Agenda and decisions

Member Conduct Panel - Monday, 23 May 2022 3.00 pm

Venue: Committee Room, Woodhatch Place, 11 Cockshot Hill, REIGATE RH2 8EF

Contact: Angela Guest  Email: angela.guest@surreycc.gov.uk

Items
No. Item

1.

Apologies for Absence and Substitutions

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2.

Declarations of Interest

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    All Members present are required to declare, at this point in the meeting or

    as soon as possible thereafter

    (i) Any disclosable pecuniary interests and / or

    (ii) Other interests arising under the Code of Conduct in respect of any

    item(s) of business being considered at this meeting

     

    NOTES:

    ·         Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest

    ·         As well as an interest of the Member, this includes any interest, of which the Member is aware, that relates to the Member’s spouse or civil partner (or any person with whom the Member is living as a spouse or civil partner)

    ·         Members with a significant personal interest may participate in the discussion and vote on that matter unless that interest could be reasonably regarded as prejudicial.

3.

EXCLUSION OF THE PUBLIC

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    Recommendation: That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information under the relevant paragraphs of Part 1 of Schedule 12A of the Act.

4.

REPORT IN RESPECT OF AN ALLEGATION THAT A MEMBER FAILED TO COMPLY WITH THE CODE OF CONDUCT

    To inform the Member Conduct Panel about the outcome of an investigation into alleged breaches of the Code of Conduct by a member and to invite the Panel to make decisions as to the future progress of the complaint.

     

    Additional documents:

    Decision:

    INVESTIGATOR'S REPORT IN RESPECT OF AN ALLEGATION THAT A MEMBER FAILED TO COMPLY WITH THE CODE OF CONDUCT (Item 4)

     

    NOTICE OF A DECISION OF THE MEMBER CONDUCT PANEL

    Date of Panel meeting:                   23 May 2022

    Allegation concerning:                    Andy Lynch

    Chairman of Panel:                         Helyn Clack

    Members of Panel:                          Liz Bowes

    Eber Kington

    Investigating Officer:                       Eileen Perren

    Independent Person:                      Philippa Harding

    Date of Final decision:                    23 May 2022

    Constitutional Basis

    1.    The Member Conduct Panel has been established as part of Surrey County Council’s arrangements for dealing with complaints made about the conduct of Surrey County Councillors and Co-opted Members.

     

    2.    Andy Lynch is a Member of Surrey County Council.

     

    3.    Philippa Harding has been appointed by Surrey County Council as an Independent Person as defined by S28(7) of the Localism Act 2011.

    Consideration of Complaint

     

    4.    The complaint was initially considered by the Monitoring Officer and the Independent Person and the matter was referred for an investigation into whether there had been a breach of the Council’s Code of Conduct for Members (the Code).

     

    5.    The Member Conduct Panel met on 23 May 2022 to consider the report of an investigation into two complaints received concerning offensive comments made by Andy Lynch on his twitter profile alleging there had been a breach of the Council’s Code of Conduct.

     

    6.    The Investigating Officer found that there was evidence of a failure to comply with the Code of Conduct. That the language used in the tweets was offensive and derogatory. The Code of Conduct makes clear that councillors have an obligation to treat members of the public with respect. The guidance clarifies that councillors can express robust opinions but should do so in a civil manner.

     

    7.    After hearing from the Investigating Officer and from Andy Lynch the Panel agreed that there had been a breach of the Code.

     

    8.    Prior to taking the decisions set out below the Panel sought and took into account the views of the Independent Person.

     

    9.    The Member Conduct Panel reconvened to consider what action to take.

     

    10. The Panel considered all the circumstances of the case and concluded that Andy Lynch had failed to comply with the Code.

     

    Reasons and Action

     

    11. The Panel noted that Andy Lynch had fully co-operated with the investigation and had voluntarily admitted and apologised for his conduct. He had sent a written apology to the Chief Executive, the Chairman of the Council and the Leader of the Council.   It was noted that he had been removed from a select committee by his Group.  After a full discussion, the Panel felt that a statement of censure be issued.

     

    Statement of censure which the Panel agreed be put in the notice was:-

     

    “Following it’s meeting on 23rd May 2022 the Member Conduct Panel of Surrey County Council formally issues this statement of censure concerning comments made by Cllr Lynch on his twitter account. The Member Conduct Panel determined Cllr Lynch breached the Councillor Code of Conduct  ...  view the full decision text for item 4.