The Standards Committee Hearings Panel met to consider a report from the Monitoring Officer relating to a Code of Conduct complaint against Councillor Stuart Munro. The panel was scheduled to note the Hearings Panel Procedure as set out in the Council's Constitution, and to consider the Investigation Report into the alleged breach of the Code of Conduct by Councillor Stuart Munro.

Complaint Against Councillor Stuart Munro

The Standards Committee Hearings Panel were scheduled to consider a report from the Monitoring Officer relating to a Code of Conduct complaint against Councillor Stuart Munro. Andrew Moulton, Service Director, Governance, was listed as the officer in charge.

The report pack stated that a complaint against Councillor Munro had been submitted by another Borough Councillor on 18 January 2024. The complaint related to a meeting of Wokingham Borough Council's Planning Committee held on 10 January 2024. It was alleged that Councillor Munro should have declared an interest in one of the items on the agenda.

The complainant alleged that Councillor Munro had breached the following aspects of the Council's Code of Conduct and the Planning Member Guidelines (Section 8.3 of the Council Constitution):

• Section 9.2.8.5 "I do not bring my role or local authority into disrepute'.

• Chapter 8.3- Planning Member Guidelines on Good Practice:

  • 8.3.2.3 guidelines apply at all times on anything to do with planning process for members of the committee;
  • 8.3.2.4 if you have doubts, ask the Monitoring Officer (which the complainant states that Cllr Munro did do);
  • 8.3.3.1 if you don't abide by guidelines you may put the council at risk of proceeding on legality or maladministration or you may get a complaint to Standards
  • 8.3.5 says what fettering discretion is and its subparagraphs describe what happens if you do look like you have decided in advance, which the complainant states, Cllr Munro has done by his previous comments.
  • 8.3.5.2 Fettering your discretion in this way and then taking part in the decision will put the Council at risk of a finding of maladministration and of legal proceedings on the grounds of bias or pre-determination or a failure to take into account all of the factors enabling the proposal to be considered on its merits.

• The complainant claimed that he believed that it was clear that Councillor Munro had made up his mind in advance to oppose the application, that he was provided advice, which shows that he knew there was a risk he had fettered his discretion, and then (allegedly) ignored that advice by voting, thus leaving the Council open to a finding of maladministration or other challenges as described in 8.3.5.2 of the constitution, and as a result has broken 9.2.8.5 of the Members code of conduct by bringing the Council into disrepute.

The Hearings Panel was asked to decide:

• Whether to accept the conclusions set out in the Investigation Officer's report, prepared by Jennifer Lee, and conclude that there has been a breach of the Code of Conduct for Councillors.
• If there has been a breach of the Code of Conduct, what sanctions, if any, are appropriate.

Or, alternatively, that there has been no breach of the Code of Conduct for Councillors.

The report pack also included an outline of the procedure for the hearings panel, as set out in the Borough Council's Constitution.

Standards Hearings Panel Procedure

The Standards Committee Hearings Panel was scheduled to note the Hearings Panel Procedure as set out in the Council's Constitution.

The procedure to be followed at the hearing is set out in the Borough Council's Constitution. In summary, the procedure is as follows:

• The Investigating Officer, Jennifer Lee, will present the Investigation Report (including calling witnesses as necessary).
• Councillor Munro will address questions to the Investigating Officer and any witnesses, as necessary.
• Members of the Hearings Panel, the Independent Person and the Monitoring Officer will address questions to the Investigating Officer and any witnesses, as necessary.
• Councillor Munro will respond to the Investigation Report and call witnesses, as necessary.
• The Investigating Officer will address questions to Councillor Munro and any witnesses, as necessary.
• Members of the Hearings Panel, the Independent Person and the Monitoring Officer will address questions to Councillor Munro and any witnesses, as necessary.
• The Investigating Officer will sum up.
• Councillor Munro will sum up.
• The Independent Person will be invited to comment and outline his views on the complaint.
• The Chair of the Panel will check with the other members of the Panel that they have sufficient evidence to reach a decision. If the Panel is satisfied on the evidence it will retire to consider its decision, supported by the Monitoring Officer and the Clerk. Other attendees will be asked to leave the meeting.
• The Panel will determine the complaint on the balance of probabilities. If the Panel decides that there has been a breach of the Code of Conduct, it will then consider appropriate sanctions.