Agenda and draft minutes

To consider whether the public should now be excluded from the remainder of the meeting on the grounds that it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public were present during these items there would be disclosure to them of exempt information within the meaning of paragraph 3 of Schedule 12A to the Local Government Act 1972: and, if it is decided to exclude the public on those grounds, the Committee to resolve accordingly on the motion of the Chairman.

The Committee resolved to excluded the public from the meeting during discussion of the following item on the grounds that if members of the public were present it was likely that, given the nature of the business to be transacted, that there would be disclosure to them of exempt information within the meaning of paragraph 1 of Schedule 12A to the Local Government Act 1972 which could reveal information relating to the financial or business affairs of any particular person (including the authority holding that information) and it was not in the public interest to publish this information

The Panel had met to consider an allegation that Councillor Osman Dervish had breached the Member’s Code of Conduct which had been received from a member of the public. The allegation related to Councillor Dervish’s alleged behaviour in not responding to correspondence, at an event at Rise park Chapel and at a Hustings event at All Saints Church on the 21 April 2015. She also referred to a visit by Councillor Dervish around 8.00pm on the 22 April, 2015. CCTV footage of the visit was made available and was viewed by the Panel. The complainant was concerned that personal information regarding her address had been provided to Councillor Dervish and that facilitated the visitel

The Panel had concluded that in these incidents Councillor Dervish had not been acting as a Councillor but as part of Andrew Rosindell’s team campaigning prior to the General Election. He was acting in either a party political capacity or in the course of his paid employment for Mr Rosindell. The Member’s Code of Conduct applies only when a member is acting in his capacity of a Councillor and in these cases he was not, so consequently the Member’s Code of Conduct did not apply and the Council had no jurisdiction in respect of his activities on those occasions.

In the circumstances the Panel had agreed that the allegation be dismissed and no further action be taken.