Agenda and draft minutes

Standards Assessment Sub-Committee - Thursday 5 September 2024 1.30 pm

Venue: Kennet Room - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Lisa Alexander  01722 434560 Email: lisa.alexander@wiltshire.gov.uk

Items
No. Item

22.

Election of a Chairman for 2024/25

To receive nominations for Chairman for 2024/25.

Minutes:

The Democratic Services Officer opened the meeting and called for nominations for Chairman for 2024/25.

 

It was;

 

Resolved:

 

That Councillor Ruth Hopkinson was elected as Chairman for 2024/25.

23.

Election of a Vice-Chairman for 2024/25

To receive nominations for Vice-Chairman for 2024/25.

Minutes:

Councillor Ruth Hopkinson in the Chair

 

The Chairman called for nominations for Vice-Chairman for 2024/25.

 

It was;

 

Resolved:

 

That Councillor Ernie Clark was elected as Vice-Chairman for 2024/25.

 

24.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

There were no apologies.

 

25.

Minutes of the Previous Meeting

To approve the minutes of the meeting held on 11 June 2024 (As attached).

Supporting documents:

Minutes:

The minutes of the meeting held on 11 June 2024 were presented for consideration, and it was,

 

 

Resolved:

 

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

 

26.

Declarations of Interest

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

Minutes:

There were no declarations.

 

27.

Meeting Procedure

To note the procedure for the meeting.

Supporting documents:

Minutes:

The procedure and criteria were noted.

28.

Exclusion of the Public

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 8 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

Minutes:

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 29 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

 

29.

Assessment of Complaint: COC153376

To consider Code of Conduct complaint COC153376.

Minutes:

A complaint was submitted by Mr Shane Skelhorn, the Complainant, regarding the conduct of Councillor John Dalley, the Subject Member, of Rowde Parish Council. 

 

to the Subject Member’s interaction with the Complainant at the Rowde Parish Council allotment site, where it is alleged that the Subject Member prevented the use of a water tap and shouted at the Complainant, making reference to a lawsuit relating to a separate matter between the Complainant and the Parish Council.

 

During the incident the Subject Member allegedly spoke in an intimidatory voice, referred to another parish councillor as a ‘Welsh bitch’ and followed the Complainant when he attempted to disengage from the conversation.

 

The Complainant believes 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 not disclose information which is confidential or where disclosure is prohibited by law.

 

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 Rowde 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 capacity or could reasonably be perceived to be acting in their capacity as a Member during the alleged actions.

 

The Sub-Committee also 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 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 noted the Complainant and Subject Member had declined a prior attempt to resolve the complaint through alternative resolution.

 

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

 

Discussion

The Sub-Committee considered the summary of allegations as set out in the report, highlighting actions of bullying, disrespect, and the disclosure of information relating to a separate matter between the parish council and the Complainant.

 

The Complainant alleged that the Subject Member had shouted at him making reference to a lawsuit between the Complainant and Rowde Parish Council, which the Complainant states is not factual. In addition it is alleged that threats of releasing his address details to others in the village who were currently not happy with the Complainant due to a separate matter.

 

The Complainant alleges that the Subject Member prevented him from using  ...  view the full minutes text for item 29.

30.

Update on Complaint: COC150777

To receive a report regarding complaint COC150777.

Minutes:

The Sub-Committee received an update on complaint COC150777, which had been referred for investigation by the Sub-Committee on 21 March 2024.  Following an investigation, the complaint had been resolved via alternative resolution by the Monitoring Officer.