Agenda and minutes

Conduct Committee - Thursday, 16th March, 2023 10.30 am

Members of the public are welcome to attend our meetings to watch them in person at any of the venues across the County. Publicly accessible meetings held in County Hall will be webcast, which means they are available to be watched live or recorded on our website. Please see our webcasting notice here. The Committee may, in certain circumstances, resolve to hold part of the meeting in private. If this is the case, you will be required to leave the meeting.

Venue: Committee Room 'C' - The Duke of Lancaster Room, County Hall, Preston. View directions

Contact: Hannah Race 

Items
No. Item

County Councillor David O'Toole replaced County Councillor Alan Vincent at this meeting.

1.

Apologies

Minutes:

None.

2.

Constitution, Membership and Terms of Reference pdf icon PDF 246 KB

Additional documents:

Minutes:

The committee considered a report which set out its membership, Chairmanship and Terms of Reference for the 2022/23 municipal year.

 

Resolved: That the following be noted:

 

i)  The appointment of County Councillor A Vincent as Chair and County Councillor P Buckley as Deputy Chair of the Conduct Committee for the 2022/23 municipal year;

 

ii)  The membership of the Conduct Committee, following the county council's Annual Meeting held 26 May 2022; and

 

iii)  The Conduct Committee Terms of Reference.

3.

Disclosure of Pecuniary and Non-Pecuniary Interests

Members are asked to consider any pecuniary and non-pecuniary interests they may have to disclose to the meeting in relation to matters under consideration on the agenda.

Minutes:

None.

4.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.  Wherever possible, the Chief Executive should be given advance warning of any member’s intention to raise a matter under this heading.

Minutes:

None.

5.

Date of Next Meeting

The date of the next meeting is to be confirmed.

Minutes:

It was noted that the date of the next meeting of the Conduct Committee was to be confirmed.

6.

Exclusion of Press and Public

The committee is asked to consider whether, under Section 100A(4) of the Local Government Act, 1972, it considers that the public should be excluded from the meeting during consideration of the following items of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 12A to the Local Government Act, 1972, as indicated against the heading to the item.

Minutes:

Resolved: That the press and members of the public be excluded from the meeting during consideration of the following items of business on the grounds that there would be a likely disclosure of exempt information, as defined in the appropriate paragraph of Part I of Schedule 12A to the Local Government Act 1972.

 

It was considered that in all the circumstances, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

7.

Complaint Against a County Councillor: Report of the Monitoring Officer

(Not for Publication – Exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act, 1972.  It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interests in disclosing the information).

Minutes:

(Not for Publication - Exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act, 1972. It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.)

 

Laura Sales, Director of Corporate Services (Monitoring Officer) presented a private and confidential report which detailed the investigation into a complaint received against County Councillor Alan Hosker under the Code of Conduct.

 

The committee considered the report of the Monitoring Officer, the view of County Councillor Alan Hosker, and the view of the Independent Person.

 

Following consideration of those views, it was:

 

Resolved: That, having regard to the view of the Independent Person,

 

i)  County Councillor Alan Hosker breached the Code of Conduct during his interactions with members of the complainant staff on 11 August 2022, specifically the following provision:

 

"You must always treat people with respect, including the organisations and public you engage with and those you work alongside;"

 

ii)  County Councillor Alan Hosker further breached the Code of Conduct in his response to the investigation of the Monitoring Officer into the complaint, specifically the following provision:

 

"You must cooperate with any Code of Conduct investigation and/or determination;"

 

iii)  County Councillor Alan Hosker be required to provide a written apology to the complainant by 1 June 2023; and

 

iv)  County Councillor Alan Hosker be required to provide a written apology to the Monitoring Officer by 1 June 2023.