Resolutions and monitoring officer

Question

Good morning

Firstly, advice please resolutions.  A resolution was agreed at our last meeting by councillors to cut a pathway back at the rear of some terraced houses.  The pathway is on land we manage   Advice was obtained by fire service who suggested cutting back a 3 metre fire break.  Some of the residents had been fly tipping garden waste over the fence onto the pathway which caused the fire service further concern.   our contractor offered a variation and this was passed.   The residents were not happy with this work being carried out and put a strong case forward in a meeting held with clerk and vice chair.  I could not attend as I have legal case with one of the residents regarding our property.   Email from clerk last night confirmed that the work will be placed on hold to review.  The vice has just emailed to request this is placed on agenda for next council meeting.    Our standing orders are NALC and states a resolution shall not reversed within 6 months except with a special motion which requires written notice by at least 3 councillors to be given to the proper officer etc etc  Advice please  Secondly I have been informed by clerk that the other outcome was the resident is reporting me to the monitoring office..... no idea what for.    With this information do I need to stand down as chair till this forthcoming complaint is sorted.  The next meeting will be rather difficult as no doubt the residents will be there and may be considered inappropriate for me to chair?  thanks

Answer 1

Morning Ann.  What was the nature of the residents' concerns? I presume that the fire service recommendation was intended to protect their properties.

The normal interpretation of the 6-month rule is that decisions are not revisited unless material considerations have become apparent that were not available at the time.

There is no need for you to stand down during a conduct complaint, but you are free to do so if you feel that it would be appropriate. In this case, it appears that you have not been notified formally of a complaint, so it is merely hearsay.

Comments

HI Dave
Yes fire officers concerns was safety to residents,  other properties and the fact its in quite a woody area.  Plus the mounds of fly tipping up against their fences on our side, have a large fire load...     I believe neighbours concerns was about privacy,  but I was not a the meeting and will not discuss review till next councillors meeting end of July
Allegation could be  ' 'I influenced other councillors regarding decision'  But will not know until I receive complaint.   I clearly will challenge that.   I am very straight down the line.

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As long as you didn't use information you knew to be false to influence other councillors' decisions, it's unlikely that the MO will accept the complaint as being worthy of investigation. In any debate on any matter, each of us has our own view and the purpose of the debate is to seek to persuade others that our view is the correct one. Fire safety is a good trump card to hold.

Answer 2

No need to stand down as chair whilst the MO is investigating a complaint. If the MO requires you to take any action they will make this clear to you.

However, the nature of the complaint may be that you have voted where the Code of Conduct states that you must not. From what you say it appears that you may possibly be a neighbour to this piece of land. If that is the case then you may speak on the matter (as long as the public also can) but you cannot vote. Not sure whether this would preclude you from being chair but not voting.

Comments

I am not a neighbour to that piece of land.  The land mentioned belongs to parish council and is a public footpath and part of our stour valley walk.