Issue - meetings

To consider the report of the Monitoring Officer (copy enclosed).

Please note that whilst the Committee deliberates, the press and public will be excluded from the meeting.

In accordance with point 1 of the Hearing procedure all present were asked to introduce themselves.

The Committee considered the report of the Monitoring Officer advising the Committee of an investigation following complaints against former Councillor Duncan Rawlinson of Burnham-on-Crouch Town Council.

The report set out the three complaints for consideration by the Committee based on the evidence before them and the sanctions it could apply if it was determined that a breach of the Code of Conduct had occurred.

The Monitoring Officer presented the report and took the Committee through the procedure for complaints determination. She advised the Committee that Councillor Rawlinson, the subject of the complaint, had since resigned and was no longer a Councillor and therefore sanctions did not apply. It was noted that Mr Oram, the Independent Investigator from ch&I associates, who had carried out the investigation would present his report (Appendix 1 to the report). Prior to deferring to Mr Oram, Members were advised that once all reports, discussions and questions had been covered the Committee would deliberate in private.

Mr Oram advised that his colleague Mark Rawlinson was also present in case the Committee had any questions as he was the principal investigator He then took the Committee through the headline issues in his report covering the complaints. He drew Members’ attention to the summary and the findings of his investigation which had concluded that there were four allegations where they were recommending that Councillor Rawlinson had failed to have complied with. within the scope of the Code of Conduct (CoC).

In accordance with the Procedure, the Chairman invited Members of the Committee and the Independent Person to ask the Investigator, Mr Oram and the Monitoring Officer any questions.

Officers responded to several questions raised, drawing Members’ attention to specific points within the report, providing clarification and further information including:

·                Councillor Rawlinson had been asked to provide the investigators with a list of persons he wishes them to talk to or may have evidence for consideration, but this had not been forthcoming. Other Councillors had also been approached by the investigators, but no response received.

·                With regards to the use of private accounts on facebook, consideration had to be given to whether the subject matter directly related to council business.

·                The investigators had been able to listen to a recording of the meeting and therefore didn’t need to seek further witness evidence from Ms Payne.

·                Reference to ‘the Council’ on page 21 of the document pack should state the District Council.

The Chairman then invited the Independent Person to make any representations or give advice. Mr Mitchell advised that he supported the Investigators report, the weight given to various factors and felt there was no reason for the Committee to disagree with the report. He referred to a number of emails he had received regarding matters at Burnham-on-Crouch and suggested that the conclusions were defendable.

The Chairperson then moved onto Hearing Procedure Point 10 – press and public to be excluded so  ...  view the full minutes text for item 469