Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Councillor Gordon King, who was substituted by Councillor Derek Walters.

To approve the minutes of the meeting held on 5 December 2024.

The minutes of the meeting held on 5 December 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.

In relation to item 8, Assessment of Complaint COC51050, Councillor Ruth Hopkinson declared that the Subject Member had telephoned her for advice on the complaints process, however as the discussion had remained strictly on procedural details and did not include any details of the complaint itself, she would take part in the item. Councillor Hopkinson took part in the discussion and the vote.

In relation to item 6, Assessment of Complaint COC51014, Councillor Richard Britton declared that he would not take part in the assessment, and left the room for the item and did not take part in the discussion or vote.

In relation to item 8, Assessment of Complaint COC51050, Councillor Sam Pearce-Kearney declared that as he was a serving member on Calne Town Council, he would not take part. Councillor Pearce-Kearney left the room for the item and did not take part in the discussion or vote.

To note the procedure 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 42 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

A complaint A complaint was submitted by Councillor Richard Clewer, the Complainant, regarding the conduct of Councillor Paul Sample, the Subject Member, a member of Wiltshire Council.

The complaint related to the Subject Member’s conduct regarding information posted on Facebook about the Council’s preferred operator for the reopening of Salisbury City Hall while the information was still deemed confidential by the Council.

The Sub-Committee considered whether the alleged conduct would, if proven, represent a breach of the following section of the Code:

4.1 I do not disclose information:

4.1.1 given to me in confidence by anyone;

4.1.2 acquired by me which I believe, or ought reasonably to be aware, is of a confidential nature, unless:

4.1.2.1 I have received the consent of a person authorised to give it;

4.1.2.2 I am required by law to do so;

4.1.2.3 The disclosure is made to a third party for the purpose of obtaining professional legal advice provided that the third party agrees not to disclose the information to any other person; or4.1.2.4 The disclosure is:

a) Reasonable and in the public interest; and

b) made in good faith and in compliance with the reasonable requirements of the local authority; and

c) I have consulted the Monitoring Officer prior to its release.

Preamble

The Sub-Committee was satisfied that the initial tests set out in Protocol 11 had been met, in that the Subject Member was and remains a member of Wiltshire Council and that he was acting in his official capacity at the time of the alleged incident and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven amount to a breach of the 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.

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

The Sub-Committee also considered a verbal statement from the Subject Member who was in attendance at the meeting.

Discussion

The complaint related to allegations that the Subject Member had posted information regarding the award of a contract to run Salisbury’s City Hall on a Facebook group page while the information was still deemed confidential by the Council.

The confidential information was part of a decision taken by Cabinet during a Part 2 session on 21 January 2025, which it had been intended would remain confidential until after the contract had been agreed with the third party.

The Facebook group ‘Re-Open City Hall Now’ where the information was posted on 21 January, had approximately 1,400 members at the time the post was published.

The Subject Member acknowledged he had posted information confirming the successful tenant for the  ...  view the full minutes text for item 6.

A complaint was submitted by Mr Peter Edge, the Complainant, regarding the conduct of Councillor Gail Moore, the Subject Member, a member of Wilton Town Council.

The complaint related to the Subject Member’s alleged conduct at a meeting of the Council on 5 November 2024, where she made statements in relation to a previous complaint against another councillor (Councillor X), which had also previously been logged by the Complainant.

The Sub-Committee considered whether the alleged conduct would, if proven, represent a breach of the following section of the Code:

1. Respect

As a Councillor:

1.1 I treat other Councillors and members of the public with respect. 1.2 I treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.

2. Bullying, harassment and discrimination

As a Councillor:

2.1 I do not bully any person. 2.2 I do not harass any person.

2.3 I promote equalities and do not discriminate unlawfully against any person.

Preamble

The Sub-Committee was satisfied that the initial tests set out in Protocol 11 had been met, in that the Subject Member was and remains a member of Wilton Town Council and that she was acting in her official capacity at the time of the alleged incidents (a Council meeting on 5 November 2024) and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven amount to a breach of the 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 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, the report of the Monitoring Officer and the view of the Independent Person.

The Sub-Committee also considered a written statement from the Complainant. Neither party were in attendance.

Discussion

It was alleged that during a Council meeting on 1 October 2024, the Subject Member made a statement regarding a photograph of Councillor X which she had previously posted on her Facebook page, and the comments and complaint against Councillor X subsequently received.

NB. The remarks allegedly made by the Subject Member at the 1 October 2024 meeting were dismissed by the Monitoring Officer as out of time and therefore this element of the complaint was not assessed by the Sub-Committee.

It was also alleged by the Complainant that at a council meeting on 5 November 2024, the Subject Member refused to apologise for the statement she made at the meeting on 1 October 2024 and went on to call the Complainant’s actions ‘vexatious and bullying’, suggesting that his previous behaviour had caused many people to leave the council. The Subject Member also stated that the Complainant’s behaviour to women was ‘really quite worrying’, which the Complainant took  ...  view the full minutes text for item 7.

A complaint was submitted by Ms Ali Robinson, the Complainant (and Clerk to Calne Town Council), regarding the conduct of Councillor Robert MacNaughton, the Subject Member, a member of Calne Town Council.

The complaint related to the Subject Member’s conduct at a Council-run event on 30 November 2024.

The Sub-Committee considered whether the alleged conduct would, if proven, represent a breach of the following section of the Code:

1. Respect

As a Councillor:

1.1 I treat other Councillors and members of the public with respect. 1.2 I treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.

2.3 I promote equalities and do not discriminate unlawfully against any person.

5. Disrepute

As a councillor:

5.1 I do not bring my role or local authority into disrepute.

Preamble

The Sub-Committee was satisfied that the initial tests set out in Protocol 11 had been met, in that the Subject Member was and remains a member of Calne Town Council and that he was acting in his official capacity at the time of the alleged incident and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of the 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 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, the report of the Monitoring Officer and the view of the Independent Person.

The Sub-Committee also considered verbal statements from the Complainant and Subject Member, who were both in attendance.

Discussion

The complaint related to the allegations made by the Complainant that on 30 November 2024, at the Council Winter Festival, the Subject Member was staffing Santa’s grotto managing a queue when he made a comment to a female member of Council staff insinuating that Santa was inside the grotto masturbating.

The Subject Member stated in response that on 30 November 2024, whilst manning the queue for Santa’s grotto, he asked one of the dads to his left if he knew what was happening, to which the man allegedly replied, ‘Perhaps Santa is having a w**k’.

The Subject Member stated that he then repeated the dialogue of a clip from the television programme, “8 out of 10 cats”, which contained the same word.

The Subject-Member stated that nobody else heard his remarks; neither adult nor child as the Subject Member was careful enough to make sure.

The Complainant stated that a member of the Council’s Personnel Sub-Committee (PSC) met with the Subject Member on 18 December 2024, where it was agreed that the Subject Member would self-report his actions to the Monitoring Officer at Wiltshire Council.

The Complainant stated that an earlier  ...  view the full minutes text for item 8.