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Agenda, decisions and draft minutes

Venue: Online Meeting

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

Items
No. Item

1.

Election of Chairman

To elect a Chairman for this meeting only.

Minutes:

Resolved:

 

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

2.

Declarations of Interest

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

Minutes:

There were no declarations.

3.

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.

4.

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 Numbers 5-7  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 5 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

 

5.

Review of an Assessment Decision: Reference COC124146

Minutes:

Preamble

A complaint was submitted by Elizabeth Martin regarding the conduct of Cllr Stephen Housby of Poulshot Parish Council. The Complaint relates to the conduct of the Subject Member in his dealings with and his attitude towards the complainant, the then clerk to the Parish Council, on diverse occasions from July 2017 to December 2019. The Complainant alleges that the Subject Member has breached the Parish Council’s Code of Conduct by failing to behave in such a way that a reasonable person would regard as respectful, and acted in a way which a reasonable person would regard as bullying or intimidatory.

 

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the member was and remains a member of Poulshot Parish 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 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, the response of the Subject Member, the initial assessment decision of the Representative of the Monitoring Officer to take no further action and the request for a review of that decision by the Complainant.

 

The Sub-Committee also considered a verbal statement on behalf of the Complainant at the Review Sub-Committee meeting on 9 June February 2020 in support of written submissions, and a written statement from the Subject Member, who was not in attendance. 

 

Conclusion

The complainant had been employed by the parish council for a number of years. Allegations had been submitted of a variety of behaviours over a significant period by the Subject Member, among others on that council. The complainant considered that their treatment by the Subject Member including perceived pressure on them to leave their post amounted to unfair treatment and bullying, or contribution to an atmosphere of the same. In particular, reference had been made of alleged racist behaviour.

 

The Sub-Committee noted that whilst matters of employee grievance were a legal matter for a parish council to resolve under separate processes, matters of member behaviour fell within the remit of the standards regime overseen by Wiltshire Council. However, it was not uncommon for the two matters to become enmeshed where alleged member behaviours, as in this case, contributed significantly to the matters which were required to be dealt with under formal grievance procedures.

 

The Sub-Committee considered the allegations and took into account the clear upset felt by the complainant. Whilst individual allegations might not in themselves be capable of breaching the Code of Conduct, the Sub-Committee considered whether the totality of the complaints alleged amounted to a pattern of behaviour would be capable of such.

 

Several allegations related to disagreements between the parties which had involved robust language and discussion and  ...  view the full minutes text for item 5.

6.

Review of an Assessment Decision: Reference COC126880

Minutes:

Preamble

A complaint was submitted by Elizabeth Martin regarding the conduct of Cllr Ben Hamilton of Poulshot Parish Council. The Complaint relates to the conduct of the Subject Member in his dealings with and his attitude towards the complainant, the then clerk to the Parish Council, on diverse occasions from July 2017 to December 2019. The Complainant alleges that the Subject Member has breached the Parish Council’s Code of Conduct by failing to behave in such a way that a reasonable person would regard as respectful, and acted in a way which a reasonable person would regard as bullying or intimidatory.

 

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the member was and remains a member of Poulshot Parish 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 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, the response of the Subject Member, the initial assessment decision of the Representative of the Monitoring Officer to take no further action and the request for a review of that decision by the Complainant.

 

The Sub-Committee also considered a verbal statement on behalf of the Complainant at the Review Sub-Committee meeting on 9 June February 2020 in support of written submissions, and a written statement from the Subject Member, who was not in attendance. 

 

Conclusion

The complainant had been employed by the parish council for a number of years. Allegations had been submitted of a variety of behaviours over a significant period by the Subject Member, among others on that council. The complainant considered that their treatment by the Subject Member including perceived pressure on them to leave their post amounted to unfair treatment and bullying, or contribution to an atmosphere of the same.

 

The Sub-Committee noted that whilst matters of employee grievance were a legal matter for a parish council to resolve under separate processes, matters of member behaviour fell within the remit of the standards regime overseen by Wiltshire Council. However, it was not uncommon for the two matters to become enmeshed where alleged member behaviours, as in this case, contributed significantly to the matters which were required to be dealt with under formal grievance procedures.

 

 

 

The Sub-Committee considered the allegations and took into account the clear upset felt by the complainant. It was also clear that there had been a breakdown in trust between the two parties, among others, which had greater significance given the Subject Member’s position as Chairman. Whilst individual allegations might not in themselves be capable of breaching the Code of Conduct, the Sub-Committee considered whether the totality of the complaints alleged amounted to a pattern of behaviour would be  ...  view the full minutes text for item 6.

7.

Review of an Assessment Decision: Reference COC126881

Minutes:

Preamble

A complaint was submitted by Elizabeth Martin regarding the conduct of Cllr Tim Jalland of Poulshot Parish Council. The Complaint relates to the conduct of the Subject Member in his dealings with and his attitude towards the complainant, the then clerk to the Parish Council, on diverse occasions from July 2017 to December 2019. The Complainant alleges that the Subject Member has breached the Parish Council’s Code of Conduct by failing to behave in such a way that a reasonable person would regard as respectful, and acted in a way which a reasonable person would regard as bullying or intimidatory.

 

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the member was and remains a member of Poulshot Parish 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 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, the response of the Subject Member, the initial assessment decision of the Representative of the Monitoring Officer to take no further action and the request for a review of that decision by the Complainant.

 

The Sub-Committee also considered a verbal statement on behalf of the Complainant at the Review Sub-Committee meeting on 9 June February 2020 in support of written submissions, and a written statement from the Subject Member, who was not in attendance. An Independent Person supporting the Subject Member was in attendance for the hearing of statements.

 

Conclusion

The complainant had been employed by the parish council for a number of years. Allegations had been submitted of a variety of behaviours over a significant period by the Subject Member, among others on that council. The complainant considered that their treatment by the Subject Member including perceived pressure on them to leave their post amounted to unfair treatment and bullying, or contribution to an atmosphere of the same. In particular, reference had been made of alleged racist behaviour.

 

The Sub-Committee noted that whilst matters of employee grievance were a legal matter for a parish council to resolve under separate processes, matters of member behaviour fell within the remit of the standards regime overseen by Wiltshire Council. However, it was not uncommon for the two matters to become enmeshed where alleged member behaviours, as in this case, contributed significantly to the matters which were required to be dealt with under formal grievance procedures.

 

The complaint detailed a number of incidences where the complainant considered, individually or cumulatively, that the Subject Member’s behaviour toward her in relation to the discharge of her duties and other matters had risen to the level of a breach of the Code. The representative of the Monitoring Officer who had undertaken the initial  ...  view the full minutes text for item 7.