Agenda item

This report presents the Standards Committee with the Independent Investigator’s report in relation to allegations that Councillor Paul Lorber breached the Code of Conduct. This independent report was commissioned by the Monitoring Officer in accordance with the decision of this Committee on 17 October 2013 that an investigation should take place.

The report from the Monitoring Officer presented the Standards Committee with the Independent Investigator’s report in relation to allegations that Councillor Paul Lorber breached the Code of Conduct. The independent report was commissioned by the Monitoring Officer in accordance with the decision of this Committee on 17 October 2013 that an investigation should take place.

Fiona Ledden (Monitoring Officer) advised that the report from the Independent Investigator came to the conclusion that Councillor Lorber had not breached the Code of Conduct in the email exchanges with Mr Smith of ACAVA during 8and 22 September 2013 over the use of Barham Park Buildings, Sudbury. It was now for members to consider the report, to decide whether or not to accept the findings and, whether or not there were any lessons the authority could learn.

Alex Oram (ch&I associates ltd), the Independent Investigator, was present at the meeting, summarised the material of facts of the case and outlined the reasoning as to whether there had been failure to comply with the Members’ Code of Conduct as set out in his report.  On balance, Mr Oram found that Councillor Lorber had not disclosed any confidential information and while his tone and choice of language may be cause for concern, it did not amount to disrespect.  It was felt that Councillor Lorber was acting as a community representative and had not sought to use his position improperly to confer advantage.

Members in discussion questioned the threshold to be applied in deciding the appropriateness of language. Mr Oram commented that he had taken into account the forum in which the discussion had taken place (ie within the council) and that it had not been directed to an individual but an organisation. Members agreed with the suggestion that given the responsibility elected representatives had to advocate on behalf of the community, consideration should be given to addressing self-awareness and accountability. Additionally, it was agreed that members should be provided with additional guidance on balancing outside interests, the potential for conflict of interest including the need to sign-off correspondence appropriately so as to be clear in what capacity correspondence was being written. Furthermore, it was agreed that members should be reminded of the need to be aware of the importance of tone and to be conscious of the recipient when communicating by email.

The committee agreed to accept the findings of the Independent Investigator and the recommendations in the Monitoring Officer’s report and thanked Alex Oram for his report which they considered to be well written and accessible. Members also thanked Fiona Ledden for her contribution.

The Monitoring Officer then invited specific comments on how the council could take forward any lessons learned.  On the Member Development Programme, it was felt that mechanisms should be in place to ensure members attended recommended training sessions. Also, that training provided should be more interactive to encourage councillors to attend and to bring about behavioural change both for experienced and recently elected members.

Alex Oram welcomed the inclusion of member training into the discussion and reiterated guidance on making the distinction between acting in private and in official capacities. He drew attention to the changes in disclosure of interests under the Code of Conduct required by the Localism Act 2011 which underlined the need for additional guidance and training. Members also agreed on the value of engaging and communicating with the public to increase awareness of expectations.

RESOLVED:

that having reviewed the report by Alex Oram, Independent Investigator, attached as Appendix 1 to the report from the Monitoring Officer, and taking into account the views of the Independent Person as set out at paragraph 3.6 to 3.8 of the report from the Monitoring Officer, that the conclusions of the Investigator’s report that during the exchanges with Mr Smith at ACAVA between 8 and 22 September 2013 Councillor Lorber did not breach the Members’ Code of Conduct, be accepted.