ASSESSMENT DECISION NOTICE
NO BREACH OF THE CODE
Reference: CCN 014/12
Complainant:Mr Cracknell
Subject Member:Councillor Choak, Falmouth Town Council
Person conducting
the Assessment:Simon Mansell
Date of Assessment :19 October 2012
Summary of the Complaint
At a meeting to allow the development of Cambletown Car Park in Falmouth Councillor Choak should have declared an interest as he knows the Applicant. Members had made their decision before they attended the meeting and the complainant has also raised concerns about the conduct of the meeting.
Decision
The Monitoring Officer makes no finding as to whether there has been a breach of the Code of Conduct and take no further action.
Reasons for the Decision
Insufficient information has been supplied by the Complainant to demonstrate that a close association exists between Councillor Choak and the Applicant.
Note
While the comments made regarding the conduct of the meeting and potential pre-determination of Councillors concerned is noted, as these matter fall outside both the remit of Cornwall Council and the Code of Conduct, they have not been considered further.
What happens now?
This decision notice is sent to the complainant, the member against whom the allegation has been made and the Clerk to Falmouth Town 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. A different Sub-Committee to that involved in the original decision will undertake the review.
We must receive a written request from the complainant to review this decision within 28 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
If you need additional support in relation to this or future contact with us, please let us know as soon as possible. If you have difficulty reading this notice we can make reasonable adjustments to assist you, in line with the requirements of the Disability Discrimination Act 2000.
We can also help if English is not your first language.
SJR Mansell MBE
Principal Legal Officer
On behalf of the Monitoring Officer
Date: 29 October 2012