Issue - decisions

We have carefully considered the evidence and the submissions made to us today.  We have considered the four points made to us by Mr Kenyon.  We find that Cllr Ellis was acting in her capacity as a Town Councillor on 28 November 2019; we find that the Haslemere South Residents Association was a group who aim to campaign and influence public opinion and policy; we find that Cllr Ellis was a member of the Haslemere South Residents Association, as she gave evidence of today, and we further find that the Neighbourhood Plan settlement boundary was highly relevant to Haslemere Town Council meeting on 28 November 2019.

Therefore, having studied the Register of Interests form, we find that Cllr Ellis failed to adequately register her membership of the Haslemere South Residents Association and breached paragraph 5(5) of the Haslemere Town Council Code of Conduct that requires registration of non-pecuniary interests.

We find that by failing to disclose her membership of the HSRA at the 28 November 2019 meeting, Cllr Ellis breached the said code.

We further find that by failing to declare that interest and failing to exclude herself from consideration of item 109/19 (the Neighbourhood Plan) by withdrawing from the Chamber, Cllr Ellis breached paragraphs 5(1), 6(4) and 6(5) of the Haslemere Town Council Code of Conduct. 

This is the unanimous decision of the Panel.

NOTE: 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.

If Cllr Ellis 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.

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.