Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

There were no apologies.

To approve the minutes of the meeting held on 21 March 2024.

The minutes of the meeting held on 21 March 2024 were presented for consideration, and it was,

Resolved:

To approve and sign the minutes as a true and correct record.

To receive any declarations of disclosable interests, or dispensations granted by the Standards Committee.

There were no declarations of interest.

To note the procedure and assessment criteria for the meeting.

The procedure and criteria were noted.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Agenda Item Numbers 6 onwards, because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in Paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Paragraph 1 - information relating to an individual

It was,

Resolved:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Minute Numbers 20 onwards, because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in Paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Paragraph 1 -information relating to an individual

Assessment of Complaint COC151643.

In considering the complaint, the Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the Subject Member was a member for the period of allegations and remains a member of Wiltshire Council, that a copy of the relevant Code of Conduct was provided for the assessment, and that they were acting in their capacity as a Member during some aspects of the various alleged actions.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of that Code of Conduct. Further, if it was felt it would be a breach, whether it was still appropriate under the assessment criteria to refer the matter for investigation.

In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, the response of the Subject Member, and the report of the Monitoring Officer.

The Sub-Committee also considered a verbal statement from the Subject Member and a written statement from the Complainant provided at the Assessment Sub-Committee meeting.

After discussion, it was:

Resolved:

In accordance with the approved arrangements for resolving standards complaints adopted by Council on 9 July 2019, which came into effect on 1 January 2020 and after hearing from the Independent Person, the Assessment Sub-Committee determined to refer the complaint for investigation.

Assessment of Complaint COC151827

A complaint was submitted by Alison Lucinda McLean-Crawford, the Complainant, regarding the conduct of Councillor Sarah Hill-Wheeler, the Subject Member, of Lydiard Millicent Parish Council. 

The complaint related to a disagreement between the two parties regarding the location of the boundary of the village green and the Complainant’s property.

The Complainants believed the Subject Member to have breached the following
sections of the Code:

1.     He/she shall behave in such a way that a reasonable person would regard as respectful.

2.     He/she shall not act in a way which a reasonable person would regard as bullying or intimidatory.

3.     He/she shall not seek to improperly confer an advantage or disadvantage on any person.

4.     He/she shall use the resources of the Council in accordance with its requirements.

Preamble

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the Subject Member was and remains a member of Lydiard Millicent Parish Council, that a copy of the relevant Code of Conduct was provided for the assessment, and that the Subject Member was acting in their official capacity during the alleged actions.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of that Code of Conduct. If the Sub-Committee concluded that the alleged behaviour would amount to a breach, then it would have to go on to decide whether it was appropriate under the assessment criteria to refer the matter for investigation or alternative resolution.

In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, the response of the Subject Member, and the report of the Monitoring Officer.

The Sub-Committee also considered the verbal statements made by the Complainant and the Subject Member who were both in attendance at the Assessment Sub-Committee meeting. 

Discussion

The complaint involved allegations that the Subject Member visited the Complainant’s property and behaved in an aggressive manner, having removed some metal pins and tape which were marking the boundary line between the Complainant’s property and the village green. Furthermore, it was alleged that when the Complainant and her husband asked the Subject Member to leave, they were threatened by the Subject Member who allegedly said that they were being taken to court by the parish council and should “look out” for what was coming.

The Complainant also alleged that when they asked the Subject Member to return their metal pins, the Subject Member refused due to not having seen any land registry papers which confirmed the land belonged to the Complainant. In addition, when the Complainant advised the Subject Member that they would call the police if she did not leave, the Subject Member refused to leave and encouraged her to call the police, at which point the Subject Member was alleged to have started filming the Complainant and her husband with her mobile phone, until the Subject Member’s husband arrived to escort her away.

The Complainant believed that the Subject Member’s behaviour was aggressive, and her  ...  view the full minutes text for item 21.