REVIEW DECISION NOTICE
NO BREACH OF THE CODE
Reference:
CCN065/13 No 1, No 2 and No 3
Complainant:
CCN065/13 No 1 Mr and Mrs Brown
CCN065/13 No 2 Mrs Julie Lewis
CCN065/13 No 3 Mr and Mrs Smith
Subject Member:
Councillor Jim Flashman, Cornwall Council
Person conducting
the Review:
Matthew Stokes, Corporate Governance, Property
and Commercial Group Manager
Date of Review:
22 July 2014
Complaint
On 22 July 2014 the Monitoring Officer considered a request to review the complaints
from Mr and Mrs Brown, Mrs Lewis and Mr and Mrs Smith concerning the alleged
conduct of Councillor Jim Flashman of Cornwall Council. A general summary of the
complaint is set out below:
As set out in the respective assessment decision notices for complaints CCN065/13
No.1, CCN065/13 No.2 and CCN065/13 No.3.
Decision
No breach of the Code of Conduct is demonstrated on the part of the subject member.
Reasons for the Decision
In reaching this decision I have had regard to the documentation provided by the
complainants, the views of the Independent Person, the submission of the subject
member and the assessment decision notices. Having done so I am satisfied that I
can reach a decision in relation to the review of the three subject complaints without
referring any of them for investigation.
I concur with the substance of the rationale for the three assessment decisions and I
do not propose repeating any of that rationale in this decision.
The request for review was from all complainants and, given that I endorse the
decisions previously reached, I consider it appropriate to provide a single decision in
relation to the review.
I am satisfied that the assessing officer has had proper regard to the material
information and factors in reaching his assessment decisions. The review request
raises fourteen numbered points but I do not consider it either appropriate or
necessary to provide responses to those points. It is clear that the subject member
failed to meet the expectations of the complainants through his behaviours and
involvement in the consideration of the planning application at the heart of the
complaints. That is accepted and it is something to which the subject member may
wish to have regard in discharging his representational role as a councillor. However,
I am satisfied that, even though he fell below the standards expected of him by the
complainants, his conduct did not fall below the standards required under the Code of
Conduct and as a result no breach is demonstrated.
What happens now?
This decision notice is sent to the complainant and the member against whom the
allegation has been made.
Additional help
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us know as soon as possible. If you have difficulty reading this notice we can make
reasonable adjustments to assist you, in line with the requirements of the Disability
Discrimination Act 2000.
We can also help if English is not your first language.
Matthew Stokes
Corporate Governance, Property and Commercial Group Manager
On behalf of the Monitoring Officer
Date: 23 July 2014