Minutes:
Preamble
A complaint was received from Patsy Clover (The Complainant) regarding the conduct of Councillor Adrienne Westbrook (The Subject Member) of Melksham Town Council. It was alleged the Subject Member had breached the Code of Conduct by failing to have regard to the Nolan principles, specifically integrity, objectivity, accountability, openness, honesty and leadership, and failed to be open as possible about her decisions and actions, and failed to give reasons for those decisions and actions. This was alleged in respect of the suspension the Complainant from her role with the 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 Melksham Town Council, that a copy of the relevant Code of Conduct was provided for the assessment, and that they were acting in their capacity as a Member during the various alleged actions.
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 the report of the Monitoring Officer.
The Sub-Committee also considered written statements from both the Complainant and the Subject Member provided at the Assessment Sub-Committee meeting on 19 November 2020. This included receipt of additional documentation under Paragraph 5.6 of the procedures for the meeting, provided by the Complainant. Neither party was in attendance.
The complaint was linked with complaints COC130430, COC130432 and COC130433 involving other Members of the Town Council relating to the same set of circumstances.
Conclusion
The complaint involved a series of actions of four Members, including the Subject Member, which it was alleged were not in accordance with council procedures, resulting in the unlawful suspension of the Complainant from her role as Deputy Clerk among other decisions, which were outside the powers of the Subject Member, and in so doing and through other actions around the decision, breached the Code by not promoting or maintaining high standards of conduct.
The Subject Member contended that they acted in accordance with procedure following advice during a difficult situation.
The Sub-Committee noted that the allegations involved breaches of the standing orders of the Town Council. It noted that whilst a breach of those standing orders was not in of itself a breach of a Code of Conduct, it had to consider if the specific allegations of breaches of those orders in the alleged circumstances could, if proven, rise to the level of such a breach under the general principle of not promoting high standards of conduct.
From the submissions it was apparent there had been a period of organisational difficulty for the Town Council where both the clerk and deputy clerk were suspended under grievance procedures. The Subject Member was one of a number of Members subject to complaint for the same incident, due to varying alleged involvement.
The Sub-Committee was not persuaded, on the basis of the submissions, that the alleged behaviour, and alleged breaches of standing orders, in this instance, if proven, were capable of rising to the level of a breach of the Code of Conduct.
In particular, the Sub-Committee noted that if there were errors or unlawful actions taken by the Council by virtue of the Subject Member’s actions in conjunction with the other Members subject to complaint, the grievance and unfair dismissal procedures were a more appropriate place for those decisions by the Council to be explored and determined. It did not consider any of the further allegations to rise to the level capable of being a breach.
It was therefore resolved to take no further action in respect of the complaint and did not consider any of the other related complaints against other Members raised particular issues or allegations which would result in a different determination.
Accordingly, it was,
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.