Minutes:
Preamble
A complaint was received from Fiona Fox (The Complainant) regarding the conduct of Councillor Andrew Davis (The Subject Member), a Member of Warminster Town Council. It was alleged that the Subject Member had breached the Code of Conduct through unprofessional demeaning, undermining and inappropriate behaviour at a public event in May 2019. The Complainant is the town clerk of Warminster Town Council.
Assessment
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 Warminster Town Council, and that a copy of the relevant Code of Conduct was provided for the assessment.
The Sub-Committee considered that it was unclear whether the Subject Member had been acting in their capacity as a Member of Warminster Town Council at the event at which the incident giving rise to the complaint occurred, or might be perceived to have been acting in that capacity particularly through the specific interactions with the Complainant, who is the clerk to the Town Council. Notwithstanding this, for the avoidance of doubt, the Sub-Committee progressed with 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. 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 and supporting information, and the report of the Monitoring Officer.
The Sub-Committee also considered verbal statements from both the Complainant and the Subject Member provided at the Assessment Sub-Committee meeting on 19 November 2020.
Conclusion
The complaint involved a discussion and interaction between the Subject Member and the Complainant at a local event, which by both accounts became heated and confrontational. The parties disagreed on the nature and tone of various elements of the confrontation and who was responsible, however neither disputed that a heated confrontation had occurred.
The Subject Member is both a Warminster Town Councillor and Wiltshire Councillor, and the Complainant is the clerk to the Town Council, and the context of that relationship on any alleged incident was of relevance.
The relevant Code of Conduct did not contain specific references to disrespect or bullying, however, if the Subject Member was acting in their capacity as a Member, it would need to be considered if the alleged behaviour, stated by the Complainant to be ‘unprofessional, demeaning, undermining and totally inappropriate’, if proven, would be a breach of the Code through a failure to promote high standards of conduct or uphold the principles within the Code.
It was also noted that the complaint was submitted by the Complainant to the Town Council within 20 days of the incident in May 2019, but that due to errors in process by the Town Council it was not provided to Wiltshire Council to assess and determine until August 2020. It was also noted that the Complainant had been on long term sickness for an extended period sometime after submission of the complaint to the Town Council.
In the first instance, the Sub-Committee did not consider that mediation would be appropriate in the circumstances given the stated positions of the parties, and noted that whatever the outcome of the complaint both would need to continue to work together through the Town Council.
The Sub-Committee noted that the confrontation giving rise to complaint had occurred at a public event which, in the circumstances, would mean both parties were under an amount of pressure. The alleged behaviour, if proven, would not reflect well on the Subject Member even in that circumstance, though whether they were attending and acting in an official capacity was relevant when considering if that behaviour, even if causing distress to the Complainant, was capable of rising to the level of a breach of the Code.
Although arising from a procedural error by the Town Council, the delay in consideration of the complaint was also of relevance. Regardless of responsibility for that error, the Sub-Committee noted that the considerable time since the incident giving rise to complaint could make it difficult for any investigation to establish the facts from and beyond the contradictory contemporaneous accounts.
In combination with the uncertainty around the capacity in which the Subject Member had been acting, and the delays that had occurred that would make establishing the facts difficult, the Sub-Committee therefore determined that whilst the alleged behaviour of the Subject Member, if proven, would not be appropriate, it would not be in the public interest for there to be an investigation.
It was therefore resolved,
Resolved:
In accordance with the approved arrangements for resolving standards
complaints adopted by Council on 9 July 2019, which came into effect on 1 January 2020 and after hearing from the Independent Person, the
Assessment Sub-Committee determined to take no further action in
respect of the complaint.