Decision details

PANEL DECISION ON WHETHER THE CODE OF CONDUCT HAS BEEN BREACHED

Decision Maker: The Standards Panel

Decision status: Recommendations approved

Is Key decision?: No

Is subject to call in?: No

Decision:

The Panel heard a written statement from the subject member (Cllr Nikki Barton) who was not present for the Panel meeting, evidence from the External investigator (Mr Melvin Kenyon), the former Borough Solicitor and Deputy Monitoring Officer (Mr Daniel Bainbridge) and the Independent Person (Ms Vivienne Cameron).

 

The Panel carefully considered all the evidence before it contained in the papers together with the written statement of Cllr Barton, read out in the meeting.  The conclusions of the Panel were unanimous, and the Panel resolved that:

 

  1. Councillor Barton at all relevant times was acting in an official capacity as a Councillor.
  2. Haslemere South Residents Association was a body where one of the principal purposes included the influence of public opinion or policy, in that for example they publicly declared and campaigned against development at Red Court.
  3. In view of the nature of the Haslemere South Residents Association, Cllr Barton should have entered this body in her formal Declaration of Interests with Haslemere Town Council.
  4. With regard to the meeting on 28 November 2019, when the Neighbourhood Plan was being discussed, Cllr Barton should have declared a non-pecuniary interest as the boundaries adjacent to Red Court were being discussed and decided upon.  The Panel takes the view that taking into account the provisions of paragraphs 6(4) and 6(5) of the Haslemere Code of Conduct, Cllr Barton should have left the meeting when the Red Court boundary was being discussed (i.e. item 109/19)

 

The Panel unanimously agreed with the conclusions of the External Investigator, Mr Melvin Kenyon.  This decision will be published by Waverley Borough Council and the Haslemere Town Council informed of the Panel’s findings so that they, Haslemere Town Council, can decide such action they consider appropriate.

 

NOTE: If Cllr Barton chooses, within 14 days, to appeal against the decision of the Standards Panel, the decision will be reviewed by another three members of the Standards and General Purposes Committee who have not been involved.

 

Publication date: 21/07/2022

Date of decision: 21/07/2022

Decided at meeting: 21/07/2022 - The Standards Panel