town Council’s Code of Conduct which requires a Councillor with a personal interest in a matter who attends a meeting of the council at which the matter is considered to disclose the existence and nature of that interest.

We also find that on 10 February 2005, Councillor Albert Hussey breached paragraph 10(b) of the Code of Conduct which requires Councillors not to seek improperly to influence a decision about a matter in which they have an interest.

We censure Councillor Hussey for the breaches of the Code of Conduct and require him to undertake training on the Code at the first feasible opportunity to be identified by the Herefordshire Association of Local Councils. 

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

 

 

 

 

 

Standards Committee

Herefordshire Council

Brockington

35 Hafod Road, Hereford

Date: 26 July 2005

Ref: MR/CSS/SBE0501