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| Wyre Borough Council leader suspended 2004 http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=4184 |
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| Author: | JD [ Tue Aug 15, 2006 12:22 pm ] |
| Post subject: | Wyre Borough Council leader suspended 2004 |
A Councillors conflict of interested should be apparent to himself, after all, everyone in such a position is meant to be aware of a direct conflict of interest but none more so than the councillor in this particular case from to 2004? It was held that the then Leader of the council Alan Vincent had breached the council's code of conduct by representing an applicant for a taxi licence before its licensing committee. http://www.standardsboard.co.uk/ .......................................................................... Case no. SBE2657.02 and SBE2889.03 APE Tribunal no. APE0201 Member: Councillor Alan Vincent Authority: Wyre Borough Council Date received: 14 Feb 2003 Date referred to the Adjudication Panel for England: 30 Jun 2004 Date completed: 14 Oct 2004 Allegation: A member failed to declare a personal interest, failed to withdraw from a meeting when a matter in which he had a prejudicial interest was discussed, improperly sought to influence a decision on the matter and brought his office or authority into disrepute. SBE outcome: The Ethical Standards Officer referred the matter to the Adjudication Panel for England for determination by a tribunal. APE outcome: The member was suspended for six months. It was alleged that Councillor Alan Vincent, the Leader of Wyre Borough Council, acted improperly by representing an applicant for a taxi licence in a professional capacity as a solicitor at a meeting of the council’s licensing committee meeting on 16 January 2003. Councillor Vincent allegedly failed to declare a personal interest at the meeting, failed to withdraw from the meeting at which he had a prejudicial interest, and improperly sought to influence a decision on the application. The Ethical Standards Officer referred the matter to the Adjudication Panel for England for determination by a case tribunal. The case tribunal decided that while Councillor Vincent was representing a private client at the meeting, he was still a member of the authority, and was still regarded as conducting the business of his office. The tribunal decided that Councillor Vincent was acting in his official capacity at the meeting and should have formally declared a personal interest. The tribunal concluded that Councillor Vincent failed to comply with the Code of Conduct, although it regarded this as a technical breach of the Code. The tribunal also decided that Councillor Vincent had a prejudicial interest in the application as a solicitor for the applicant. The tribunal concluded that Councillor Vincent failed to comply with the Code of Conduct by failing to withdraw from the meeting. The tribunal considered that Councillor Vincent made a serious misjudgement in attending the meeting on behalf of his client, but it did not consider that Councillor Vincent had improperly sought to influence a decision on the application, as there was no suggestion of underhand conduct. The tribunal considered that Councillor Vincent’s misconduct, as a senior member of the council, made some committee members uneasy and put them in a difficult position. It also considered that the misconduct would have harmed public confidence in the committee and the council. The tribunal concluded that Councillor Vincent breached the Code of Conduct by bringing his office or authority into disrepute. The tribunal regarded Councillor Vincent’s breaches of the Code of Conduct as very serious, and considered that he should have been more aware of the implications of his conduct for the council’s reputation. The tribunal, however, expected its decision to provided guidance to Councillor Vincent on how to avoid future misconduct. The tribunal decided to suspend Councillor Vincent for six months. Relevant Paragraphs of the Code of Conduct The allegation in this case relates to paragraphs 4, 9 and 12 of the Code of Conduct. Paragraph 4 states that “a member must not in his official capacity, or any other circumstance, conduct himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute”. Paragraph 9 states that "a member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent". Paragraph 12 states that a member with a prejudicial interest in any matter must "withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting" and that he must "not seek improperly to influence a decision about that matter". The Adjudication Panel for England .............................................................................. |
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