Archived decisions
AT A MEETING of a HEARING PANEL of the STANDARDS COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 10 October 2006
PRESENT:
Mr M C James (Chairman); Mr G A L. Ellis; Councillor Jo Kelly
Adviser to the Panel: J A Pattison, Monitoring Officer
Panel Administrator: D C Hinxman, Head of Democratic Services
Investigating Officer: K Gardner, Head of Legal Practice
Member of the County Council the subject of the hearing: Mr A Lovell and his representative Mr J Bracken, Bircham, Dyson, Bell - Solicitors.
The Chairman opened the hearing and welcomed everyone. Introductions followed. The Chairman then outlined the purpose and function of the Hearing Panel, namely to determine an allegation submitted to the Standards Board for England that Mr Lovell, a co-opted member of the River Hamble Harbour Board, failed to comply with the County Council's Code of Conduct for Members in that, at a meeting of the Board on 20 January 2006, failed to declare a prejudicial interest in relation to a contentious item regarding a regatta centre for the Royal Southern Yacht Club, and spoke in support of a proposal, disputed part of a deputation objecting to the proposal and voted in favour of the proposal. The allegation was that Mr Lovell's prejudicial interest arose from the fact that, at the time of the meeting, he was the Royal Southern Yacht Club's Chairman of Race Management. The Panel would also consider, if it concluded that Mr Lovell did have a prejudicial interest to declare, what, if any, sanctions should be imposed.
There were no issues concerning the Investigating Officer's findings of fact and accordingly the Investigating Officer proceeded to present his report (Item 1 in the Minute Book) and his reasons for concluding that, from the evidence available, he believed that a breach of the County Council's Code of Conduct had occurred. Mr Lovell had no questions. Mr Bracken then presented Mr Lovell's response (Item 2 in the Minute Book) explaining why Mr Lovell had not considered it necessary to declare more than a personal interest when the matter was considered by the Harbour Board. The Investigating Officer had no questions. In response to the question put by the Chairman, Mr Lovell confirmed that he had voted in support of the application. There being no further questions the Panel retired to consider the matter. Taking all the issues into account, the Panel
RESOLVED:
That Mr Lovell's interest in the application to develop a regatta centre for the Royal Southern Yacht Club was such that he did fail to declare a prejudicial interest and accordingly had failed to comply with paragraphs 12(1)(a) and (c) of the County Council's Members' Code of Conduct given his particular status at the Royal Southern Yacht Club and his level of responsibility for racing activities within the Club which, the Panel considered, were inextricably linked to the Club's application.
On reconvening the Panel and with all parties present, the Chairman reported the decision of the Panel. The Chairman then asked the Panel's Adviser to describe the range of sanctions open to the Panel. Having noted these, he sought the views of the Investigating Officer as to appropriate sanctions. The Investigating Officer wished to emphasise that there was no evidence of improper intent on the part of Mr Lovell and that the information he had given to the Board had been of a professional, technical nature. He asked the Panel to take these issues into account in determining the level of sanction. The Panel also sought Mr Lovell's views. He explained that since the occasion in question, he had, in March 2006 attended Code of Conduct awareness training arranged by the County Council for its elected and co-opted members. The Panel then retired to consider what, if any, sanctions to impose.
Taking all the issues into account, the Panel
RESOLVED:
That Mr Lovell be required to undertake further Code of Conduct awareness training within three months of this hearing.
On reconvening the Panel and with all parties present, the Chairman reported the decision of the Panel. Mr Lovell undertook to attend the further training which, the Panel's Adviser reported, would be extended to include all co-opted and other non-elected members of the County Council.