Case Summary - Blackpool Council
| Case no. | SBE-07897-36WVP |
| Member(s): | Councillor Ian Fowler |
| Date received: | 04 Nov 2009 |
Allegation:
The member brought his office or authority into disrepute.
Standards Board outcome:
The ethical standards officer found that the member did not breach the Code of Conduct.
Case Summary
The complainant alleged that Councillor Fowler brought his office or authority into disrepute when he signed a letter stating that he did not know about two donations which had been made to Blackpool South Conservative Association by Kensington Developments Limited when he did. The complainant alleged that Kensington Developments had made the donations to the general election fighting fund for Councillor Ron Bell, who is the Conservative Party’s prospective parliamentary candidate for Blackpool South. The complainant alleged that Councillor Fowler knew about the two donations when he signed the letter, because he was the proposed election agent for Councillor Ron Bell, and therefore responsible for donations to Councillor Bell’s campaign.The Conservative Group members of Blackpool Council met on 17 September 2009 and 21 September 2009. On 17 September, Councillor Peter Callow, the Conservative Group Leader, asked the councillors present if they knew about two political donations to Blackpool South Conservative Association. At the end of the meeting on 21 September, a document was passed around the group members to sign. It stated:
“We the undersigned wish it to be known that we did not know that the two donations given to Blackpool South Conservative Association were from Kensington Developments Ltd”
No council officers were present at either meeting and no present or future council business was discussed. The title ‘Councillor’ is not used in the document. Named individuals signed the document. Councillor Fowler has printed his name and signed.
Group members who were not at the 21 September group meeting were given the opportunity to sign the document after the full council meeting on 23 September. The document was not discussed in the full council meeting on 23 September 2009.
Councillor Fowler took the document, without any covering letter, to the Blackpool Evening Gazette newspaper, on instructions from Councillor Callow. The signed document was not passed to the council.
In effect, paragraph 5 of the Code of Conduct states that a member must not bring his office or authority into disrepute while acting in his official capacity. At present the Code does not apply to members conduct in their private capacity.
The meetings on 17 and 21 September 2009 were political meetings. There is no evidence that anything was put forward by way of additional statement, or covering letter, which suggested that the document signed was about council business. Neither was the document considered as council business at the full council meeting on 23 September.
Those who signed the document were not acting, claiming to act or giving the impression that they were acting as representatives of their authority when they signed the document. Councillor Fowler identified himself with his party and political ward. In common with the other members he wished to “clear his name” with the electorate in relation to the donations. He was not describing his involvement in any actions the political group had taken as councillors. The local conservative association is not the political group to which Councillor Fowler belongs at the council.
The ethical standards officer found no evidence that Councillor Fowler was acting as a councillor or performing the functions of his authority when he signed the document. Neither is there any link between Councillor Fowler’s conduct and the resources of the council.
The ethical standards officer considered that in signing the document Councillor Fowler was not acting as a councillor and, therefore, was not covered by the Code. Therefore, whether or not he knew of the donations is not an issue about which she needs to form a view.
Relevant paragraphs of the Code of Conduct
The allegations in this case relate to paragraph 5 of the Code of Conduct.
Paragraph 5 states that “you must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute”.
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