Agenda and minutes

Councillor Mark Payne was appointed Chair for this meeting.

To approve as a correct record the minutes of the previous hearing panel meeting held on 27^th September 2018.

The Minutes of the last Hearing Panel on  27^th September 2018 were agreed as a correct record.

To receive any declarations of interest from Members relating to any item on the agenda, in accordance with the provisions of the Code of Conduct.

Following a query by the Monitoring Officer, there weren’t any declarations of Interest by Members on the Hearing Panel.

To consider the Arrangements for dealing with complaints under the Code of Conduct for Members (Appendix to Part 5.1 0f the constitution)

The procedure that would be followed for the hearing was noted and introductions were made.

To consider the Investigation Report regarding a Member relating to the Code of Conduct for Members.

The Hearing Panel conducted a hearing into allegations that Councillor Alan Hosker had breached the Council’s Code of Conduct for Members by referring to Burnley’s MP in a derogatory manner by being misogynistic on his County and Borough Councillor Facebook page, and had breached respect, caused disrepute, and had breached the Leadership Principle.

The hearing was conducted in accordance with the Council’s arrangements for investigating and taking decisions on alleged breaches of the Code of Conduct and the procedure was agreed by the Panel.

The Investigating Officer who had carried out an investigation into the allegations presented her report and made submissions to the Panel, and she did not call any witnesses.

Councillor Alan Hosker was invited to the Hearing but declined to attend.

The Panel carefully considered the investigation report and the Investigating Officer was asked a number of questions.

The Panel asked the public and the Investigating Officer to leave so that it could consider its findings and have regard to the views of the Independent Person.

Before considering its findings, the Panel took into account and had regard to the views of the Independent Person.

The Panel and all parties reconvened and gave its decision and reasons.

Decision

The Hearing Panel found that Councillor Alan Hosker had breached the Council’s Code of Conduct for Members in relation to the Leadership Principle.

Members should promote and support General Principles of the Code of Conduct by leadership and by example, and should act in a way that secures or preserves public confidence.

Councillor Alan Hosker had behaved in a manner which could reasonably be regarded as breaching this Leadership Principle.

Reasons for decision

·         The action by Councillor Alan Hosker on his County and Borough Councillor Facebook page in liking the language referred to in the report was inappropriate.

·         The management by Councillor Alan Hosker of his County and Borough Councillor Facebook page was inadequate

The Panel asked the public and the Investigating Officer to leave so that it could consider the actions it might take regarding the breach of Leadership. 

Before considering any action to be taken, the Panel took into account and had regard to the views of the Independent Person.

The Panel and all parties reconvened and delivered the following sanctions;

Sanctions

1.    That the Panel publish its findings in respect of Councillor Alan Hosker’s conduct; and

2.    That the Panel report its finding to the Council for information.