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Agenda, decisions and draft minutes

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 Trevor Carbin 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 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 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

5.

COC126112

Minutes:

Preamble

A complaint was received from Mr and Mrs Sheen regarding the conduct of Cllr John Tighe, Upavon Parish Council. The complaint related to a telephone conversation in which it was alleged the Subject Member had become rude and bad tempered. They also alleged that Councillor Tighe attempted to bully and intimidate them by making the comment, ‘you do not want to fall out with me you will regret it’.

 

The complaint had received an initial assessment which had concluded that the alleged behaviour, if proven, could amount to a breach of the Code of Conduct. A Review-Sub-Committee had upheld that decision on 7 February 2020 and the complaint was referred to seek mediation between the parties before referring the complaint for investigation. Mediation was attempted but was not successful.

 

Following that investigation, the Investigating Officer’s report concluded, on balance, that there had not been a breach of the Code of Conduct. In consultation with one of the council’s Independent Persons, the Monitoring Officer had then upheld the Investigating Officer’s findings and conclusion of there being no breach. The Complainants then requested a review of the Monitoring Officer’s decision to uphold the findings and conclusion of the Investigating Officer’s reports.

 

The matter was therefore considered by a further Review Sub-Committee on 10 December 2020. In reaching its decision to refer the matter to a Hearing Sub-Committee, the Sub-Committee took into account the Investigating Officer’s report and supporting documentation, which included the original complaint, the response of the Subject Member, the initial assessment decision, the Review Sub-Committee decision other evidence provided during the investigation, comments on the report itself from both parties, the decision notice of the Monitoring Officer, and the Complainants’ request for a review of that decision. Neither party was in attendance at the meeting on 10 December 2020.

 

Following the decision of that meeting, the council was informed that the Subject Member had resigned from Upavon Parish Council. This was confirmed in January 2021.

 

As the Subject Member no longer being a member of Upavon Parish Council was a material change in circumstances, and bearing in mind particularly that the assessment criteria included consideration of whether the Subject Member remained a member of the relevant council or, if not, that it was in the public interest to proceed, the Review Sub-Committee reconvened in order to consider whether to retain its decision made on 10 December 2020.

 

The meeting was scheduled for 9 February 2021 but was unable to proceed and was rescheduled by the Proper Officer to 11 February 2021.

 

In reaching its decision at that meeting, the Sub-Committee considered, in addition to their previous considerations, the decision notice of the meeting held on 10 December 2020. Neither party was in attendance at the meeting on 11 February 2021, but comments had been received by both parties. The views of the Independent Person, who was not present, had also been sought and provided.

 

Conclusion

At its previous meeting the Review Sub-Committee had not supported the decision of the  ...  view the full minutes text for item 5.

 

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