Agenda and decisions

To elect a Chairman for the Panel.

To receive from Members declarations of interest in relation to any matters on the agenda for this meeting, in accordance with the Waverley Members’ Code of Conduct.

In line with paragraph 7.2 of Waverley’s Arrangements for dealing with Standards Allegations against Councillors and co-opted Members under the Localism Act 2011, to publish non-exempt meeting papers and make them available to the press and public. 

Panel members and other individuals invited to attend the Hearing have received the agenda papers in advance on a confidential basis. 

There are no exempt papers for this hearing.  A small number of redactions have been made where documentation included personal sensitive or contact information.  Where information has been redacted, this is noted in the papers.

Recommendation

That the non-exempt meeting papers be published and made available to the press and public.

The Chairman to make an opening statement on the procedure for the hearing.

This report relates to a complaint against a Waverley Borough Councillor, the Subject Member.

It sets out the process followed, the relevant codes and protocols, copies of the complaint received, the External Investigator’s report and statement received from the Independent Person.

The matter was referred to investigation following consultation with the Independent Person.

Today’s panel has been convened to consider the report from the External Investigator, to establish facts about this situation, and consider whether or not the Subject Member has failed to comply with the code and, if so, what action, if any, should be taken.

The Subject Member was invited to submit a written statement in advance of the hearing but did not submit a statement.

The Subject Member will be invited to comment on the complaint, the External Investigator’s report, and the statement of the Independent Person, and any other relevant documentation and correspondence and to give their view as the subject member in this case. They will also be asked to answer any questions put to them by or through the Chairman.

Recommendation

It is recommended that the Standards Panel:

i.              considers where or not the Subject Member has failed to comply with the Waverley Code of Conduct for Members; and

ii.            if they have, what further action should be taken, if any. 

The Panel must provide reasons for any decisions it takes.

The Panel will adjourn to consider whether the Subject Member has failed to comply with the Waverley Members’ Code of Conduct.

The Panel will reconvene and the Chairman will announce the Panel’s decision on whether the Subject member has failed to comply with the Waverley Members’ Code of Conduct.

If the Panel decides that the Subject member has failed to comply with the Code of Conduct, prior to adjourning to consider what action, if any, is needed, they will:

·         consult with the Independent Person, and

·         receive any further representations from the Subject Member.

In the event that the Panel decides that there has been a breach of the Code of Conduct, the Panel will adjourn to consider what further action, if any, is necessary.

The Panel will reconvene to confirm its decision and give its decision on what further action, if any, is to be taken.

The Panel heard evidence from the subject member (Cllr Jerry Hyman), the Monitoring Officer (Mr Robin Taylor), the External investigator (Mr Richard Lingard), and the Independent Person (Mr William Donnelly).

Cllr Hyman set out in detail his views on various issues.  The Chairman pointed out on a number of occasions that the issue for consideration was whether the manner in which Cllr Hyman conducted himself when challenging officers breached the Council’s Member Code of Conduct.  In the course of the hearing Cllr Hyman apologised for the words he had used which had led to the complaint.

The Panel considered all the facts of the complaint, the report of the External investigator and the verbal evidence of Cllr Hyman and it was the unanimous view of the Panel that Cllr Hyman had breached the Code of Conduct as set out in the External investigator’s report at paragraph 8.1.  The Panel noted the apology given verbally in the hearing by Cllr Hyman but felt that this did not absolve him of the breach.

The Panel considered what actions should be taken as a result of its findings that a breach of the Waverley Code of Conduct had occurred.  The Panel took into account the verbal apology received in the hearing.  Actions 8.1 and 8.2, as set out in the Council’s Arrangements for complaints against Members (the publication of the Council’s findings; and reporting those findings to the Council for information) would take place in any event.  The Panel did not recommend bespoke training as it was aware that Cllr Hyman had already received such training; and in any event all Councillors are provided with Standards training.  The Panel did not propose to take any further action.

The Panel resolved to:

i)             publish its findings in respect of Cllr Hyman’s conduct, in accordance with paragraph 8.1 of the Council’s Arrangements for Dealing with complaints against Members; and

ii)            report its findings to Council for information, in accordance with paragraph 8.2 of the Council’s Arrangements for dealing with complaints against Members.

NOTE: If Cllr Hyman 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.

If it is necessary during the hearing to consider any matter that will involve the likely disclosure of exempt information, the a Hearing Panel will be invited to consider passing the following recommendation on the motion of the Chairman:

Recommendation

That

a)    Pursuant to Procedure Rule 20, and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item(s on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during these items, there would be disclosure  to them of exempt information (as defined by Section 100I if the Act) of the description specified at the meeting in the revised Part 1 of Schedule 12A to the Local Government Act 1972; and,

b)    In all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.