To receive apologies for absence.

Apologies were received from Councillor John Edwards and Councillor John Stone. 

To receive any declarations of interest by members in respect of items on the agenda.

Having given their apologies for the meeting, Councillor John Edwards and Councillor John Stone had also declared a prejudicial interest in SBE Complaint Nos. 17223.07 to 17229.07.  Neither member was present at any stage during the meeting. 

To determine whether or not to support the recommendation of the final investigation reports in respect of SBE Complaint Nos 17223.07 to 17229.07. 

The Committee agreed that consideration of the final investigation reports in respect of SBE Complaint Nos 17223.07 to 17229.07 would not be open to the public and press. 

RECOMMENDATION:that under section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the final investigation reports into SBE Complaint Numbers 17223.07 to 17229.07, on the grounds they involved the likely disclosure of exempt information as defined in Schedule 12(A) of the Act (specifically that they were subject to an obligation of confidentiality). 

To consider the final report of the investigation carried out in respect of SBE Complaint Nos 17223.07 to 17229.07, in accordance with S60 (2) of the Local Government Act 2000, into allegations that there have been breaches of the Code of Conduct. 

Wards: County Wide

This item discloses information which is subject to an obligation or confidentiality. 

The Committee considered details of investigations, under Section 60 (2) of the Local Government Act 2000, into allegations against the following Councillors:

• Councillor Mrs. P Andrews – SBE 17223.07
• Councillor Mrs. M. Bew – SBE 17224.07
• Councillor C. Chappell – SBE 17225.07
• Councillor Mrs. M. Lloyd-Hayes – SBE 17226.07
• Councillor R. Preece – SBE 17227.07
• Councillor W. Walling – SBE 17228.07
• Councillor A. Williams – SBE 17229.07

The investigations had been carried out by Mr. Kevin O’Keefe, Legal Practice Manager. 

Having considered the written evidence put forward in the investigation reports, the Committee made its decisions, which are summarised in the following Notices of Finding:

HEREFORDSHIRE COUNCIL STANDARDS COMMITTEE

Notice of Finding under Regulation 5 (9)(a) of the

Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I., 2003/1483)

         The Committee met on Friday 11th May 2007 to consider the Report of an Investigation relating to a complaint (SBE 17223.07) by Mr Mike Wilson (a Herefordshire Councillor at the time of making the complaint) against Councillor Mrs Paulina Andrews, a member of Herefordshire Council and also of Hereford City Council.

         The members of the Committee were Mr Robert Rogers (Independent Chair), Mr Richard Gething (Town and Parish Council Representative), Mr John Hardwick (Town and Parish Council Representative) and Mr David Stevens (Independent Member).

         The complainant had alleged that, at a meeting of Herefordshire Council’s Central Area Planning Sub-Committee on 13^th December 2006, Councillor Mrs Andrews should have declared a personal interest in respect of the Sub-Committee’s consideration of a planning application to build a number of houses at Holmer, Hereford, and a linked agreement to provide planning gain for the County, which included a developer contribution to a skateboard park nearby. 

         In support of this allegation, the complainant drew upon reports from The Hereford Times to show that Councillor Mrs. Andrews had been involved in lobbying for the skateboard project “for some considerable time”.

         The complainant had asserted that failure to declare an interest of which notice should be given under paragraph 14 and 15 of the Code of Conduct adopted by Herefordshire Council on 8^th March 2002 contravened paragraph 8 (1) of that Code.

         The complaint was referred to the Monitoring Officer by the Standards Board for England on 26th February 2007 for local investigation and determination. The investigation (under s60(2) of the Local Government Act 2000) was carried out by Kevin O’Keefe, solicitor, the Legal Practice Manager and Deputy Monitoring Officer of Herefordshire Council.

         The Report of the Investigating Officer found  that “the City Council is a publicly elected body whose membership is not secret.  I cannot see that mere membership of the City Council would give rise to Councillor Mrs Andrews needing to declare a personal interest or indeed any interest in the agenda item mentioned”.  The Investigating Officer found nothing to demonstrate the accuracy of the press reports relied upon by the complainant.

The Committee considered in detail the Report by the Investigating Officer and the 91 pages of supporting evidence.  The Committee found as follows:

1       We are required by law to decide whether, on the evidence before us, we accept the finding by the Investigating Officer of no failure to comply with the relevant provisions of the Code of Conduct.

2       We note that an item on the agenda of a meeting of the Hereford City Council of 20th June 2006 related to the proposed skateboard park at Holmer Road. This item was for information, being an update from the Council’s Clerk  ...  view the full minutes text for item 139.