Agenda and draft minutes

To select a Member to act as Chair of the meeting.

Councillor Nigel Knapton was duly elected as Chair.

There were none.

All Members are invited to declare at this point any interests they have in items appearing on this agenda, including the nature of those interests.

There were none.

Members are recommended to exclude the press and the public from the meeting during consideration of the following item. The report and its appendices contain exempt information as described in paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

NORTH YORKSHIRE COUNCIL

 

STANDARDS AND GOVERNANCE COMMITTEE

 

HEARINGS PANEL

 

20 August 2024

 

Consideration of Investigation Report regarding, and determination of, complaint NYC/SGC/2023/10

 

 

Summary of Decision 

 

On 20 August 2024 the Standards and Governance Committee Hearings Panel, in consultation with the Independent Person for Standards, considered a complaint by Councillor

Bryn Griffiths (“the Complainant”) that Councillor Tom Jones (“the subject Member”) may have failed to follow North Yorkshire Council’s Code of Conduct for Members:

 

Summary of Complaint

 

The Complainant submitted a written complaint email to the Monitoring Officer on 22 May 2023. The complaint arises out of the full Council meeting on 17 May 2023. The Complainant alleges that the during the vote on an item of business, the subject Member forcibly pushed down another councillor’s (X) hand when they were indicating their vote. The Complainant alleges that this is in breach of paragraphs 1,3 and 7 of North Yorkshire Council’s Code of Conduct for Members:

 

1. You must treat others with respect. 

 

3. You must not bully, intimidate or harass any person, or attempt to do so.

 

7. You must not conduct yourself in a manner which could reasonably be regarded as bringing the Council into disrepute, or your position as a Member into disrepute

 

The subject Member explained to the Monitoring Officer that during the vote there was “an episode of confusion” arising from the issue councillors were being asked to vote on. The subject Member, believing that the councillor concerned was mistakenly raising their hand in favour of a motion, “In a moment of youthful exuberance”, “lightly placed” his hand on the councillor’s arm, informing them that the group was not voting in favour of the matter. The councillor informed him that they were, and he then withdrew his hand to allow them to vote. The subject Member confirmed that a complaint was made by another councillor at the meeting and he subsequently apologised to the Council chamber at the start of the afternoon session and to the councillor concerned “which were both accepted”. 

 

Assessment

 

The complaint was assessed by the Monitoring Officer in consultation with the Independent Person for Standards on 28 July 2023, when it was concluded that the matter should be referred for investigation.

 

Investigation

 

An investigation was undertaken by North Yorkshire Council’s Internal Auditor, Veritau, and an Investigation Report was issued.

 

The Investigation Report found evidence of certain potential breaches of paragraphs 1, 3 and 7 of the Code by the subject Member, namely that: 

 

i.            Councillor Jones’ behaviour towards a fellow Councillor fell short of the courtesy described in the Code and constitutes a breach of paragraph 1 of the Code;

 

ii.           Councillor Jones’ behaviour in intervening during the other Councillor’s attempt to vote constitutes a breach of paragraph 3 of the Code; 

 

iii.         Councillor Jones’ behaviour in using physical action to influence a vote could reasonably affect the public’s confidence in him and other Councillors to make independent decisions in the interests of their communities, where appropriate. The matter has also attracted  ...  view the full minutes text for item 6.