Agenda item

Report of the Director of Law and Governance

The Ethics Committee considered a report of the Director of Law and Governance which detailed complaints made against Councillor AS Khan (the “Subject Member”). The complainants made a number of allegations including that that the Subject Member had breached the Code of Conduct for Elected Members by “seeking to exert influence over officers in the Council with a view to receiving preferential treatment”

A Stage One review of the complaints concluded that an Independent Investigator should be appointed to investigate the complaints. An Independent Investigator was duly appointed to carry out the investigation and produced a report which concluded that one of the complaints did not engage the Code of Conduct and was not therefore considered in the investigation. The Investigator put the remaining complaints into three categories, which were numbered Allegations One, Two and Three in her report. She found that there was no evidence on the balance of probabilities to substantiate Allegations One and Three. However, she found that there was evidence to confirm that   

Allegation Two was founded on the balance of probabilities.

The Committee carefully considered the following:-

a)  Presentation of the Investigation report

b)  Presentation of the Subject Member’s response to the Investigation report

c)  Summing up from both the Investigating Officer and the Subject Member

d)  Written views and submissions of the Independent Person

The Committee then determined the complaint and concluded:-

1)  That they concurred with the Investigating Officer and that there had been no breaches of the Code of Conduct in relation to Allegation 1 for the reasons set out in the Investigation report

2)  That, whilst they recognise the influence of the Subject Member, they did not consider that the Subject Member’s actions were seeking to use his position to influence officers but rather were to inform and be transparent in relation to the issues he was facing and that therefore that there had been no breaches of the Code of Conduct in relation to Allegation 2

3)  That they concurred with the Investigating Officer and that there had been no breaches of the Code of Conduct in relation to Allegation 3 for the reasons set out in the Investigation report

Having considered these matters, the Committee considered that there should be more guidance and clarity for elected Members when dealing with matters that relate to their own personal interests that need to be raised with the Council.

RESOLVED :-

1)  That the conclusion of the Committee in relation to this matter be as set out in the Decision Notice as attached as Appendix 1 to these Minutes.

2)  That the provision of more guidance and clarity for elected Members when dealing with matters that relate to their own personal interests that need to be raised with the Council becomes part of the Ethics Committee Work Programme for 2022/23 to be addressed in the Officer/Member protocol.