Agenda and minutes

Apolgies were received from Cllr Stuart Bailey.

To enable Members to declare to the meeting any disclosable pecuniary interest they may have in any matter on the agenda for the meeting, where that interest is not already entered in their appointing authority’s register of interests, and any other pecuniary or personal interests in any such matter that Members may wish to consider disclosing.

No declarations were made.

To confirm the public minutes from the meeting of the Complaints Sub-Committee held on 12 April 2022.

The public minutes of the previous meeting were agreed as an accurate record.

To receive a report outlining the powers of the Police and Crime Panel Complaints Sub-Committee in relation to non-criminal complaints made against the Police and Crime Commissioner.

The Summary of Powers were noted.

With respect to each of the following items, the Sub-Committee is recommended to consider:

That, under the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the meeting on the grounds that the report(s) contain or there may otherwise be disclosed information which is defined as exempt in within paragraph 1 (information relating to an individual) or paragraph 2 (information which is likely to reveal the identity of an individual) of Part 1 of Schedule 12A to the Local Government Act 1972 and that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Members were asked to consider whether the press and public be excluded from the meeting during the following three items of business, considering whether it was likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the  public were present during those items there would be disclosure to them of exempt information within Paragraphs 1 and 2 of Part I of Schedule 12A to the Local Government Act 1972, being information relating to any individual (paragraph 1) or information which is likely to reveal the identity of an individual (2) and, further,  that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED:

In respect of item 6 of the agenda the Sub-Committee agreed not to exclude the press and public.

In respect of items 7 and 8 of the agenda the exclusion was agreed.

(a) To consider complaints made against the Police and Crime Commissioner for Hampshire.

(b) To consider additional comments received from the complainants

(c) To consider additional comments received from the complained against

The Sub-Committee received a report of the Democratic Services Officer outlining the detail of three complaints received against Donna Jones, in her role as the Police and Crime Commissioner for Hampshire and the Isle of Wight (PCC).

The Chairman explained consideration of the complaints would be taken together as they related to the same matter, videos feature the PCC alongside candidates standing for election in Hart District Council.

The Chairman further explained the Sub-Committee would consider whether the complaints being reviewed demonstrated a failure to meet the Code of Conduct, as published on the PCC’s website, and that the Sub-Committee’s findings would be made on fact.

The Chairman noted that the report complainants’ identities were anonymised, at their request, and would be referred to as complainant A, B and C and that the outcome of the meeting would be confirmed in writing to all parties.

The legal adviser was invited to raise any comments to the meeting, for which he confirmed he had none at this point of the meeting.

The four videos referenced by the complainants were played to the meeting.

The Chairman invited any comments from Members, through which it was observed that:

·         The PCC held a very particular role, but was still a politician and an elected official. When considering the role of a PCC, any duties should be dispensed with impartiality, but in campaigning would represent their own political party.

·         Members would need to consider whether, in appearing to support these candidates, the Commissioner had gone beyond what might be considered as acceptable and whether the actions taken had demonstrated a breach in the code of conduct.

At 10:18am the Chairman called for the meeting to be adjourned to allow the Sub-Committee to consider legal advice on the evidence presented.

The meeting resumed at 10:50am.

The Chairman noted that office holder role of the Police and Crime Commissioner was not a civil servant and therefore the guidance on conduct for civil servants, as provided to the complaint, did not apply.

The Chairman then read out the comments received from the PCC, for the benefit of the meeting and those observing. It was noted by the Chairman that the images initially provided by the PCC had not been provided to the Sub-Committee, at her request, following confirmation that images would not be eligible for exemption from publication.

Debate was invited by the Chairman, through which Members expressed:

·         Whilst the PCC was expected to carry out their duties in an impartial way, it would be usual that they would support campaign activity for their party, providing that they were not themselves subjected to pre-election restrictions and that no public resources were utilised, including staff or resources of their office or of the Constabulary. It was noted that other PCCs across the country had also taken part in campaign activity during the recent local elections.

·         A member of the Sub-Committee raised concerns that the role of PCC allowed them to engage and supporting such election activity and hoped that  ...  view the full minutes text for item 6.

To report to the Sub-Committee any occasion upon which the Monitoring Officer, in accordance with their delegated authority, has taken the decision to not record a complaint or to disapply the informal resolution procedure in respect of a complaint, or part thereof, since the last meeting of the Sub-Committee.

Members received a report from the Monitoring Officer to the Panel which outlined use of their delegated powers when taking a decision either not to record or to dissaply the informal resolution procedure in respect of a complaint, or part thereof, since the Sub-Committee last met on 12 April 2022.

It was noted that since the last meeting of the Sub-Committee ten complaints received by the Panel were not recorded, and no further action taken under regulation 9 of the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 (the regulations). It was further noted that the informal resolution procedure had been disapplied for one complaint recorded by the Panel, under part 2 of the Regulations

RESOLVED:

That the report from the Monitoring Officer is noted.

To confirm the exempt minutes from the meeting of the Complaints Sub-Committee held on 12 April 2022.

The exempt minutes of the previous meeting were agreed as an accurate record.