ASSESSMENT DECISION NOTICE
NO BREACH OF THE CODE
Reference: / CCN064/13Complainant: / Mr Gordon Scott
Subject Member: / Councillor Adrian Brown, Lewannick Parish Council
Person conducting
the Assessment: / Matthew Stokes, Corporate Governance, Property and Commercial Group Manager
Date of Assessment: / 27 April 2014
Complaint
On 27 April 2014 the Monitoring Officer considered a complaint from Mr Gordon Newberry concerning the alleged conduct of Councillor Adrian Brown of Lewannick Parish Council. A general summary of the complaint is set out below:
That the subject member has by his comments and behaviours in relation to his participation in a meeting of Lewannick Parish Council that considered a planning application from the complainant:
(i) conducted himself in a manner which is contrary to the Council’s duty to promote and maintain high standards of conduct;
(ii) improperly disclosed confidential information;
(iii) prevented other councillors from getting information to which they are entitled;
(iv) brought his Council and office into disrepute;
(v) improperly used his position to confer an advantage or disadvantage on himself or another;
(vi) improperly used the resources of the Parish Council
(vii) failed to give reasons for a decision;
(viii) failed to correctly register interests as set out in the Code of Conduct; and
(ix) failed to disclose a registered or registerable interest at a meeting.
Decision
No breach of the Code of Conduct of Lewannick Parish Council is demonstrated.
Reasons for the Decision
In reaching this decision I have had regard to the information provided by the complainant, the subject member and the views of the Independent Person.
Two initial points that I wish to dispose of are that:
(i) the code of conduct complaint process does not cover officers of Parish Councils. If the complainant wishes to pursue his discontent with the actions of the Clerk that should be done direct with the Parish Council; and
(ii) it is not appropriate for procedural issues which are not covered by the Code of Conduct to be addressed through this process, such as the confirmation of the minutes of the Parish Council meeting and when it is appropriate to act upon decisions made. Those matters can be raised direct with the Parish Council or the complainant can seek independent advice. In any event, the Parish Council is merely a consultee in relation to planning applications with Cornwall Council being the local planning authority empowered to determine such applications.
Whilst I can understand why the complainant and others may have a perception that there has been wrongdoing, and I am not accepting that there has been wrongdoing, there is nothing that I have seen that demonstrates any misconduct covered by any of the elements of the Code of Conduct that the complainant has identified or, indeed, any other elements of the Code. There is evidence of a formal meeting of the subject member’s Council having been held at which an application the complainant has an interest in did not receive support from the Parish Council as a consultee in the development control process. That does not give rise, per se, to a breach of the Code of Conduct.
The complaint suggests predetermination and bias. Whilst conduct that demonstrates predetermination and bias may give rise to issues under the code of conduct, the concepts of predetermination and bias are not themselves directly covered by the code and have not been considered further.
I do not consider there to be any compelling public interest reasons to refer this complaint for investigation, particularly as there appears on the evidence seen to be no breach and the planning application to which the complaint relates has now been refused by this Council, as local planning authority, with the reasons for refusal given. The complainant has the ability to challenge that decision and also to take proceedings against the Parish Council in relation to their handling of the application.
What happens now?
This decision notice is sent to the complainant, the member against whom the allegation has been made and the Clerk to Lewannick Parish Council.
Right of review
At the written request of the complainant, the Monitoring Officer can review and is able to change a decision not to refer an allegation for investigation or other action. To ensure impartiality in the conduct of the review different officers to those involved in the original decision will undertake the review.
We must receive a written request from the complainant to review this decision within 15 working days from the date of this notice, explaining in detail on what grounds the decision should be reviewed.
If we receive a request for a review, we will write to all the parties mentioned above, notifying them of the request to review the decision.
Additional help
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We can also help if English is not your first language.
Matthew Stokes
Corporate Governance, Property and Commercial Group Manager
On behalf of the Monitoring Officer
Date: 28 April 2014