9 ALLEGATIONS AGAINST MEMBERS
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For
information.
Additional documents:
Decision:
To note the information.
Minutes:
The report
was presented by the Propriety and Elections Manager.
It was
explained that the purpose of this item was to share information with
members
regarding the Ombudsman's decisions on formal complaints against
members.
It was
mentioned that a matter involving a former member of this Council had
been before
the Adjudication Panel for Wales.
It was
highlighted that there had been two instances where Article 10 of the
European
Convention on Human Rights had been considered, and a
reference
was made to the challenge in interpreting such cases was
referenced.
It was noted that there was a regular discussion around where
Freedom of
Expression fell, and the protection it is given when complaints
were made
about comments. It was highlighted that political Freedom of
Expression
was a difficult concept to convey at times, in terms of the nature of
political
discussions.
In
reference to a particular case, it was stated that it underlined that bringing
into
disrepute applied to life more widely than merely an individual's role as a
Councillor.
It was added that this highlighted the expectations in terms of
members'
general behaviour.
The
importance of informing the Monitoring Officer of any emerging breach of
the Code of
Conduct was emphasised. It was added that the member who
was the
subject of the conduct was also expected to contact the Monitoring
Officer, to
explain the situation as soon as possible.
Reference
was made to the inconsistency between the dates noted in point
7.2.11 of
the Welsh version and the English version of the Adjudication Panel
report, and
it was confirmed that the Welsh reported noted the correct date.
DECISION
To note
the information.