REVIEWDECISION NOTICE

NO BREACH OF THE CODE

Reference: / CCN008/12(iii)
Complainant: / Mr Stefan Szoka
Subject Member: / Councillor Mike Burden, Mylor and Flushing Parish Council
Person conducting
the Review: / Matthew Stokes, Corporate Governance, Property and Commercial Group Manager (Legal)
Date of Review: / 18 January 2013

Complaint

On 18 January 2013the Monitoring Officer considered a request to review the complaint fromMr Stefan Szoka concerning the alleged conduct ofCouncillor Burdenof Mylor and Flushing Parish Council. A general summary of the complaint is set out below:

It is allegedthat in relation to the provision of double yellow lines in Penarrow Road, Mylor and by related comments made by the subject member the subject member has:

  • failed to treat others with respect
  • caused the Council to breach equality laws
  • bullied or intimidated others
  • prevented someone from getting information to which they are entitled by law
  • brought their office or authority into disrepute
  • improperly used their position to confer an advantage or disadvantage on themselves or another

Decision

That Councillor Burden has not, in relation to the allegations made by the complainant, breached the Code of Conduct and in particular that he has not:

  • failed to treat others with respect
  • caused the Council to breach equality laws
  • bullied or intimidated others
  • prevented someone from getting information to which they are entitled by law
  • brought their office or authority into disrepute
  • improperly used their position to confer an advantage or disadvantage on themselves or another

Reasons for the Decision

In reaching this decision I have had regard to all of the relevant information available to me, albeit the matter has not been formally investigated. Sufficient information has been provided to negate the need for an investigation in order to determine the complaint. I am also mindful of how emotive the issue of the double yellow lines the subject of the complaint has clearly been.

Decisions made by local authorities and those who are Members of them are often unpopular. However, having considered the information available to me I am of the view that the subject member’s involvement in the decisions in question and the related conduct of the subject member fall short of giving rise to any breaches of the Code of Conduct.

Whilst the installation of the double yellow lines may have an adverse practical impact on some members of the community and whilst the subject member has responded to representations and questions on the issue, I do not consider that the subject member’s conduct can reasonably be considered to amount to failure to treat others with respect, having caused the Council to breach equality laws or bullying or intimidation.

Further, nothing has been provided to demonstrate that the subject member has deliberately or otherwise prevented anyone from accessing information to which they are entitled by law. Where applicable, councils should follow the prescribed procedures relating to requests for information and those responsibilities ordinarily fall to council staff. Whilst it appears that requests for information might have been dealt with more expediently, where not dealt with appropriately at the earliest opportunity, there is nothing before me that demonstrates that there has been any improper conduct on the part of the subject member in this regard.

I have not seen anything to suggest that the correct democratic procedures have not been followed and, indeed there is support demonstrated for the double yellow lines by both the police and fire service, and having regard to that and the other information available it is not reasonable to come to a conclusion other than that there has not been a breach of the Code of Conduct.

One of the alternative options available to me was to come to the conclusion that it was not possible to make a finding as to whether there had been a breach of the Code of Conduct. Given the amount of relevant information available to me I am firmly of the view that such a decision would have been inappropriate and that the decision set out above is the correct decision for the reasons stated.

I am also mindful of the fact that a complaint under the Code of Conduct could not have achieved an outcome that resulted in delaying the implementation of the decision to install double yellow lines or to cause that decision to be reversed. The correct approach for that would have been to proceed by way of Judicial Review.

What happens now?

This decision notice is sent to the complainant, the member against whom the allegation has been made and the Clerk to Mylor and Flushing Parish Council.

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.

Matthew Stokes

Corporate Governance, Property and Commercial Group Manager (Legal)

On behalf of the Monitoring Officer

Date:22 January 2013