Agenda and decisions

To receive any Declarations of Interest from Members.

Purpose: To consider whether there has been a breach of the Code of Conduct and if so what sanction, if any, should be imposed.

Written Decision of West Berkshire Council’s Hearing Panel of the Standards Committee

Summary of the Original Allegation

It was alleged, by Mr Sheppard (the Handybus Co-ordinator) that following the resignation of Councillor Woad as a Handybus driver he sent two ‘abusive and threatening’ emails to Mr Sheppard (dated the 10th and 12th May 2010).

Mr Sheppard accepts that although the issue of Councillor Woad’s departure from the Handybus was not a matter for the Standards Committee he was concerned about the content of the emails that ensued after Councillor Woad’s departure. In the emails sent by Councillor Woad he stated: ‘O any I all so sit on the committee that gives out grants o dear o dear’  and ‘OH and I would not hold your breath waiting for a grant from Burghfield Parish Council’.

Relevant Sections of the Code of Conduct

The investigation was referred to the Monitoring Officer pursuant to section 57A of the Local Government Act 2000 and was, therefore carried out in accordance with section 66 of the Local Government Act 2000 and the Standards Committee (England) Regulations 2008.

The relevant paragraphs from the Code of Conduct are as follows:

Scope

2.         (1)       Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you

(a)                               conduct the business of your authority (which, in this Code,
includes the business of the office to which you are elected or
appointed); or

(b)                                act, claim to act or give the impression you are acting as a
representative of your authority,

and references to your official capacity are construed accordingly.

(2)               Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.

(3)-(5)not applicable

General Obligations

3.                 (a)       You must treat others with respect.

5.                 You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.

You

(a)               must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage.

Summary of the Evidence Considered and Representations Made

The Panel  ...  view the full decision text for item 4.