Agenda, decisions and minutes

To appoint a member to chair the meeting.

Resolved:  That Cllr Rawlings be appointed as Chair of the meeting.

At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.

Members were asked to declare any personal interests not included on the Register of Interests, or any prejudicial interests or disclosable pecuniary interests which they might have in respect of business on the agenda. 

In the interests of transparency, Cllr Rowley mentioned in relation to Agenda Item 4 (Code of Conduct Complaint Received in Respect of a City of York Councillor) that he was the Ward Member for Dunnington and was a member of the committee to which the complaint related.

To consider excluding the public and press from the meeting during consideration of the private reports at Agenda Item 4 (Code of Conduct Complaint Received in Respect of a City of York Councillor) and Agenda Item 5 (Code of Conduct Complaint Received in Respect of 3 City of York Councillors), on the grounds that they contain information relating to individuals.  This information is classed as exempt under paragraph 1 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006.

Resolved:  That the press and public be excluded from the meeting during consideration of the private reports at Agenda Items 4 (Code of Conduct Complaint received in respect of a City of York Councillor) and 5 (Code of Conduct Complaint received in respect of 3 City of York Councillors), on the grounds that they contain information relating to individuals, which is classed as exempt under paragraph 1 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006.

To consider a Code of Conduct complaint received in respect of a City of York Councillor, and to determine next steps.

Note: the private report referred to in Agenda Item 3 above follows the public report on this item.

Joint Standards Committee -  Assessment Sub-Committee

Tuesday 9 August 2022

Decision Notice

Attendance

Members of the Assessment Sub-Committee:

Cllr S Rawlings (Parish Councillor and Vice Chair of the Joint Standards Committee) – Chair

Cllr M Rowley

Cllr J Galvin

Background

The Assessment Sub-Committee was constituted in accordance with procedures approved by the City of York Council Joint Standards Committee to consider a complaint in relation to the conduct of a City of York Councillor.

The Assessment Sub-Committee met on 13^th January 2022, to consider a complaint in respect of a City of York Councillor.  On that occasion, the Assessment Sub Committee determined that the complaint should progress to an investigation and the Deputy Monitoring Officer appointed an External Investigating Officer in accordance with the Committee’s decision.

On 9^th August 2022, the draft report prepared by the External Investigating Officer was considered by the Assessment Sub Committee.

The External Investigating Officer concluded that the Councillor did not breach the Code of Conduct.

Decision

The Assessment Sub-Committee considered the External Investigating Officer’s report and determined that the draft investigating officer’s report was complete and the finding of no breach of the Code of Conduct was accepted, on the basis that the behaviour complained of did not constitute a breach of the Code.

The decision of the Assessment Sub-Committee is final and there is no right of appeal.

The decision of the Assessments Sub-Committee will be reported to the Joint Standards Committee at their next meeting.

Councillor S Rawlings

Councillor M Rowley

Councillor J Galvin

Members considered a report which presented the draft report of the Investigating Officer regarding a Code of Conduct complaint made in respect of a City of York Councillor.  Full details were provided in an exempt report, to which the draft was attached as an annex.

Members were invited to consider whether to:

1)   Rule that the draft report was incomplete and that further investigation was required;

2)   Rule that the draft report was complete, accept the finding contained in it, and determine the next steps; or

3)   Rule that the draft report was complete but not accept the finding contained in it.

Prior to moving to private session, the Chair exercised his discretion to allow submissions to be heard from the Complainant and then the Subject Member in respect of the complaint.

Discussion took place in private session, in accordance with the resolution in Minute 31 above.

Having considered the information provided, and taking into account the comments of the Independent Person at the meeting, it was

Resolved:  That Option B be approved and no further action be taken.

Reason:     The Sub-Committee agrees with the findings in the Investigating Officer’s report.

To consider a Code of Conduct complaint received in respect of 3 City of York Councillors, and to determine next steps.

Note: the private report referred to in Agenda Item 3 above follows the public report on this item.

Joint Standards Committee -  Assessment Sub-Committee

Tuesday 9 August 2022

Decision Notice – Subject Member 1

Attendance

Members of the Assessment Sub-Committee:

Cllr S Rawlings (Parish Councillor and Vice Chair of the Joint Standards Committee) – Chair

Cllr M Rowley

Cllr M Pavlovic

Background

The Assessment Sub-Committee was constituted in accordance with procedures approved by the City of York Council Joint Standards Committee to consider a complaint in relation to the conduct of a City of York Councillor.

The Assessment Sub-Committee met on 9 December 2021, to consider a complaint in respect of a City of York Councillor.  On that occasion, the Assessment Sub Committee determined that the complaint should progress to an investigation and the Monitoring Officer appointed an External Investigating Officer in accordance with the Committee’s decision.

On 9 August 2022, the draft report prepared by the External Investigating Officer was considered by the Assessment Sub Committee.

The External Investigating Officer concluded that the Councillor (Subject Member 1) did not breach the Code of Conduct as there was no direct evidence to support the alleged behaviour referenced in the complaint.

Decision

The Assessment Sub-Committee considered the External Investigating Officer’s report and determined that the draft investigating officer’s report was complete and the finding of no breach of the Code of Conduct was  accepted, on the basis that there was a lack of direct evidence to support the allegations within the complaint.

The decision of the Assessment Sub-Committee is final and there is no right of appeal.

The decision of the Assessments Sub-Committee will be reported to the Joint Standards Committee at their next meeting.

Councillor S Rawlings

Councillor M Rowley

Councillor M Pavlovic

Joint Standards Committee -  Assessment Sub-Committee

Tuesday 9 August 2022

Decision Notice – Subject Members 2 and 3

Attendance

Members of the Assessment Sub-Committee:

Cllr S Rawlings (Parish Councillor and Vice Chair of the Joint Standards Committee) – Chair

Cllr M Rowley

Cllr M Pavlovic

Background

The Assessment Sub-Committee was constituted in accordance with procedures approved by the City of York Council Joint Standards Committee to consider a complaint in relation to the conduct of two City of York Councillors.

The Assessment Sub-Committee met on 9^th December 2021, to consider a complaint in respect of two  City of York Councillors.  On that occasion, the Assessment Sub Committee determined that the complaint should progress to an investigation and the Monitoring Officer appointed an External Investigating Officer in accordance with the Committee’s decision.

On 9^th August 2022, the draft report prepared by the External Investigating Officer was considered by the Assessment Sub Committee.

The External Investigating Officer concluded that in his opinion the two City of York Councillors did breach the Code of Conduct. 

The Assessment Sub Committee were of the opinion that there may be a potential breach of the Code of Conduct and on that basis has listed the complaint for a hearing so as to enable the two City of York Councillors to attend and share their views  ...  view the full decision text for item 5.

Members considered a report which presented the draft report of the Investigating Officer regarding a Code of Conduct complaint made in respect of 3 City of York Councillors.  Full details were provided in an exempt report, to which the draft was attached as an annex.

Members were invited to consider whether to:

1)   Rule that the draft report was incomplete and that further investigation was required;

2)   Rule that the draft report was complete, accept the findings contained in it, and determine the next steps; or

3)   Rule that the draft report was complete but not accept the findings contained in it.

Discussion took place in private session, in accordance with the resolution in Minute 31 above.

Note: The Sub-Committee’s decisions in respect of each Subject Member can be found in the Decision Notices published alongside these minutes.