Pictures of E Hodgkins holiday in Ramsgate 1928     |        thanetonline blog   More pictures   Even more pictures                                                    Title 114 Decision Notice Standards (Assessment) Sub Committee Reference Number: KCC/3/2009 Date: 28 May 2009 Details of the complaint: It was alleged by Mr Bourlet (the complainant) and others that the conduct of Mr Wells had fallen below acceptable standards in that he failed to declare a prejudicial interest in the determination of a traffic order at the Thanet Joint Transportation Board (JTB). At its meeting on 12 March 2009, the JTB was being asked to decide whether it wished for an experimental traffic order in St Peter's Road, Margate, to be made permanent or revoked. The officer recommendation in the report was that the order should be revoked, but the JTB agreed to an amendment proposed by Mr Wells that the traffic order should be made permanent. The complainant and other residents/iving in St Peter's Road were of the opinion that Mr Wells should not have been able to take part in the discussion and vote on this matter because he had a prejudicial interest, in that he was a personal friend of the owner of a nursing home (Mr Gillies), who was in favour of the experimental traffic order being made permanent. In the opinion of the complainant, the alleged actions of Mr Wells contravened paragraph 10 of the Code, in that he should not have participated in the determination of the matter because he had both a personal and prejudicial interest. Decision In accordance with Section 57A(2) of the Local Government Act 2000 (as amended), the Assessment Sub Committee of the Standards Committee has decided to refer the matter to the Monitoring Officer for investigation. The Assessment Sub Committee's reasons for deciding to refer the complaint to the Monitoring Officer for an investigation were as follows: Reasons for decision • There appears to be a clear connection between Mr Wells and the owner of the nursing home (Mr Gillies), in that Mr Wells had represented the views of Mr Gillies when the extension to the nursing home was considered at Thanet District Council's Planning Committee. Mr Wells was also pictured in the local newspaper at the formal opening ceremony for the extension to the nursing home on 17 September 2008, a few days before the JTB agreed to approve the experimental traffic order. • Mr Wells spoke strongly in favour of the experimental traffic order at the meetings of the JTB on 25 September 2008 and 12 March 2009. In particular, it is noted that Mr Wells spoke strongly against the recommendation of officers that the experimental traffic order should be revoked, particularly bearing in mind that the officers had stated in their report that no additional information had come to light to suggest that the traffic order was providing a benefit to the local bus service. The proposal to make the traffic order permanent also appeared to run contrary to the consensus of opinion of local residents. • Taking all of these considerations into account, the Assessment Sub Committee was of the view that there was a case to answer and that the matter should be investigated formally. This decision notice is sent to the person making the allegation and the Member against whom the allegation was made. NextSteps The Monitoring Officer of Kent County Council will now appoint an investigating officer to undertake a formal investigation into the allegation and prepare a report for a local hearing. Both Mr Wells and the complainant will be entitled to speak at the hearing, present evidence and invite witnesses to speak in support of their position. Terms of Reference The Local Government and Public Involvement in Health Act 2007 amends the Local Government Act 2000, which now provides for the local assessment of new complaints that members of relevant authorities may have breached the Code of Conduct. The Standards Committee (England) Regulations 2008 relate to the conduct of authority members and the requirements for dealing with this. The regulations set out the framework for the operation of a locally based system for the assessment, referral and investigation of complaints of misconduct by members of authorities. They amend and re-enact existing provisions in both the Relevant Authorities ( Standards Committees ) Regulations 2001, as amended, and the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003, as amended. The Standards (Assessment) Sub Committee of Kent County Council has been set up by the Standards Committee and has the following Terms of Reference: "To consider initial complaints that a Member or co-opted Member is alleged to have breached the Code of Conduct and decide whether, (a) the complaint appears to show a breach of the Code and (b) whether the complaint merits investigation." Additional help: If you need any 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. If any such assistance is required, please contact Mr Peter Sass, Head of Democratic Services and Local Leadership on (01622) 694002 ) Signed: Independent Chairman of the Standards (Assessment) Sub Committee: Mr Peter Gam