ASSESSMENT DECISION NOTICE
REFERRAL FOR INVESTIGATION
Reference: / CCN042/13Complainant: / Newlyn Pier and Harbour Commissioners
Subject Member: / Councillor Thomas-Lambourn
Person conducting
the Assessment: / Simon Mansell – Principal Legal Officer, Corporate Governance
Date of Assessment: / 13 December 2013
Important – this decision notice should not be taken that a finding or acceptance of a breach of the Code of Conduct has been found at assessment. It represents the view that a breach of the Code of Conduct would be found if the allegations contained within the complaint were proved. Whether there has or has not been a breach of the Code of Conduct can only be established following the conclusion of the investigation process.
Complaint
On 13 December 2013the Monitoring Officer considered a complaint from Newlyn Pier and Harbour Commissionersconcerning the alleged conduct of Councillor Mrs Thomas-Lambourn of Penzance Town Council. A general summary of the complaint is set out below:
The Complainant has alleged that Councillor Thomas-Lambourn has, by disregarding the governance arrangements placed upon the Advisory Body to the Newlyn Pier and Harbour Commissioners and having acted against advice given to her; conducted herself in a manner which does not promote and maintain the high standards of conduct required as an elected member.
Potential breaches of the Code of Conduct are;
- failure to treat others with respect
- conducting yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute
Decision
This matter is to be referred for investigation.
Reasons for the Decision
Insufficient information has been obtained to enable this complaint to be assessed and determined without the need to refer the complaint for investigation and the undertaking of interviews.
In assessing this complaint I have had regard to;
- the complaint as submitted by the Complainant;
- the response to the complaint submitted by Councillor Thomas-Lambourn;
- confirmation from the Clerk to Penzance Town Council concerning the appointment of Councillor Thomas-Lambourn to the Advisory Body; and
- the views of the Independent Person assigned to this matter.
Councillor Thomas-Lambourn (the Subject Member) has, within her response, made several assertions concerning the conduct of other people. This assessment and investigation only looks at the conduct of the Subject Member and considers if, on the balance of probabilities, it is more likely than not that the Code has been breached. If the Subject Member has concerns regarding the way others may have acted in this matter, she will need to raise this as a separate matter with the appropriate body.
In a similar manner the Complainant has raised, as a large part of the substance of the compliant, issues relating to the Governance arrangements of the Advisory Body. While Cornwall Council will look at the governance arrangements in relation to the complaint as made, it will not pass further comment on them.
The Subject Member has started her response to the allegations that have been made against her by saying that Cornwall Council does not have the jurisdiction to investigate this complaint.
If this matter is to be referred for investigation it has to be shown that the Code of Conduct applied to the Subject Member while they were acting as a member of the Advisory Body, and if so Cornwall Council has jurisdiction to investigate the allegation.
The Code of Conduct states at paragraphs 1.4 and 1.5 the following;
1.4Subject to paragraphs 1.5 and 1.6 of this Code you must comply with this Code whenever you:
(a)conduct the business of the Council, which in this Code includes the business of the office to which you have been elected or appointed; or
(b)act, hold yourself out as acting or conduct yourself in such a way that a third party could reasonably conclude that you are acting as a representative of the Council
and references to your official capacity are construed accordingly.
1.5Where you act as a representative of the Council:
(a)on another authority which has a Code of Conduct, you must, when acting for that other authority, comply with that other authority’s Code of Conduct; or
(b)on any other body, you must, when acting for that other body, comply with this Code of Conduct, except and insofar as it conflicts with any lawful obligations to which that other body may be subject.
Paragraph 1.6 then states;
1.6Where you are also a member of an authority other than the Council you must make sure that you comply with the relevant Code of Conduct depending on which role you are acting in. Your conduct may be subject to more than one Code of Conduct depending on the circumstances. Advice can be sought from the Monitoring Officer or one of his team.
The Clerk to Penzance Town Council has confirmed that the Subject Member was appointed to the Advisory Body at the annual meeting of the Council and therefore acts as the Council’s representative on this body.
The Code of Conduct applies to a member who acts as a representative of the Council on any other body (paragraph 1.5 )(b) above). As the Subject Member is appointed to the Advisory Body by the Town Council I am satisfied that the Code covered her actions in relation to her role as a member of this body.
It should be noted that the Subject Member is not only bound by the Code of Conduct for Penzance Town Council but in accordance with paragraph 1.6 of the Code she is also bound by any code of conduct that the Advisory Body may have in place. However, the administration of this code, if any, falls outside of Cornwall Council’s jurisdiction.
While I am satisfied that the Code of Conduct applies to the actions of the Subject Member in her role as a Council appointee to the Advisory Body; I am not able to determine at assessment if there has been a breach of the Code as the allegation as made, and the response submitted by the Subject Member, are highly contradictory.
As a result I consider that an investigation is needed in order to establish the facts of this matter. In referring this matter for investigation the investigating officer, when appointed, is to principally consider the extent to which the Subject Member should have know the rules governing the Advisory Body and, if the Subject Member failed to follow these rules, could her behaviour amount to a failure to treat the Harbour Commissioners with respect or could the actions be considered as bringing the Subject Member’s office, or her authority into disrepute.
Both the Subject Member and the Complainant will be able to make additional submissions to the investigating officer and it is envisaged that the investigating officer will be required to conduct interviews. However, while both the Subject member and the Complainant may put the names of people forward to interview, the person(s) selected for interview is to be at the sole discretion of the investigating officer.
What happens now?
This decision notice is sent to the complainants, the member against whom the allegation was made and the Clerk to Penzance Town Council.
An investigating officer will be appointed to investigate the complaint on behalf of the Monitoring Officer who will be in touch with you as soon as possible. In relation to the investigation process, please see the attached guidance.
Terms of reference
In line with the legislative requirements of the Localism Act 2001 the constitution of Cornwall Council charges the Standards Committee of Cornwall Council with promoting and implementing the local assessment process for Code of Conduct complaints against members of Cornwall Council as well as members of the Parish, Town and City Councils within the Council’s area.
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: 17 December 2013