Agenda item

Consideration was given to the report presented by the Deputy Monitoring Officer which set out clearly the outcome of a Standards and Ethics Sub- Committee Hearing which took place on 14^th September, 2018 in relation to an alleged breach of the Code of Conduct by Councillor Brian Cutts and the subsequent decision of Council, at its meeting on 31st October, 2018, to remove Councillor Cutts from the South Yorkshire Police and Crime Panel. 

As set out in the Decision Record, the Sub-Committee found that Councillor Brian Cutts’ conduct was in breach of the Code of Conduct in that he had failed to treat others with respect.  They found that the two of the comments he had made were homophobic, being indicative of a dislike or prejudice towards LGBT people and that in making those comments he had failed to treat others with respect, namely the LGBT community and in particular same sex couples who foster or adopt children or who wish to do so.

The Sub-Committee also found that by making the comments Councillor Brian Cutts was also in breach of the Code of Conduct in that he had done something which may cause the Council to breach any of the equality duties and had conducted himself in a manner which could reasonably be regarded as bringing his office of councillor or the Council into disrepute. 

The Sub-Committee recommended a number of sanctions that should be applied to the Subject Member:-

·             The member shall be censured.

·             The formal decision notice setting out the findings of the Sub-Committee shall be published on agenda of the next meeting of the Standards & Ethics Committee.

·             The Sub-Committee shall recommend to the Councillor’s Group Leader that he be removed from the Committees or Sub-Committees of the Council upon which he sits.

·             The Monitoring Officer shall be instructed toarrange equalities training for the Subject Member.

·             That the Sub-Committee shall recommend to Council that the Subject Member be removed from all outside appointments to which he has been appointed or nominated by the Council.

The Leader of Councillor Cutts’ political group declined to remove him from his role on the Improving Places Select Commission.  The equalities training for Councillor Cutts took place on 30th October, 2018 and Council considered the Sub-Committee’s recommendation regarding outside bodies at its meeting on 31st October ,2018 and removed Councillor Brian Cutts from the South Yorkshire Police and Crime Panel.

The Committee were pleased with the outcome following the hearing, but expressed its disappointment at the decision of the Leader of the Opposition not to remove Councillor Cutts from the Improving Places Select Commission.

The Committee also realised it had limited powers under the Localism Act, but would await  the outcome of the review by the Committee for Standards in Public Life and the outcome of the consultation process by January/February, 2019.  A report on the outcome would be submitted to the next meeting in March, 2019.

Resolved:-  (1)  That the outcome of the Standards and Ethics Sub-Committee Hearing on 14th September, 2018 be noted.

(2)  That the decision of Council at its meeting on 31st October, 2018 to accept the recommendation of the Standards and Ethics Sub-Committee and to remove Councillor Brian Cutts from the South Yorkshire Police and Crime Panel be noted.

(3)  That the decision by the Leader of the Opposition not to remove Councillor Cutts from the Improving Places Select Commission was disappointing.