CONSIDERATIONDECISION NOTICE

NO BREACH OF THE CODE HAS BEEN FOUND

Reference: / 30192
Complainant: / Mrs Linda Easy
Subject Member: / Councillor Jenkins, Grampound with Creed Parish Council
Person conducting
the Consideration: / Simon Mansell, Principal Legal Officer
Date of Consideration: / 20 May 2013

Summary of the allegations considered

The Complainant believes that Councillor Jenkins has breached the Code of Conduct for Grampound with Creed Parish Council by the following actions:

  • That at the Parish Council meeting on 16 February 2012 Councillor Jenkins appears to be asking questions on behalf of the Planning Applicant who was sat behind Councillor Jenkins at the meeting.
  • That during this meeting, Councillor Jenkins was whispering to the Applicant
  • On leaving the meeting the Applicant tapped Councillor Jenkins on the back and Councillor Jenkins said he would see him later in the pub for a curry

Decision

No breach of the Code of Conduct.

Reasons for the Decision

In reaching the decision I have had full regard to the Investigation Report and its associated appendices, and the views of the Independent Person. I have received no response to the final Investigation Report and my letters from either the Complainant or Councillor Jenkins.

In considering Councillor Jenkins’ conduct at the meeting, Councillor Jenkins has stated that he was tapped on the shoulder by the Applicant during the meeting and that the Applicant did attempt to speak to him on several occasions. Councillor Jenkins has confirmed that while he voted in support of the application, he did this on his own merit and he believes that Mr Jones, the Applicant in this matter, may have been tapping him on the shoulder as he saw him sympathetic to the application. Further, Councillor Jenkins has stated in his response, which was included in the Investigation Report, that he saw the Applicant’s interference as unnecessary and behaviour that was not acceptable for the meeting and that he may have talked to him to say ‘Please don’t’ or spoke to say ‘Can you desist from this matter while the meeting is underway’.

In regards to the allegation that Councillor Jenkins said to the Applicant that he would meet him in the pub for a curry after the meeting; Councillor Jenkins had clearly said that he had prior arrangements to meet up for a family meal and that rather than say I will meet you for a curry afterwards, said that ‘I am going to the Dolphin for a curry’.It was therefore considered that the Complainant in this matter has misheard the statement which was made by Councillor Jenkins to the Applicant.

Given the facts that are set out in the Investigation Report it is considered on the balance of probabilities and taking a reasonable view of the facts; that Councillor Jenkins did not breach Paragraph 5 of the Code of Conduct for Grampound with Creed Parish Council by conducting himself in a manner which could reasonably be regarded as bringing your office or authority into disrepute and that Councillor Jenkins did not breach Paragraph 6(a) of the Code of Conduct for Grampound with Creed Parish Council by using his position as a member improperly to confer on or secure for himself or any other person an advantage or disadvantage.

It should be noted that in conducting the consideration of this matterthe paragraphs referenced refer to the previous Statutory Code of Conduct which was in place at the time of the allegations and has since been superseded following a change to the Ethical Standards Regime on the 1 July 2012

What happens now?

This decision notice is sent to the Complainant, the member against whom the allegation has been made and the Clerk to Grampound with Creed Parish Council.

Additional help

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We can also help if English is not your first language.

SJR Mansell MBE

Principal Legal Officer

On behalf of the Monitoring Officer

Date:21 May 2013