Contact: Jeff Pattison, ext 7321

1 Summary

1.1 As a result of a complaint against Cllr P. Chegwyn that he has breached the Code of Conduct applying to members, the Standards Board for England has carried out an investigation and notified the parties, including the Monitoring Officer of its determination. A copy of the case summary received from the Standards Board is attached to this report. This report satisfies Aim 6 of the Council's Corporate Strategy - Developing Councillors and staff.

2 Background

2.1 The case summary received from the Standards Board sets out the essential elements of this complaint and the findings of the Standards Board. This summary is published on the Standards Board web site and is not confidential. This contrasts with a more detailed analysis of the complaint and investigation which the Standards Board has made clear is to be treated confidentially by the parties to whom it has been sent.

2.2 As can be gleaned from the case summary, there were four distinct elements to the complaint. These were that Cllr Chegwyn had in respect of his involvement in the Eastleigh Folk Festival:-

i) failed to disclose a personal interest;

ii) failed to withdraw from a meeting when a matter in which he had a prejudicial interest was discussed;

iii) failed to register an interest;

iv) sought improperly to influence a decision on the matter.

2.3 The Standards Board concluded that there was no evidence that Cllr Chegwyn had failed to observe the Code of Conduct in relation to the allegations at 2.2 i) ii) or iii).

2.4 The Standards Board did, however, conclude that Cllr Chegwyn had breached the Code of Conduct by writing to the Leader asking him to grant more money to the festival at the time that the Leader was considering a grant application. This letter was publicly available and contained within the agenda papers.

2.5 The Standards Board took the view that as Cllr Chegwyn was involved in the Eastleigh Folk Festival he had used his position improperly to influence the decision on the grant and to secure an advantage for himself and others.

2.6 It appears clear that had Cllr Chegwyn not written the letter to the Leader in support of a larger grant from the County Council to the organiser of the Eastleigh Folk Festival, then he would not have been in breach of the Code of Conduct.

2.7 Notwithstanding the failure to comply with the Code of Conduct by Cllr Chegwyn as described above, the Standards Board, taking all other relevant considerations into account, also came to the conclusion that no further action needs to be taken.

3 Lessons to be learned

3.1 The key lesson to be learned from the determination of this complaint is that if any member, or a friend or relative has an interest in a matter coming before the Council which might affect their well being or financial position, the member needs to be scrupulous about avoiding any action that may be seen as trying to influence the decision. This would apply whether the action was in writing or otherwise, or whether it was open and transparent or "behind the scenes".

4 Future Training

4.1 The complaint against Cllr Chegwyn is one of many that have now been determined by the Standards Board since its inception. As with this complaint, case summaries of all these determinations can be found on the Standards Board web site. This can be found at www.standardsboard.co.uk

4.2 As part of the Committee's ongoing training it is proposed to hold a seminar for all members of the Committee, and potentially for all County Councillors, in February 2005. The main element of which will be to consider determinations made by the Standards Board and the Adjudication Panel for England over the last year or so.

5 Recommendations

That the Committee:

i) Notes the determination made by the Standards Board for England in respect of the complaint made against Cllr Chegwyn.

ii) Consider whether or not advice should be offered to all County Councillors on the lessons to be learned from the determination of this complaint.

iii) Agrees to a seminar being arranged by the Head of Corporate and Legal Services in February 2005 for all County Councillors on the basis suggested in this report.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published Works

2. Documents which disclose exempt or confidential information as defined in the Act.

None.