In accordance with Section 100B (4) of the Local Government (Access to Information) Act 1985 as amended, the Chair and Members agreed to consider an additional item Case Reference No. MSC007/2012 as urgent business in view of impending changes to prevailing legislation.
The Sub-Committee considered a report of the Monitoring Officer in relation to an allegation that a Member had breached the Code of Conduct in respect of Case Reference MSC007/2012, on the grounds that the Councillor failed to treat the complainant with respect. A copy of the complaint was circulated at the meeting.
The Sub-Committee considered and answered the following initial tests:-
(a) was the complaint against one or more named Members of an authority for which the Standards Committee had responsibility?
(b) at the time of the alleged conduct, was the named Member in office and the Code of Conduct in force?
Having determined that the initial tests applied, Members were required to determine whether the complaint, if proven, would constitute a breach of the Councils Code of Conduct operating at the time of the alleged misconduct.
Members felt that the allegation could constitute a breach of the Code of Conduct.
ORDERED that having given full consideration to the evidence presented it was determined that the Monitoring Officer refer the complaint MSC007/2012 for local investigation.