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Agenda, decisions and draft minutes

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Contact: Kieran Elliott  Email: kieran.elliott@wiltshire.gov.uk

Items
No. Item

12.

Election of Chairman

To elect a Chairman for this meeting only.

Minutes:

Resolved:

 

To elect Councillor Stuart Wheeler as Chairman for this meeting only.

13.

Declarations of Interest

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

Minutes:

There were no declarations.

14.

Meeting Procedure and Assessment Criteria

To note the procedure and assessment criteria for the meeting.

Supporting documents:

Minutes:

The procedure and assessment criteria for the meeting were noted.

15.

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 Item Number 5  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:

 

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 Agenda Item Number 4 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

 

16.

Review of an Assessment Decision: Reference WC-ENQ00253

Minutes:

Preamble

The Sub-Committee were satisfied that the initial tests of the Assessment Criteria had been met, being that the member was and remains a member of Westbury Town Council, that the conduct related to their conduct as a member of that council, 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 that Code of Conduct. Further, if it was felt it would be a breach, whether it still appropriate under the assessment criteria to refer the matter for investigation.

 

In reaching its decision, the Sub-Committee took into account the complaint and supporting documentation, the response of the Subject Member, the initial assessment of the Deputy Monitoring Officer to refer the matter for investigation, and the Subject Member’s request for a review. The Sub-Committee also considered verbal statements from the Complainant and Subject Member at the review.

 

Conclusion

 

The complaint related to a series of emails from the Subject Member, Cllr Russell Hawker of Westbury Town Council, to other members of Westbury Town Council, including the Complainant, Cllr Sheila Kimmins. regarding a proposal from the Subject Member that several members who had been co-opted onto the council resign and instigate a by-election. There was no suggestion that the proposal was motivated by malice on the part of the Subject Member, who had been aiming for the council to meet the requirements to gain the power of competency to take certain actions, which necessitated a certain proportion of members be formally elected.

 

The Sub-Committee agreed with the conclusion of the Deputy Monitoring Officer that it could not be a breach of the Code simply to call for the resignation of another member, even if that call was strongly made or seen by some as discourteous. Freedom of expression, particularly in the context of political speech, requires a high threshold before any restriction is imposed, as would be the case if it were found that a breach had occurred and sanctions should be applied in this instance.

 

Nevertheless, the Sub-Committee also agreed with the conclusion of the Deputy Monitoring Officer that, in circulating the email chain of the discussion between the Subject Member and Complainant, among others, to a local media outlet, this represented an escalation of behaviour and, from the materials submitted by the parties, represented what appeared to be an attempt to intimidate and unduly pressurize the Complainant and others. The Sub-Committee agreed that this could therefore amount to an unreasonable or excessive attack on a person or a person’s character, which they considered reasonably indicated, if proven, that there had been a failure to promote and support high standards of conduct as required by the relevant Code of Conduct.

 

It had been raised that the Subject Member subsequently withdrew his email and therefore any supposed intimidatory impact, which in any case was disputed by the Subject Member, had not taken place. However, the Sub-Committee considered that  ...  view the full minutes text for item 16.