22nd December 2008
Mr. R. Needham, Independent Member in the
Councillors D. Candler and D. Prodger.
Representing the Monitoring Officer:
Miss D. Porter, Legal and Democratic Services
Manager, Deputy Monitoring Officer.
Consideration of a Complaint made against a
Councillor in respect of a breach of the Code of Conduct
Sub-Committee considered a complaint made by Mr. Mike Foster MP,
submitted on behalf of his constituents Mr. S. Hartley and Ms. A.
Onions of 42 Northwick Close, that Councillor David Clark had acted
in breach of the Code of Conduct in that he had failed to register
his financial interest in a company, and that he had used his
capacity as a Councillor to conduct negotiations on behalf of that
company in respect of works carried out by that company on behalf
of Mr. Harley and Ms. Onions.
Sub-Committee agreed that there was sufficient information
submitted with the complaint for it to make an initial assessment
of the complaint.
tests to be applied in respect of consideration of a complaint were
found by the Sub-Committee to have been met.
the agreed Assessment Criteria the Sub-Committee considered that it
was in a position to consider the complaint and whether any further
action was to be taken.
Having considered the evidence submitted, and the criteria to be
used to assess the complaint and evidence the
AGREED: That the
Monitoring Officer should be requested to initiate a full
investigation in respect of the complaint made by Mr. M. Foster MP,
that Councillor David Clark had acted in breach of the Code of
Conduct on two counts, firstly that he did not register at the time
of the incident his financial interest in the building company
Whelan and Coll, and that he used his position as a Councillor to
conduct negotiations on behalf of that company.
Duration of Meeting: 10.00 a.m. to